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Full text of "Tercentenary Edition of the General Laws of the Commonwealth of Massachusetts : comprising the General Laws enacted December 22, 1920, to take effect January 1, 1921, as amended prior to January 1, 1932, with the constitutions of the United States and of the Commonwealth"

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TERCENTENARY EDITION 

OF 

THE GENERAL LAWS 



OF 



tirtje Commontoealtf) of iMags^acljusetts; 

Comprising the General Laws enacted December 22, 1920 

TO take effect January 1, 1921, as amended 

PRIOR TO January 1, 1932 



WITH THB 



CO^VSTITUTIONS OF THE UNITED STATES 
AND OF THE COMMONWEALTH 



Edited under the Direction of The General Court by 

William E. Dorman 
Counsel to the Senate 

Henry D. Wiggin 
Counsel to the House of Representatives 



VOL. I 

Chapters 1-1 32 A 




BOSTON 

WRIGHT & POTTER PRINTING COMPANY 

1932 







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INTRODUCTION. 



As directed by chapter 39 of the Resolves of 1929, chapter 58 of the Resolves 
of 1930 and chapters 67 and 68 of the Resolves of 1931, the undersigned, counsel, 
respectively, to the Senate and to the House of Representatives, have prepared 
for publication this tercentenary edition of the General Laws of 1921, as amended 
prior to January 1, 1932. 

It is to be noted that this edition is not a revision of the general statutes of 
the commonwealth, enacted as a unit by the General Court, as were the revisions 
known as the Revised Statutes of 1836, the General Statutes of 1860, the Public 
Statutes of 1882, the Revised Laws of 1902 and the General Laws of 1921. 

At the special session of 1920, the General Court enacted chapter 640 (now 
General Laws, chapter 3, sections 51 to 55, inclusive), establishing the plan known 
as the "continuous consolidation of the general statutes", providing for the 
offices of counsel to the Senate and to the House of Representatives and directing 
that they " shall, so far as possible, draft all bills proposed for legislation as gen- 
eral statutes in the form of specific amendments of or additions to the General 
Laws". One of the principal purposes of said chapter 640 was to make provision 
for maintaining the general statutes of the commonwealth in such form that 
new editions might readily be prepared for publication at periodic intervals, 
without the delay, inconvenience and expense incident to a general consolidation 
or revision as theretofore conducted, involving the appointment of a highly paid 
revision commission and a recess committee of the only kind now entitled to com- 
pensation under the constitution and also the calling of a special session of the 
General Court. In the preparation of the tercentenary edition for publication, this 
purpose has been achieved. 

In anticipation of the preparation of this edition, the undersigned have also 
reviewed the General Laws and amendments thereof in order to comply with 
mandates of the General Court, directing them to make recommendations for the 
correction of errors, omissions, inconsistencies and imperfections therein which 
may come to their attention, accompanied by drafts of legislation to carry such 
recommendations into eff'ect. These recommendations and accompanying drafts 
of legislation appear in the reports of the counsel to the Senate and to the House 

[in] 



iv INTRODUCTION. 

of Representatives filed with the clerk of the House of Representatives and printed 
as House Document 1360 of 1930 and House Documents 1324, 1370 and 1650 of 
1931. Chapters 301, 394 and 426 of the Acts of 1931 were based upon the foregoing 
reports. 

The marginal notations opposite the several sections of the General Laws 
have been revised to include citations of decisions of the Supreme Judicial Court 
rendered since the publication of the General Laws, concluding with those con- 
tained in Volume 273 of the Massachusetts Reports. 

WILLL\M E. DORMAN, 

Counsel to the Senate. 

HENRY D. WIGGIN, 

Counsel to the House of Representatives. 



CONSTITUTION 



UNITED STATES OF AMERICA. 



PREAMBLE. 
Objects of the Constitution. 

ARTICLE I. 

Section 

1. Legislative powers, in whom vested. 

2. House of representatives, how and by 

whom clinsen. — QuaUfications of 
a representative. — Representatives 
and direct taxes, how apportioned. 

— Census. — Vacancies to be filled. 
— • Choosing officers. — Power of im- 
peachment. 

3. Senators, how and by whom chosen. — 

How classified. — Vacancies, how 
filled. — Qualifications of a senator. 

— President of the senate, his right 
to vote. — President pro tern, and 
other officers of senate, how chosen. 

— Power to try impeachments. — 
When president is tried, chief justice 
to preside. — Sentence. 

4. Times, etc., of holding elections, how 

prescribed. — One session in each 
year. 

5. Membership. — Quomm. — Adjourn- 

ments. — Rules. — Power to punish 
or expel. — Journ.al. — Time of ad- 
journment limited, unless, etc. 

6. Compensation. — Privileges. — Dis- 

quaUfication in certain cases. 

7. House to originate all revenue bills. — 

Veto. — Bill may be passed by two- 
thirds of each house, notwithstand- 
ing, etc. ■ — Bill not returned in ten 
days. — Provision as to all orders, 
etc., except, etc. 

8. Powers of congress. 

9. Provision as to migration or importa- 

tion of certain persons. — Habeas 
corpus. — Bills of attainder, etc. — • 
Taxes, how apportioned. — No ex- 
port duty. — No commercial pref- 
erences. — No money drawn from 
treasury, unless, etc. — No titular 
nobility. — Officers not to receive 
presents, unless, etc. 



Section 

10. States prohibited from the exercise of 
certain powers. 

ARTICLE II. 

Section 

1. President and vice-president, their 

term of office. — Electors of presi- 
dent and vice-president, number 
and how appointed. — Electors to 
vote on same day. — Qualifications 
of president. — On whom his duties 
devolve in case of his removal, 
death, etc. — President's compensa- 
tion. — His oath. 

2. President to be commander-in-chief. — 

He may require opinions of certain 
officers, etc., and may pardon. — 
Treaty-making power. — ■ Nomina- 
tion of certain officers. — When 
president may fill vacancies. 

3. President shall communicate to con- 

gress. — He may convene and ad- 
journ congress, etc.; shall receive 
ambassadors, execute laws, and com- 
mission officers. 

4. All civil offices forfeited for certain 

crimes. 

ARTICLE III. 

Section 

1. Judicial power. — Tenure. — Compen- 

sation. 

2. Judicial power, to what cases it ex- 

tends. — Original jurisdiction of su- 
preme court. — Appellate. — Trial 
by jury, except, etc. — Trial, where. 

3. Treason defined. — Proof. — Punish- 

ment. 

ARTICLE IV. 

Section 

1. Credit to be given to pubhc acts, etc., 

of every state. 

2. Privileges of citizens of each state. — 

Fugitives from justice to be delivered 
up. — Persons held to service, having 
escaped, to be dehvered up. 



m 



CONSTITUTION OF THK UNITED STATES. 



Section 

3. Admission of new states. — Power of 

congress over territory and other 
property. 

4. Republioan form of government guar- 

anteed. — Each state to be protected. 

ARTICLE V. 
Constitution, how amended. — Proviso. 

ARTICLE VI. 

Certain debts, etc., adopted. — Supremacy 
of constitution, treaties and laws of 
the United States. — Oath to sup- 
port constitution, by whom taken. — 
No religious test. 

ARTICLE VII. 

What ratification shall establish constitu- 
tion. 

AMENDMENTS. 
Article 

1. Religious establishment prohibited. — 

Freedom of speech, of the press, and 
right to petition. 

2. Right to keep and bear arms. 

3. No soldier to be quartered in any 

house, unless, etc. 

4. Right of search and seizure regulated. 

5. Provisions concerning prosecutions, 

trials and punishments. — Private 
property not to be taken for public 
use, without compensation. 
Further provisions respecting criminal 
prosecutions. 



6. 



Article 

7. Right of trial by jury secured. 

8. Bail, fines and punishments. 

9. Rule of construction. 

10. Same subject. 

11. Same subject. 

12. Manner of choosing president and %nce- 

president. 

13. Sect. 1. Slavery abolished. 
Sect. 2. Appropriate legislation. 

14. Sect. 1. Citizenship defined. — Privi- 

leges of citizens not to be abridged. 

Sect. 2. Apportionment of repre- 
sentatives. 

Sect. 3. Certain persons in rebellion 
excluded from holding office. — • 
Disability may be removed. 

Sect. 4. Debt of United States not 
to be questioned. — Debts incurred 
in aid of rebellion to be void, etc. 

Sect. 5. Appropriate legislation. 

15. Sect. 1. Right to vote not to be 

abridged on account of race. etc. 
Sect. 2. Appropriate legislation. 

16. Taxation of incomes. 

17. Senators, how and by whom chosen. 

- — Election to fill vacancies. — Tem- 
porary appointments. — Amend- 
ment not retroactive. 

18. Sect. 1. Intoxicating liquors for 

beverage purposes prohibited. 
Sect. 2. Appropriate legislation. 
Sect. 3. Time for ratification. 

19. Right to vote not to be abridged on 

account of sex. — Appropriate legis- 
lation. 



Preamble. 



WE the people of the United States, in order to form a more perfect 
union, estabhsh justice, insure domestic tranquilHty, provide for the 
common defence, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish this 
Constitution for the United States of America. 



Legislative 
powers, in 
whom vested. 



House of rep- 
resentatives, 
bow and by 
whom chosen. 
239 Mass. 603. 



Qualificationa 
of a represent- 
ative. 
240 Mass. 601. 



Representa- 
tives and 
direct taxes, 



ARTICLE I. 

Sect. 1. All legislative powers herein granted shall be vested in a 
congress of the United States, which shall consist of a senate and house 
of representatives. 

Sect. 2. The house of representatives shall be composed of members 
chosen every second year by the people of the several states, and the 
electors in each state shall have the qualifications requisite for electors 
of the most numerous branch of the state legislature. 

No person shall be a representative wlio shall not have attained to the 
age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state 
in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several states which may be included within this Union, according to 



CONSTITUTION OF THE UNITED STATES. 3 

their respective numbers, which shall be determined by adding' to tiie how appor- 
whole number of free persons, including those bound to scr\ice for a secAmend- 
term of years, and excluding Indians not taxed, three-fifths of all other xiv?xvl'' 
persons. The actual enumeration shall be made within three years after Census. 
the first meeting of the congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. 
The number of representatives shall not exceed one for every thirty 
thousand, but each state shall have at least one representative; and un- 
til such enumeration shall be made, the state of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode Island and Provi- 
dence Plantations one, Connecticut five, New York six, New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. 
North Carolina five. South Carolina five, and Georgia three. 

When vacancies happen in the representation from any state, the vacancies to 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The house of representatives shall choose their speaker and other choosing ofs- 
officers; and shall have the sole power of impeachment. impeachment. 

Sect. 3. [The senate of the United States shall be composed of two senators, how 
senators from each state, chosen by the legislature thereof, for six years; chosen. 
and each senator shall have one vote.] 

Amendment XV 11 a substitute for this paragraph. 

Immediately after they shall be assembled in consequence of the first How classified. 
election, they shall be divided as equally as may be into three classes. 
The seats of the senators of the first class shall be vacated at the expira- 
tion of the second year, of the second class at the expiration of the fourth 
year, and of the third class at the expiration of the sixth year, so that 
one-third may be chosen every second year ; [and if vacancies happen by vacancies, how 
resignation, or otherwise, during the recess of the legislature of any state. Amendment 
the executive thereof may make temporary appointments until the next etitute^for this 
meeting of the legislature, which shall then fill such vacancies.] provision. 

No person shall be a senator who shall not have attained to the age of of"a senat'o™^ 
thirty years, and been nine years a citizen of the United States, and who ^40 Mass. eoi. 
shall not, when elected, be an inhabitant of that state for which he shall 
be chosen. 

The vice-president of the United States shall be president of the senate, President of 
but shall have no vote, unless they be equally divided. right to vote. 

The senate shall choose their other officers, and also a president pro President pro 
tempore, in the absence of the vice-president, or when he shall exercise officers of aen- 
the office of president of the United States. Chosen." 

The senate shall have the sole power to try all impeachments. \Mien Power to try 
sitting for that purpose, they shall be on oath or affirmation. When the 
president of the United States is tried, the chief justice shall preside: whenprcsi- 

1 -I'll el-l dent 13 tried, 

and no person shall be convicted without the concurrence oi two-thirds chief justice to 
of the members present. 

Judgment in cases of impeachment shall not extend further than to Sentence. 
removal from office, and disqualification to hold and enjoy any office of 
honor, trust or profit under the United States: but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment 
and punishment, according to law. 

Sect. 4. The times, places and manner of holding elections for Times, etc., of 

. , *! 1 • 1 11 holding elec- 

senators and representatives, shall be prescribed in each state by the tiona. howpre- 



CONSTITUTION OF THE UNITED STATES. 



One session in 
each year. 
239 Mass. 603. 



Membership. 



Quorum. 
AdjournmeDts. 



Rules. Power 
to punish or 
expel. 



Journal. 



Time of ad- 
journment 
limited, unless, 
etc. 

Compensation. 



Privileges. 



Disqualifica- 
tion in certain 
cases. 



House to origi- 
nate all rev- 
enue bills. 
126 Mass. 557, 
593. 
191 Mass. 370. 



Veto. 



Bill may be 
passed by two- 
thirds of each 
house, not- 
withstanding, 
etc. 
227 Mass. 538. 



Bill not re- 
turned in ten 
days. 



legislature thereof; but the congress may at any time by law make or 
alter such regulations, except as to the places of choosing senators. 

The congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall by 
law appoint a different day. 

Sect. 5. Each house shall be the judge of the elections, returns and 
qualifications of its own members, and a majority of each shall con- 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner, and under such penalties as each 
house may provide. 

Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two- 
thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from time to 
time publish the same, excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one-fifth of those present, be 
entered on the journal. 

Neither house, during the session of congress, shall, without the con- 
sent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sect. 6. The senators and representatives shall receive a compensa- 
tion for their services, to be ascertained by law, and paid out of the 
treasury of the United States. They shall in all cases, except treason, 
felony and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to 
and returning from the same; and for any speech or debate in either 
house, they shall not be questioned in any other place. 

No senator or representative shall, during the time for which he was 
elected, be appointed to any civil office under the authority of the United 
States, which shall have been created, or the emoluments whereof shall 
have been increased during such time; and no person holding any office 
under the United States, shall be a member of either house during his 
continuance in office. 

Sect. 7. All bills for raising revenue shall originate in the house of 
representatives; but the senate may propose or concur with amendments 
as on other bills. 

Every bill which shall have passed the house of representatives and 
the senate, shall, before it become a law, be presented to the president of 
the United States; if he approve he shall sign it, but if not he shall re- 
turn it, with his objections to that house in which it shall have originated, 
who shall enter the objections at large on their journal, and proceed to 
reconsider it. If after such reconsideration two-thirds of that house 
shall agree to pass the bill, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be reconsidered, and if ap- 
proved by two-thirds of that house, it shall become a law. But in all 
such cases the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall be en- 
tered on the journal of each house respectively. If any bill shall not be 
returned by the president within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in like manner 
as if he had signed it, unless the congress by their adjournment prevent 
its return, in which case it shall not be a law. 



CONSTITUTION OF THE UNITED STATES. 

Every order, resolution, or vote to which the concurrence of the senate Provision as to 

, 1 t, • 1 / . i- r "^'^ orders, etc., 

and house of representatives may be necessary (except on a question oi except, etc. 
adjournment) shall be presented to the president of the United States; 
and before the same shall take effect, shall be approved by him, or being 
disapproved by him, shall be repassed by two-thirds of the senate and 
house of representatives, according to the rules and limitations prescribed 
in the case of a bill. 

Sect. 8. The congress shall have power — to lay and collect taxes. Powers of 
duties, imposts and excises, to pay the debts and provide for the common 4 Cmy, 559. 
defence and general welfare of the United States; but all duties, im- 10 AUen. loo', 
posts and excises shall be uniform throughout the United States; — to loe MasI: 3S6. 
borrow money on the credit of the United States; — to regulate com- lioMass:!*"' 
merce with foreign nations, and among the several states, and with the j^s Mass. 264. 
Indian tribes; — to establish an uniform rule of naturalization, and ise Mass. 236. 
uniform laws on the subject of bankruptcies throughout the United 162 Mass! 113. 
States; — to coin money, regulate the value thereof, and of foreign coin, 190 mZI'. 355. 
and fix the standard of weights and measures; — to provide for the pun- \ll Mass! lot 
ishment of counterfeiting the securities and current coin of the United |g) Hm f^^; 
States; — to establish post offices and post roads; — to promote the l^'^oj^.^ ^^^ 
progress of science and useful arts, by securing for limited times to au- ^\ly. 
thors and inventors the exclusive right to their respective writings and 235 Mass! sss! 
discoveries; — to constitute tribunals inferior to the supreme court; — 236Maa3. 281. 
to define and punish piracies and felonies committed on the high seas, 242 Mass! 4?! 
and offences against the law of nations; — to declare war, grant letters I44 Mass. 47. 
of marque and reprisal, and make rules concerning captures on land and |*8 Mass. 31^ 
water; — to raise and support armies, but no appropriation of money to |^°^j^^g j^q' 
that use shall be for a longer terra than two years ; — to provide and 426. 
maintain a navy; — to make rules for the government and regulation of 470. *^^ ' 
the land and naval forces; — to provide for calling forth the militia to lea Mass! ttl. 
execute the laws of the Union, suppress insurrections, and repel inva- fooMas^s.' II^.' 
sions; — to provide for organizing, arming, and disciplining the militia, ^^^ Mass. 511. 
and for governing such part of them as may be employed in the service laa u. s. 240. 
of the United States, reserving to the states respectively, the appointment 231 v. s. 68. ' 
of the officers, and the authority of training the militia according to the 147. 
discipline prescribed by congress; — to exercise exclusive legislation in 267!' 
all cases whatsoever, over such district (not exceeding ten miles square) (i^20)' le's. 
as may, by cession of particular states, and the acceptance of congress, 
become the seat of the government of the United States, and to exercise 
like authority over all places purchased by the consent of the legislature 
of the state in which the same shall be, for the erection of forts, magazines, 
arsenals, dock yards, and other needful buildings; — and to make all 
laws which shall be necessary and proper for carrying into execution 
the foregoing powers, and all other powers vested by this constitution 
in the government of the United States, or in any department or officer 
thereof. 

Sect. 9. The migration or importation of such persons, as any of ^'i°™tion or'° 
the states now existing shall think proper to admit, shall not be pro- importation of 

cprtftin per- 

hibited by the congress prior to the year one thousand eight hundred sons. 
and eight, but a tax or duty may be imposed on such importation, not 
exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, Habeas corpus. 
unless when in cases of rebellion or invasion the public safety may 
require it. 

No bill of attainder or ex post facto law shall be passed. ta'inder.^eVc 



6 



CONSTITUTION OF THE UNITED STATES. 



No capitation, or other direct tax, shall be laid, unless in proportion 



Taxes, how 

apportioned. ^ • i p t i i i 

SeeAmendment ^^ ^j^g ccnsus or enumeration hereinbefore directed to be taken. 

3 Op. A. G. 267. 



No export 
duty. 



No commercial 
preferences. 



No money 
drawn from 
treasury, 
unless, etc. 



No titular 
nobility. 
Officers not to 
receive pres- 
ents, unless, 
etc. 

States pro- 
hibited from 
the exercise 
of certain 
powers. 
7 Cush. .53. 
12 Allen. 421. 
424. 428. 
103 Mass. 267. 
115 Mass, 1.53. 
151 Mass. 364. 
160 Mass. 62. 

172 Mass. 264. 

173 Mass. 322. 
176 Mass. 9. 
178 Mass. 330. 

180 Mass. .57. 

181 Mass. HI. 

182 Mass. 41, 
49, 80. 

184 Mass. 320. 

188 Mass. 521. 

189 Mass. 70, 
263. 

190 Mass. 605. 
197 Mass. 443. 

226 M.ass, 618. 

227 Mass. 331. 
231 Mass. 113. 



No tax or duty shall be laid on articles exported from any state. 

235 Mass. 572. 242 Mass. 47. 244 Mass. 530. 

No preference shall be given by any regulation of commerce or revenue 
to the ports of one state over those of another; nor shall vessels bound 
to, or from, one state, be obliged to enter, clear or pay duties in another. 

No money shall be drawn from the treasury, but in consequence of 
appropriations made by law ; and a regular statement and account of the 
receipts and expenditures of all public money shall be published from 
time to time. 

No title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them shall, without the 
consent of the congress, accept of any present, emolument, office or 
title, of any kind whatever, from any king, prince, or foreign state. 

Sect. 10. No state shall enter into any treaty, alliance, or con- 
federation; grant letters of marque and reprisal; coin money; emit 
bills of credit; make any thing but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts, or grant any title of nobility. 
No state shall, without the consent of the congress, lay any imposts 
or duties on imports or exports, except what may be absolutely nec- 
essary for executing its inspection laws: and the net produce of all 
duties and imposts, laid by any state on imports or exports, shall be 
for the use of the treasury of the United States; and all such laws 
shall be subject to the revision and control of the congress. No state 
shall, without the consent of congress, lay any duty of tonnage, keep 
troops, or ships of war in time of peace, enter into any agreement or 
compact with another state, or with a foreign power, or engage in 
war, unless actually invaded, or in such imminent danger as will not 
admit of delay. 



232 Mass. 329. 

235 Mass. 572. 

236 Miiss. 281. 

237 Mass. 619. 
240 Mass. 264. 
242 Mass. 47. 
247 Mass. 334. 
253 Mass. 256. 321. 



261 Mass. 523. 

263 Mass. 444. 

264 Mass. 396. 

265 Mass. 135. 
268 Mass. 443. 
270 Mass. 69. 
221 U. S. 660. 



246 U. S. 135. 147. 
2 0p. A. G. 125. 195, 
261. 354. 426. 
4 Op. A. G. 33, 272. 
278. 282. 407. 529. 
Op. A. G. (1919) 32. 
Op. A. G. (1920) 120. 



President and 
vice-president, 
their term of 
office. 



Electors of 
president and 
vice-president, 
number, and 
how appointed. 
Op. A. G. 
(1920) 201. 



Amendment 
XII a substi- 
tute for this 
paragraph. 



ARTICLE II. 

Sect. 1. The executive power shall be vested in a President of 
the United States of America. He shall hold his office during the 
term of four years, and, together with the vice-president, chosen for 
the same term, be elected, as follows: — 

Each state shall appoint, in such manner as the legislature thereof 
may direct, a number of electors, equal to the whole miniber of senators 
and representatives to which the state may be entitled in the congress; 
but no senator or representative, or person holding an office of trust 
or profit under the United States, shall be appointed an elector. 

[The electors shall meet in their respective states, and vote by ballot 
for two persons, of whom one at least shall not be an inhabitant of the 
same state with themselves. And they shall make a list of all the 
persons voted for, and of the number of votes for each; which list they 



CONSTITUTION OF THE UNITED STATES. 7 

shall sipn and certify, and transmit sealed to the seat of the govern- 
ment of the United States, directed to the president of the senate. 
The president of the senate shall, in the presence of the senate and 
house of representatives, open all the certificates, and the votes shall 
then be counted. The person having the greatest number of votes 
shall be the president, if such number be a majority of the whole num- 
ber of electors appointed; and if there be more than one who have 
such majority, and have an equal number of votes, then the house of 
representatives shall immediately choose by ballot one of them for 
president; and if no person have a majority, then from the five highest 
on the list the said house shall in like manner choose the president. 
But in choosing the president, the votes shall be taken by states, the 
representation from each state having one vote; a quorum for this 
purpose shall consist of a member or members from two-thirds of the 
states, and a majority of all the states shall be necessary to a choice. 
In every case, after the choice of the president, the person having the 
greatest number of votes of the electors shall be the vice-president. 
But if there should remain two or more who have equal votes, the 
senate shall choose from them by ballot the vice-president.] 

The congress may determine the time of choosing the electors, and vote'^slme 
the day on which they shall give their votes; which day shall be the ^ay. 
same throughout the United States. 

No person except a natural born citizen, or a citizen of the United ^(™J|.^Jdem"^ 
States, at the time of the adoption of this constitution, shall be eligible 240 Masa. eoi. 
to the office of president; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and 
been fourteen years a resident within the United States. 

In case of the removal of the president from office, or of his death, On whom his 
resignation, or inability to discharge the powers and duties of the in" case oThis 
said office, the same shall devolve on the vice-president, and the con- deTthTitc. 
gress may by law provide for the case of removal, death, resignation, 
or inability, both of the president and vice-president, declaring what 
officer shall then act as president, and such officer shall act accordingly, 
until the disability be removed, or a president shall be elected. 

The president shall, at stated times, receive for his services, a com- President's 
pensation, which shall neither be increased nor diminished during the '^°'°p'°^^ '°''- 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or 
any of them. 

Before he enter on the execution of his office, he shall take the follow- 
ing oath or affirmation : — 

"I do solemnly swear (or affirm) that I will faithfully execute the His oath. 
office of president of the United States, and will to the best of my ability, 
preserve, protect and defend the constitution of the United States." 

Sect. 2. The president shall be commander-in-chief of the army President to 
and navy of the United States, and of the militia of the several states, inchS"'"^ ^ 
when called into the actual service of the United States; he may require "ui^opintons 
the opinion, in writing, of the principal officer in each of the executive °ers"efo"! aS' 
departments, upon any subject relating to the duties of their respective may pardon. 
offices, and he shall have power to grant reprieves and pardons for 
offences against the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the Treaty-making 
senate, to make treaties, provided two-thirds of the senators present iDi'Masa. 276. 
concur; and he shall nominate, and by and with the advice and con- 245 113^:462! 



8 



CONSTITUTION OF THE UNITED STATES. 



Nomination of 
certain officers. 



When presi- 
dent may fill 
vacancies. 



President shall 
communicate 
to congress. 

He may con- 
vene and ad- 
journ congress, 
etc. 



Shall receive 

ambassadors, 
execute laws, 
and commis- 
eion officers. 

All civil offices 
forfeited for 
certain crimes. 



sent of the senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the supreme court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
for, and which shall be established by law: but the congress may 
by law vest the appointment of such inferior officers, as they think 
proper, in the president alone, in the courts of law, or in the heads 
of departments. 

The president shall have power to fill up all vacancies that may 
happen during the recess of the senate, by granting commissions which 
shall expire at the end of their next session. 

Sect. 3. He shall from time to time give to the congress information 
of the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on extraor- 
dinary occasions, convene both houses, or either of them, and in case 
of disagreement between them, with respect to the time of adjourn- 
ment, he may adjourn them to such time as he shall think proper; 
he shall receive ambassadors and other public ministers; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Sect. 4. The president, vice-president, and all civil officers of the 
United States, shall be removed from office on impeachment for, and 
conviction of, treason, bribery, or other high crimes and misdemeanors. 



Judicial 

power. 

242 Mass. 0.'5. 

246 Mass. 464. 

271 Mass. 675. 

Tenure. 

Compensation. 



Judicial 

power, to what 
cases it ex- 
tends. 

130 Mass. 431. 
152 Mass. 230. 
231 Mass. 313. 
235 Mass. 538. 
237 Mass. 591. 
244 Mass. 23, 
47. 

248 Mass. 31. 
258 Mass. 470. 
139 U. S. 240. 

See Amend- 
ment XI. 



Original juris- 
diction of 
supreme court. 



Appellate. 



Trial by jury, 
except, etc. 
Trial, where. 



ARTICLE III. 

Sect. 1. The judicial power of the United States shall be vested in 
one supreme court, and in such inferior courts as the congress may 
from time to time ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behavior, and 
shall, at stated times, receive for their services, a compensation, which 
shall not be diminished during their continuance in office. 

Sect. 2. The judicial power shall extend to all cases, in law and 
equity, arising under this constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority; — 
to all cases affecting ambassadors, other public ministers, and consuls; 
— to all cases of admiralty and maritime jurisdiction; — to contro- 
versies to which the United States shall be a party ; — to controversies 
between two or more states; — between a state and citizens of another 
state; — between citizens of different states; — between citizens of 
the same state claiming lands under grants of different states, and 
between a state, or the citizens thereof, and foreign states, citizens or 
subjects. 

In all cases affecting ambassadors, other public ministers and consuls, 
and those in which a state shall be a party, the supreme court shall 
have original jurisdiction. In all the other cases before mentioned, 
the supreme court shall have appellate jurisdiction, both as to law 
and fact, with such exceptions, and under such regulations as the 
congress shall make. 

The trial of all crimes, except in cases of impeachment, sliall be by 
jury; and such trial shall be held in the state where the said crimes 
shall have been committed; but when not committed within any 
state, the trial shall be at such place or places as the congress may by 
law have directed. 



CONSTITUTION OF THE UNITED STATES. 9 

Sect. 3. Treason against the United States, shall consist only in Tmason 
levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless on the Proof, 
testimony of two witnesses to the same overt act, or on confession in 
open court. 

The congress shall have power to declare the punishment of treason, Punishment. 
but no attainder of treason shall work corruption of blood, or forfeiture 
except during the life of the person attainted. 



ARTICLE IV. 

Sect. 1. Full faith and credit shall be given in each state to the Credit to be 
public acts, records, and judicial proceedings of every other state. And acts, etc., 
the congress may by general laws prescribe the manner in which such 99 Masl^267^" 
acts, records and proceedings shall be proved, and the effect thereof. J}? MaS: im'. 

122 Mass. 156. 191 Mass. 128. 232 Mass. 224. 2.i9 Mass. 1. 

126 Mass. 26. 192 Mass. 137. 238 Mass. 561. 263 Mass. 378. 

142 Mass. 47. 203 Mass. 159. 244 Mass. 40. 284 Mass. 414. 

149 Mass. 223. 209 Mass. 282. 248 Mass. 440. 271 Mass. 545. 

189 Mass. 85. 231 Mass. 113. 252 Mass. 331. 133 U. S. 107. 

Sect. 2. The citizens of each state shall be entitled to all privi- Privileges of 

, .. .,,,.... I citizens of 

leges and immunities or citizens in the several states. each state. 

3 Grav. 268. 173 Mass. 322. 238 Mass. 396. 

11 Allen, 268. 174 Mass. 29. 256 Mass. 426. 

152 Mass. 2.30. 188 Mass. 239. 4 Op. A. G. 240. 

157 Mass. 367. 236 Mass. 185. 

A person charged in any state with treason, felony, or other crime, fugitives from 
who shall flee from justice, and be found in another state, shall, on delivered up. 
demand of the executive authority of the state from which he fled, iss Mass! ug! 
be delivered up to be removed to the state having jurisdiction of the HI mIH'. til'. 
crime. 

No person held to service or labor in one state, under the laws thereof. Persons held 

.' . 1 1 11 - e 1 1 • to service, hav- 

escaping into another, shall, in consequence oi any law or regulation }"^H'?^p'''Jj *" 
therein, be discharged from such service or labor, but shall be deliv- up. 
ered up on claim of the party to whom such service or labor may be 
due. 

Sect. 3. New states may be admitted by the congress into this Admission of 
Union; but no new state shall be formed or erected within the juris- 
diction of any other state; nor any state be formed by the junction 
of two or more states, or parts of states, without the consent of the 
legislatures of the states concerned as well as of the congress. 

The congress shall have power to dispose of and make all needful g°ers''over''ter'- 
rules and regulations respecting the territory or other property be- ^j»^^>' """^g^j 
longing to the United States; and nothing in this constitution shall be 
so construed as to prejudice any claims of the United States, or of 
any particular state. 

Sect. 4. The United States shall guarantee to every state in this Republican 
Union a republican form of government, and shall protect each of ernment^guar- 
them against invasion, and on application of the legislature, or of the I'ac'httate to 
executive (when the legislature cannot be convened) against domestic be protected. 
violence. 

ARTICLE V. 

The congress, whenever two-thirds of both houses shall deem it Constitution 
necessary, shall propose amendments to this constitution, or, on the 239 Mass, 349. 
application of the legislatures of two-thirds of the several states, shall 261 m"S 523! 

262 Mass. 603. 



10 



CONSTITUTION OF THE UNITED STATES. 



Proviso. 



call a convention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this constitution, 
when ratified by the legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the one or the other 
mode of ratification may be proposed by congress; provided that no 
amendment which may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no state, without its 
consent, shall be deprived of its equal suffrage in the senate. 



Certain debts, 
etc., adopted. 



Supremacy of 
constitution, 
treaties and 
laws of the 
United States. 
191 Mass. 276. 
256 Mass. 159. 
Op. A. G. 
(1918) 44. 



Oath to sup- 
port constitu- 
tion, by whom 
taken. 
Op. A. G. 
(1917) 87. 

No religious 
test. 



ARTICLE VI. 

All debts contracted and engagements entered into, before the adop- 
tion of this constitution, shall be as valid against the United States 
under this constitution, as under the confederation. 

This constitution, and the laws of the United States which shall be 
made in pursuance thereof; and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every state shall be bound thereby, 
any thing in the constitution or laws of any state to the contrary 
notwithstanding. 

The senators and representatives before mentioned, and the mem- 
bers of the several state legislatures, and all executive and judicial 
officers, both of the United States and of the several states, shall be 
bound by oath or affirmation, to support this constitution; but no 
religious test shall ever be required as a qualification to any office or 
public trust under the United States. 



what ratifica- 
tion shall 
establish con- 
stitution. 



ARTICLE VII. 

The ratification of the conventions of nine states, shall be sufficient 
for the establishment of this constitution between the states so rati- 
fying the same. 



ARTICLES 



Religious 
establishment 
prohibited. 
Freedom of 
speech, of the 
press, and 
right to peti- 
tion. 



Right to keep 
and bear arms. 
2.36 Mass. 516. 
247 Mass. 500. 
249 Mass. 235. 

No soldier to 
be quartered 
in any house, 
unless, etc. 
236 Mass. 516. 



IN ADDITION TO AND AMEND.MENT OF 

The constitution of the United States of America, proposed by conc/ress, 
and ratified by the legislatures of the several states, pursuant to the fifth 
article of the original constitution. 

Art. I. Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech, or of the press; or the right of the people peaceably 
to assemble, and to petition the government for a redress of grievances. 

272 Mass. 100. 



196 Mass. 220. 
236 Mass. 516. 



247 Mass. 500. 
249 Mass. 235. 



Art. II. A well regulated militia, being neces.sary to the security 
of a free state, the right of the people to keep and bear arms shall not 
be infringed. 

Art. III. No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 



247 Mass. 500. 



249 Mass. 235. 



CONSTITUTION OF THE UNITED STATES. 11 

Art. IV. The riglit of the people to be secure in their persons, Right of search 
houses, papers and effects, against unreasonable searches and seizures, regufaS" 
shall not be \iolated, and no warrants shall issue, but upon probable g"!! MaS: HI] 
cause, supported by oath or affirmation, and particularly describing j^l ^J|^^- 356. 
the place to be searched, and the persons or things to be seized. 

246 Mass. 507. 247 Mass. 500. 249 Mass. 235. 

Art. V. No person shall be held to answer for a capital, or other- Provnsions con- 
wise infamous crime, unless on a presentment or indictment of a grand cudons.Kfs 
jury, except in cases arising in the land or naval forces, or in the militia, mJlifs™'"''" 
when in actual service in time of war or public danger; nor shall any ^r'ty n'otToX 
person be subject for the same offence to be twice put in jeopardy of [^''^"^^^"^'ifh'o'lrt 
life or limb; nor shall be compelled in any criminal case to be a witness ^opP^P^'igg"- 
against himself, nor be deprived of life, liberty or property, without s"Gra.v,'329. 
due process of law; nor shall private property be taken for public i3Ai™i, 554. 
use, without just compensation. 

105 Mass. 189. 237 Mass. 422. 260 Mass. 441. 270 Mass. 511. 

194 Mass. SO. 242 Mass. 508. 261 Mass. 523. 271 Mass- .598. 

200 Mass. 474. 247 Mass. 334, 500. 264 Mass. 318. 180 U. S. 311. 

207 Mass. 240. 259. 249 Mass. 235. 265 Mass. 166. 4 Op. A. G. 139. 

236 Mass. 516. 259 Mass. 453. 

Art. VI. In all criminal prosecutions, the accused shall enjoy the Further provi- 
right to a speedy and public trial, by an impartial jury of the state and iiigcrimiiwi 
district wherein the crime shall have been committed, which district los^Mal's"™.' 
shall have been previously ascertained by law, and to be informed of HI HlH Hf 
the nature and cause of the accusation; to be confronted with the |i^| ^}^^s. sie. 
witnesses against him; to have compulsory process for obtaining 247 Mass. 500. 
witnesses in his favor, and to have the assistance of counsel for his 261 Mass! 299! 
defence. 

Art. VII. In suits at common law, where the value in controversy Right of trial 
shall exceed twenty dollars, the right of trial by jury shall be preserved, se^cirei 
and no fact tried by a jury shall be otherwise re-examined in any court i9*i'Tiass!*223. 
of the United States, than according to the rules of the common law. ^°^ ^^^^^- ®°^- 

228 Mass. 63. 237 Mass. 591. 249 Mass. 235. 

236 Mass. 516. 247 Mass. 500. 264 Mass. 337. 

Art. VIII. Excessive bail shall not be required, nor excessive fines Bail. 6nes and 

, 11 1 .1 J. • n' J. ^ punishments. 

imposed, nor cruel and unusual punishments inflicted. 

5 Grav. 482. 236 Mass. 516. 249 Mass. 235. 

173 Mass. 322. 247 Mass. 500. 180 U. S. 311. 

Art. IX. The enumeration in the constitution, of certain rights, Rule of con- 
shall not be construed to deny or disparage others retained by the Is™ mms. 516. 
people. 

247 Mass. 500. 249 Mass. 235. 

Art. X. The powers not delegated to the United States by the Same subject. 
constitution, nor prohibited by it to the states, are reserved to the 240 Mass! 60ii 
states respectively, or to the people. 

247 Mass. 500. 249 Mass. 235. 263 Mass. 444. 

Art. XI. The judicial power of the United States shall not be same subject. 
construed to extend to any suit in law or equity, commenced or pro.s- 
ecuted against one of the United States by citizens of another state, 
or by citizens or subjects of any foreign state. 

Art. XII. The electors shall meet in their respective states, and lll"'^i"/lr^i. 
vote by ballot for president and vice-president, one of whom, at least, ''™'ije"n'l ^'"^ 
shall not be an inhabitant of the same state with themselves; they 266 Mass. is. 
shall name in their ballots the person voted for as president, and in 
distinct ballots the person voted for as vice-president, and they shall 
make distinct lists of all persons voted for as president, and of all per- 



12 



CONSTITUTION OF THE UNITED STATES. 



Slavery 
abolished. 
236 Mass. 281. 
253 Mass. 244. 



Appropriate 
legislation. 

Citizenship 
defined. 
Privileges of 
citizens not to 
be abridged. 
144 Mass. 10. 
147 Mass. .'536. 
156 Mass. 57. 
158 Mass. 509, 
598 

166 Mass. 347. 

167 Mass. 290. 



sons voted for as vice-president, and of the number of votes for each, 
which lists they shall sign and certify, and transmit sealed to the seat 
of the government of the United States, directed to the president of 
the senate ; — the president of the senate shall, in presence of the 
senate and house of representatives, open all the certificates and the 
votes shall then be counted; — the person having the greatest number 
of votes for president, shall be the president, if such number be a 
majority of the whole number of electors appointed; and if no person 
have such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as president, the 
house of representatives shall choose immediately, by ballot, the pres- 
ident. But in choosing the president, the votes shall be taken by 
states, the representation from each state having one vote; a quorum 
for this purpose shall consist of a member or members from two-thirds 
of the states, and a majority of all the states shall be necessary to a 
choice. And if the house of representatives shall not choose a pres- 
ident whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the vice-president shall 
act as president, as in the case of the death or other constitutional 
disability of the president. 

The person having the greatest number of votes as vice-president, 
shall be the vice-president, if such number be a majority of the whole 
number of electors appointed, and if no person have a majority, then 
from the two highest numbers on the list, the senate shall choose the 
vice-president; a quorum for the purpose shall consist of two-thirds 
of the whole number of senators, and a majority of the whole number 
shall be necessary to a choice. 

But no person constitutionally ineligible to the office of president 
shall be eligible to that of vice-president of the United States. 

Abt. XIII. Sect. 1. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have been duly 
convicted, shall exist within the United States, or any place subject to 
their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by ap- 
propriate legislation. 

Art. XIV. Sect. 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the United 
States and of the state wherein they reside. No state shall make or en- 
force any law which shall abridge the privileges or immunities of citizens 
of the United States; nor shall any state deprive any person of life, 
liberty, or property, without due process of law, nor deny to any person 
within its jurisdiction the equal protection of the laws. 



169 Mass. 
175 Mass. 
179 Mass. 
183 Mass. 

187 Mass. 

188 Mass. 
191 Mass. 
195 Mass. 
197 Mass. 

200 Mass. 

201 Mass. 
203 Mass. 
201 Mass. 

207 Mass. 

208 Mass. 

209 Mass. 
226 Mass. 

228 Mass. 

229 Mass. 

230 Mass. 

231 Mass. 



387. 

71 369. 

131. 

242. 

436. 

363. 

545. 

262. 

178. 279. 

482. 

23. 

556. 

138. 

2.59, 601, 606. 

607. 

607. 

613. 

63 101, 117. 

494. 

131, 370, 503. 

99. 



232 Mass. 

235 Mass. 

236 Mass. 

237 Mass. 

239 Mass. 

240 Mass. 

241 Mass. 

242 Mass. 
244 Mass. 

246 Mass. 

247 Mass. 

249 Mass. 

250 Mass. 

251 Mass. 
253 Mass. 

255 Mass. 

256 Mass. 
2.57 Mass. 

260 Mass. 

261 Mass. 
264 Mass. 



19. 28 88, 309. 

320. 357. 

185, 281. 

42. 422. 

424. 

55. 264. 

406. 

30 78, 95. 

530. 

507. 

46, 334, 496, 500. 

123. 

52, 63, 73, 498. 

6. 

244. 321,478. 

369. 

426 512. 519, 568. 

108. 

335 441. 

12 269. .309, 484. 

318, 337. 



265 Mass. 135, 166. 

266 Mass. IS, 

267 Mass. 145, 240, 607. 

268 Mass. 121. 373. 443, 480. 

269 Mass. 410. 

270 Mass. 7, 69, 318, 511. 

271 Mass. 598, 172. 

272 Mass. 19, 25, 113. 
169 U. S. 649. 

177 U. S. 155. 
197 U. S. 11. 
221 U. S. 660. 
231 U. S. 68. 
246 U. S. 135, 147. 

2 Op. A. G. 3.54, 442.497. 

3 Op. A. G. 276. 

4 Op. A. G. 138, 282, 386, 
422. 557. 

Op. A. G. (1917) 51. 52, 

74, 77. 

Op. A. G. (1920) 74. 



CONSTITUTION OK THE UNITED STATES. 13 

Sect. 2. Representatives shall be apportioned among the several Apportion- 

.... . 1^ . Ill nient of repre- 

states accordniK to their respective nunilKM-s, counting the whole number scntaiives. 
of persons in each state, excluding Indians not taxed. But when the ^"'* " 

right to vote at any election for the choice of electors for president and 
vice-president of the United States, representatives in congress, the 
executive and judicial officers of a state, or the members of the legislature 
thereof, is denied to any of the male iiiiiabitants of such state, being 
twenty-one years of age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion or other crime, the 
basis of representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number of male 
citizens twenty-one years of age in such state. 

Sect. 3. No person shall be a senator, or representati^'e in congress. Certain per- 
or elector of president and vice-president, or hold any office, civil or bemo" Jxciuded 
military, under the United States, or under any state, who, having pre- ing^fficl'?' 
viously taken an oath, as a member of congress, or as an officer of the 
United States, or as a member of any state legislature, or as an executive 
or judicial officer of any state, to support the constitution of the United 
States, shall have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. But congress may, by a Disability may 
vote of two-thirds of each house, remove such disability. ^^ ''™°™'' 

Sect. 4. The validity of the public debt of the United States, au- Debt of united 
thorized by law, including debts incurred for payment of pensions and be"ues'ti'one"d. 
bounties for services in suppressing insurrection or rebellion, shall not be 
questioned. 

But neither the United States nor any state shall assume or pay any Debts incurred 
debt or obligation incurred in aid of insurrection or rebellion against the i,"on't'o°be"o1d. 
United States, or any claim for the loss or emancipation of any slave; *'"■ 
but all such debts, obligations and claims shall be held illegal and void. 

Sect. 5. The congress shall have power to enforce, by appropriate Appropriate 
legislation, the provisions of this article. legislation. 

Art. XV. Sect. 1. The right of citizens of the United States to Right to vote 
vote shall not be denied or abridged by the United States, or by any Xidge'd on 
state, on account of race, color, or previous condition of servitude. gtp°"°* "' '■'"^^' 

159 Mass. 413. 236 Mass. 2S1. 265 Mass. 166. 

Sect. 2. The congress shall have power to enforce this article by Appropriate 
appropriate legislation. legislation. 

Art. XVL The congress shall have power to lay and collect taxes Taxation ot 
on incomes, from whatever source derived, without apportionment STKs. 495. 
among the several states, and without regard to any census or enumera- I op"^ 'r g^^^' 
tion. 267. 

Art. XVII. The senate of the United States shall be composed of fnj''b°'^wh "'^ 
two senators from each state, elected by the people thereof, for six chosen. 
years; and each senator shall have one vote. The electors in each '^^' 

state shall have the qualifications requisite for electors of the most 
numerous branch of the state legislatures. 

When vacancies happen in the representation of any state in the sen- Election to en 
ate, the executive authority of such state shall issue writs of election to 
fill such vacancies: provided, that the legislature of any state may em- 
power the executive thereof to make temporary appointments until the Temporary 
people fill the vacancies by election as the legislature may direct. appointments. 

This amendment shall not be so construed as to affect the election or Amendment 
term of any senator chosen before it becomes valid as part of the con- °°' ■■«^f°»''"^«- 
stitution. 



vacancies. 



14 



CONSTITUTION OF THE UNITED STATES. 



Intoxicating 
liquors for 
beverage pur- 
poses pro- 
hibited. 
236 Mass. 2S1, 
448. 

238 Mass. 218. 
241 Mass. 
168, 199. 



Appropriate 
legislation. 
236 Mass. 281. 

Time for 
ratification. 



Right to vote 
not to be 
abridged on 
account of sex. 
237 Mass. 589. 



Appropriate 
legislation. 



Art. XVIII. Sect. 1. After one year from the ratification of this 
article the manufacture, sale, or transportation of intoxicating liquors 
within, the importation thereof into, or the exportation thereof from 
the United States and all territory subject to the jurisdiction thereof 
for beverage purposes is hereby prohibited. 



251 Mass. 569. 

252 Mass. 126. 



258 Mass. 410. 
262 Mass. 603. 



270 Mass. 61. 

Op. A. G. (1920) 104. 



Sect. 2. The congress and several states shall have concurrent 
power to enforce this article by appropriate legislation. 

Sect. 3. This article shall be inoperative unless it shall have been 
ratified as an amendment to the constitution by the legislatures of the 
several states, as provided in the constitution, within seven years from 
the date of the submission hereof to the states by the congress. 

Art. XIX. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any state on 
account of sex. 

240 Mass. 601. 611. 241 Mass. 168. 

Congress shall have power to enforce this article by appropriate 
legislation. 



[Note. The constitution was adopted September 17, 1787, by the unanimous consent 
of the states present in the convention appointed in pursuance of the resolution of the 
congress of the confederation of February 21, 17S7, and was ratified by the conventions 
of the several states, as follows, \'iz.: By convention of Velau-are, December 7, 1787; 
Pennsylvania, December 12, 1787; New Jersey, December IS, 1787; Georgia, January 2, 
1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 
28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, 
June 26, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode 
Island, May 29, 1790. 

Tlie first ten of the amendments were proposed at the first session of the first congress 
of the United States, September 25, 1789, and were finally ratified by the constitutional 
number of states on December 15, 1791. The eleventh .amendment was proposed at the 
first session of the third congress, March 5, 1794, and was declared in a message from 
the President of the United States to both houses of congress, dated January 8, 1798, 
to have been adopted by the constitutional number of states. The twelfth amendment 
was proposed at the first session of the eighth congress, December 12, 1803, and was 
adopted by the constitutional number of states in 1804, according to a public notice 
thereof by the secretary of state, dated September 25 of the same year. 

The thirteenth amendment was proposed to the legislatures of the several states by 
the thirty-eighth congress on February 1, 1865, and was declared, in a proclamation 
of the secretary of state, dated December 18, 1865, to have been ratified by the legisla- 
tures of three-fourths of the states. 



The fourteenth amendment was proposed to the legislatures of the several states by 
the thirty-ninth congress, on June 16, 1866. 

On July 20, 1868, the secretary of state of the United States issued his certificate. 
Betting out that it appeared by official documents on file in the department of state that 
said amendment had been ratified by the legislatures of the states of Connecticut, New 
Hampshire, Tennessee, Neiv Jersey, Oregon, Vermont, New York, Ohio, Hlinois, West Vir- 
ginia, Kansas, Maine, Nevada, Missouri, hidiana, Minnesota, Rhode Islarul, Wisconsin, 
Pennsylvania, Michigan, Massachusetts, Nebraska and Iowa, and by newly established 
bodies avowing themselves to be and acting as the legislatures of the states of Arkansas, 
Florida, North Carolina, Louisiana, South Carolina and Alahama; that the legislatures 
of Ohio and New Jersey had since passed resolutions withdrawing the consent of those 
states to said amendment; that the whole number of states in tlie United States was 
thirty-seven, that the twenty-three states first above named and the six states next 
above named together, constituted three-fourths of the whole number of states, and 
certifying tliat if the resolutions of Ohio and New Jersey, ratifying said amendment were 



CONSTITUTION OF THE UNITED STATES. 15 

still in force, notwithstanding their subsequent resolutions, then said amendment had 
been ratified and so become valid as part of the constitution. 

On July 21, 1868, conpress passed a resolution reciting that the amendment had been 
ratified by Connecticut, Tennessee, New Jersey, Oregon, Vermont, West Virginia, Kansas, 
Missouri, Indiana, Ohio, Illinois, Minnesota, New Y'ork, Wisconsin, Pennsylvania, Rhode 
Island, Michigan, Nevada, New Hampshire, Massachusetts, Nebraska, Maine, laiva, 
Arkansas, Florida, North Carolina, Alabama, South Carolina and Louisiana, being three- 
fourths of the several states of the Union, and declaring said fourteenth article to be 
a part of the constitution of the United States and making it the duty of the secretary 
of state to duly promulgate it as such. 

On July 2S, I86S, the secretary of state issued his certificate, reciting the above reso- 
lution, and stating that official notice had been received at the department of state that 
action had been taken by the legislatures of the states in relation to said amendments, 
as follows: "It was ratified in A.D. 1866. by Connecticut, June 30; New Hampshire, 
July 7; Tennessee, July 19; Oregon, September 19; Vermont, November 9. In A.D. 
1867, by Neiv York, January 10; Illinois, January 15; West Virginia, January 16; 
Kansas, January 18; Maine, January 19; Nevada, January 22; Missouri, January 26; 
Indiana, January 29; Minnesota, February 1; Rhode Island, February 7; Wisconsin, 
February 13; Pennsylvania, February 13; Michigan, February 15; Massachusetts, 
March 20; Nebraska, June 15. In A.D. 1868, by Iowa, April 3; Arkansas, April 6; 
Florida, June 9: Louisiana, July 9; and Alabama, July 13. 

"It was first ratified and the ratification subsequently withdrawn by New Jersey, 
ratified September 11, 1866, withdrawn April, 1868; Ohio, ratified January 11, 1867, 
and withdrawn January, 1868. 

"It was first rejected and then ratified by Georgia, rejected November 13, 1866, ratified 
July 21, 1868; North Carolina, rejected December 4, 1866, ratified July 4, 1868; South 
Carolina, rejected December 20, 1866, and ratified July 9, 1868. 

"It was rejected by Texas, November 1, 1866; Virginia, January 9, 1867; Kentucky, 
January 10, 1867; Delaware, February 7, 1867; and Maryland, March 23. 1867." 

And on said July 28, 1868, and in execution of the act proposing the amendment and 
of the concurrent resolution of congress above mentioned and in pursuance thereof, the 
secretarj' of state directed that said amendment to the constitution be published in the 
newspapers authorized to promulgate the laws of the United States, and certified that 
it had been adopted in the manner above specified by the states named in said resolu- 
tion, and that it "has become valid to all intents and purposes as a part of the consti- 
tution of the United States." 

Subsequently it was ratified by Virginia, October 8, 1869, by Georgia, again February 
2, 1870, and by Texas, February 18, 1870. 

The fifteenth amendment was proposed to the legislatures of the several states by 
the fortieth congress on February 27, 1869, and was declared, in a proclamation of the 
secretary of state, dated March 30, 1870, to have been ratified by the constitutional 
number of states and to have "become valid to all intents and purposes as part of the 
constitution of the United States." 

The sixteenth amendment was proposed to the legislatures of the several states by 
the sixty-first congress, at its first session, in 1909. On February 25, 1913, the secretary 
of state made proclamation to the effect that, from official documents on file in the 
department, it appeared that the amendment had been ratified by the legislatures of 
the states of Alaba?na, Kentucky. South Carolina, Illinois, Mississippi, Oklahoma, Mary- 
land, Georgia, Texas, Ohio, Idaho, Oregon, Washington, California, Montana, Indiana, 
Nevada, North Carolina, Nebraska, Kansas, Colorado, North Dakota, Michigan, Iowa, 
Missojiri, Maine, Tennessee, Arkansas, Wisconsin, New York, South Dakota, Arizona, 
Minnesota, Louisiana, Delaware and Wyoming, in all thirty-six; and, further, that the 
states whose legislatures had so ratified the said proposed amendment constituted three- 
fourths of the whole number of states in the United States; and, further, that it appeared 
from official documents on file in the department that the legislatures of A'ew Jersey and 
New Mexico had passed resolutions ratifying the said proposed amendment. He further 
certified that the amendment had "become valid to all intents and purposes as a part of 
the constitution of the United States." 

The seventeenth amendment was proposed to the legislatures of the several states 
by the sixty-second congress, at its second session, in 1912. On May 31, 1913, the secre- 
tary of state made proclamation to the effect that, from official documents on file in 
the department, it appeared that the amendment had been ratified by the legislatures 
of the states of Massachusetts, Arizona, Minnesota, New York, Kansas, Oregon, North 



16 CONSTITUTION OF THE UNITED STATES. 

Carolina, California, Michigan, Idaho, West Virginia, Nebraska, Iowa, Montana, Texas, 
Washington, Wyoming, Colorado, Illinois, North Dakota, Nevada, Vermont, Maine, New 
Hampshire, Oklahoma, Ohio, South Dakota, Indiana, Missouri, New Mexico, New Jersey, 
Tennessee, Arkansas, Connecticut, Pennsylvania and Wisconsin; and, further, that the 
states whose legislatures had so ratified the said proposed amendment constituted three- 
fourths of the whole number of states in the United States. He further certified that 
the amendment had "become valid to all intents and purposes as a part of the constitu- 
tion of the United States." 

The eighteenth amendment was proposed to the legislatures of the several states by 
the sixty-fifth congress, at its second session, in 1917. On January 29, 1919, the acting 
secretary of state made proclamation to the effect that, from official documents on file 
in the department, it appeared that the amendment had been ratified by the legislatures 
of the states of Alabama, Arizojia, California, Colorado, Delaware, Florida, Georgia, 
Idaho, Illinois, Indiana, Kansas, Kentucky, Loxiisiana, Maine, Maryland, Massachu- 
setts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, North 
Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, South Carolina, Texas, 
Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming: and, further, that 
the states whose legislatures had so ratified the said proposed amendment constituted 
three-fourths of the whole number of states in the United States. He further certified 
that the amendment had "become valid to all intents and purposes as a part of the 
constitution of the United States." 

The nineteenth amendment was proposed to the legislatures of the several states 
by the sixty-sixth congress, at its first session, in 1919. On August 26, 1920, the secretary 
of state made proclamation that, from official documents on file in the department, it 
appeared that the amendment had been ratified by the legislatures of the states of Ari- 
zona, Arkansas, California, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, 
New Hampshire, New Jersey, New Mexico, North Dakota, New York, Ohio, Oklahoma, 
Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Washington, 
West Virginia, Wisconsin and Wyoming; and, further, that the states whose legislatures 
had so ratified the said proposed amendment constituted thr^e-fourths of the whole 
number of states in the United States. He further certified that the amendment had 
"become vaUd to all intents and purposes as a part of the constitution of the United 
States."] 



CONSTITUTION 



FORM OF GOVERNMENT 



Commontucaltl) of Jlasissacijusictts!. 



PREAMBLE. 

Objects of government. — Body politic, 
how formed. — Its nature. 



PART THE FIRST. 

Declaration of Rights. 

Article 

1. Equality and natural rights of all men. 

2. Right and duty of public religious wor- 

ship. — Protection therein. 

3. Legislature empowered to compel pro- 

vision for public worship. — Legis- 
lature to enjoin attendance. — Ex- 
clusive right of electing religious 
teachers secured. — Option as to 
whom parochial taxes may be paid, 
unless, etc. — AH denominations 
equally protected. — No subordina- 
tion of one sect to another. 

4. Right of self-government secured. 

5. Accountability of all officers, etc. 

6. Services rendered to the public being 

the only title to peculiar privileges, 
hereditary offices are absurd and un- 
natural. 

7. Objects of government; right of people 

to institute and change it. 

8. Right of people to secure rotation in 

office. 

9. All having the qualifications prescribed 

equally eligible to office. 
10. Right of protection and duty of 
contribution correlative. — All laws 
founded on consent. — Private prop- 
erty not to be taken for public uses 
without, etc. 



Article 

11. Remedies, by recourse to the law, to be 

free, complete and prompt. 

12. Prosecutions regulated. — Right to 

trial by jury in criminal cases, ex- 
cept, etc. 

13. Crimes to be proved in the vicinity. 

14. Right of search and seizure regulated. 

15. Right to trial by jury sacred, except, 

etc. 

16. Liberty of the press. 

17. Right to keep and bear arms. — St.ind- 

ing armies dangerous. — Military 
power subordinate to civil. 

Moral qualifications for office. — Moral 
obligations of lawgivers and magis- 
trates. 

Right of people to as.semble peaceably, 
to instruct representatives and to 
petition legislature. 

Power to suspend the laws or their ex- 
ecution. 
21. Freedom of debate, etc., and reason 
therefor. 

Frequent sessions, and objects thereof. 

No tax without consent. 

Ex post facto laws prohibited. 

Legislature not to convict of treason, 
etc. 
26. Excessive bail or fines, and cruel pun- 
ishments, prohibited. 

No soldier to be quartered in any house, 
unless, etc. 

Citizens exempt from law-martial, un- 
less, etc. 

Judges of supreme judicial court. — 
Tenure of tlieir office. — Salaries. 
30. Separation of legislative, executive and 
judicial departments. 



18. 



19. 



20 



22. 
23. 
24. 
25. 



27. 



28 



29 



17 



18 



CONSTITUTION OF MASSACHUSETTS. 



TART THE SECOND. 
The Frame of Government. 
Title of body politic. 

CHAPTER I. 

THE LEGISL.\TIVE POWER. 

Section 1. 

The General Court. 

Article 

1. Legislative department. 

2. Governor's veto. — Bill may be passed 

by two thirds of each house, notwith- 
standing. — Bill or resolve not re- 
turned within five days to be law. 

3. General court may constitute judica- 

tories, courts of record, etc. — Courts, 
etc., may administer oaths. 

4. General court may enact laws, etc., 

not repugnant to the constitution; 
may provide for the election or ap- 
pointment of officers, prescribe their 
duties, etc. — May impose taxes, 
etc., to be disposed of for defence, 
etc. — Valuation of estates once in 
ten years, at least, while, etc. 

Section 2. 
Senate. 
Article 

1. Senate, number and by whom elected. 

— Counties to be districts, until, etc. 

2. Manner and time of choosing senators 

and councillors. — Word "inhabit- 
ant" defined. — Selectmen to pre- 
side at town meetings. — Return of 
votes. — Inhabitants of unincor- 
porated plantations who pay state 
taxes may vote. — Plantation meet- 
ings. — Assessors to notify, etc. 

3. Governor and council to examine and 

count votes, and issue summonses. 

4. Senate to be final judge of elections, 

etc., of its own members. — Va- 
cancies, how filled. 

5. Qualifications of a senator. 

6. Senate not to adjourn more than two 

days. 

7. Shall choose officers and establish rules. 

8. Shall try all impeachments. — Oath. — 

Limitation of sentence. 

9. Quorum. 

Section 3. 
House of Representatives. 

Article 

1. Representation of the people. 

2. Representatives, by whom chosen. — 

Proviso as to towns having less than 
150 ratable polls. — Towns liable to 
fine in case, etc. — Expenses of trav- 
elling to and from the general court, 
how paid. 



Article 

3. Qualifications of a representative. 

4. Qualifications of a voter. 

5. Representatives, when chosen. 

6. House alone can impeach. 

7. House to originate all money bills. 

8. Not to adjourn more than two days. 

9. Quorum. 

10. To judge of returns, etc., of its own 
members; to choose its officers and 
establish its rules, etc. — May pun- 
ish for certain offences. — Privileges 
of members. 

11. Senate and governor and council may 
punish. — General limitation, — Tri.il 
may be by committee, or otherwise. 



CHAPTER II. 

EXECUTIVE POWER. 
Section 1. 
Governor. 
Article 

1. Governor. — His title. 

2. To be chosen annually. — Qualifica- 

tions. 

3. To be chosen by the people, by a ma- 

jority of votes. — How chosen, when 
no person has a majority. 

4. Power of governor and of governor and 

council. 

5. May adjourn or prorogue general court 

upon request, and convene the same. 

6. Governor and council may adjourn 

general court in cases, etc., but not 
exceeding ninety days. 

7. Governor to be commander in chief. — 

Limitation. 

8. Governor and council may pardon of- 

fences, except, etc. — But not before 
conviction. 

9. Judicial officers, etc., how nominated 

and appointed. 

10. Militia officers, how elected. — How 

commissioned. — Election of officers. 
— Major-generals, how appointed 
and commissioned. — Vacancies, how 
filled, in case, etc. — Officers duly 
commissioned, how removed. — Ad- 
jutants, etc., how appointed. — 
Army officers, how appointed. — Or- 
ganization of militia. 

11. Money, how drawn from the treasury, 

except, etc. 

12. All public boards, etc., to make quar- 

terly returns. 

13. Salary of governor. — Salaries of jus- 

tices of supreme judicial court. — 
Salaries to be enlarged if insufficient. 

Section 2. 
Lieutenant Governor. 
Article 
1. Lieutenant governor; his title and qual- 
ifications. — How chosen. 



CONSTITUTION OF MASSACHUSETTS. 



19 



Article 

2. President of counoil. — Lieutenant 

governor a member, except, etc. 

3. Lieutenant governor to be acting gov- 

ernor, in case, etc. 

Section 3. 

Council, and the Manner of settlinn Elec- 
tions by the Legislature. 
Article 

1. Council. 

2. Number; from whom and how chosen. 

• — If senators become councillors, 
their seats to be vacated. 

3. Rank of councillors. 

4. No district to have more than two. 

5. Register of council. 

6. Council to exercise power of governor 

in case, etc. 

7. Elections may be adjourned until, etc. 

— Order thereof. 

Section 4. 
Secretary, Treasurer, Commissary, etc. 
Article 

1. Secretary, etc., by whom and how 

chosen. — Treasurer ineligible for 
more than five successive years. 

2. Secretary to keep records; to attend the 

governor and council, etc. 

CHAPTER III. 

JUDICIARY POWER. 
Article 
1. Tenure of all commissioned officers to 
be expressed. — Judicial officers to 
hold office during good behavior, ex- 
cept, etc. — But may be removed on 
address. 
2 Justices of supreme judicial court to 
give opinions when required. 

3. Justices of the peace; tenure of their 

office. 

4. Provisions for holding probate courts. 

5. Marriage, divorce, etc., until other pro- 

\'ision made by law. 

CHAPTER IV. 
DELEGATES TO CONGRESS. 
Election, etc. 

CHAPTER V. 

THE UNIVERSITY AT CAMBRIDGE, AND 
ENCOURAGEMENT OF LITERATURE, 
ETC. 

Section 1. 

The University. 
Article 
1. Harvard College. — Powers, pri\Tleges, 
etc., of the president and fellows con- 
firmed. 



Article 

2. All gifts, grants, etc., confirmed. 

3. Who shall be overseers. — Power of al- 

teration reserved to the legislature. 

Section 2. 
The Encouragement of Literature, etc. 
Duty of legislatures and magistrates in all 
future periods. 



CHAPTER VI. 

OATHS AND SUBSCRIPTIONS; INCOM- 
PATIBILITY OF AND E.XCLUSION 
FROM OFFICES; PECUNIARY QUALI- 
FICATIONS; COMMISSIONS; WRITS; 
CONFIRMATION OF LAWS; HABEAS 
CORPUS; THE ENACTING STYLE; 
CONTINUANCE OF OFFICERS; PRO- 
VISION FOR A FUTURE REVISAL OF 
THE CONSTITUTION, ETC. 

Article 

1. Oaths of office, etc. — Declaration and 

oaths of all officers. — Oath of office. 
— Quakers may affirm. — Oaths and 
affirmations, ho-w administered. 

2. Plurality of offices prohibited to gov- 

ernor, etc., except, etc. — Incom- 
patible offices. — Bribery, etc., dis- 
qualify. 

3. Value of money ascertained. — Prop- 

erty qualifications may be increased. 

4. Provisions respecting commissions. 

5. Provisions respecting writs. 

6. Continuation of former laws, except, 

etc. 

7. Benefit of habeas corpus secured, ex- 

cept, etc. 

8. The enacting style. 

9. Officers of former government con- 

tinued until, etc. 

10. Provision for revising constitution. 

11. Provision for preserving and publish- 

ing this constitution. 



AMENDMENTS. 
Article 

1. Bill, etc., not approved within five days, 

not to become a law, if legislature 
.adjourn in the meantime. 

2. General court empowered to charter 

cities and to establish limited town 
meeting form of government in 
towns containing twelve thousand 
or more inhabitants. — Proviso. 

3. Qualifications of voters for governor, 

lieutenant governor, senators and 
representatives. 

4. Notaries public, how appointed and re- 

moved. — Vacancies in the offices of 
secretary and treasurer, how filled. 
— Commissary-general may be ap- 
pointed, in case, etc. — • Militia offi- 
cers, how removed. 



20 



CONSTITUTION OF MASSACHUSETTS. 



Article 

5. Who may vote for captains and subal- 

terns. 

6. Oath to be taken by all officers. — 

Quakers may affirm. 

7. Tests abolished. 

8. Incompatibility of offices. 

9. Amendments to constitution, how 

made. 

10. Commencement of political year. — 

Termination of political year. — 
Governor, etc., term of office. — 
Meetings for choice of governor, 
lieutenant governor, etc., when to 
be held. — Article, when to go into 
operation. — Inconsistent provisions 
annulled. 

11. Religious freedom established. 

12. Census of ratable polls to be taken in 

1S37, and decennially thereafter. — 
Representatives, how apportioned. 
— ■ Towns having less than 300 rata- 
ble polls, how represented. — Frac- 
tions, how represented. — Towns 
may unite into representative dis- 
tricts. — The governor and council 
to determine the number of repre- 
sentatives to which each town is en- 
titled. — New apportionment to be 
made once in every ten years. — In- 
consistent provisions annulled. 

13. Census. — Senatorial districts declared 

permanent. — House of representa- 
tives, how apportioned. — Small 
towns, how represented. — Towns 
may unite into representative dis- 
tricts. — Basis of representation and 
ratio of increase. — The governor 
and council to apportion the number 
of representatives of each town once 
in every ten years. — Councillors to 
be chosen from the people at large. 

— Qualifications of councillors. — 
Property qualifications for seat in 
general court or council abolished. 

14. Election by people to be by plurality. 

15. Time of annual election of governor, 

lieutenant-governor and members of 
the legislature. 

16. Eight councillors to be chosen by the 

people. — Legislature to district 
state. — Proviso. — Eligibility de- 
fined. — Day and manner of elec- 
tion, etc. — Vacancies, how filled. — ■ 
Organization of government. 

17. Election of secretary, treasurer, auditor 

and attorney-general by the people. 

— Vacancies, how filled. — - To qual- 
ify within ten days, otherwise office 
to be deemed vacant. — Qualifica- 
tions. 

18. School money not to be applied for sec- 

tarian schools. 



Article 

19. Legislature to prescribe for election of 

sheriffs, registers of probate, etc. 

20. Reading constitution in English and 

writing, necessary qualifications of 
voters. — Proviso. 

21. Census of voters and inhabitants. — 

House of representatives to consist 
of 240 members. — Legislature to 
■ apportion, etc. — ■ Secretary shall cer- 
tify to officers authorized to divide 
counties. — Divnsion of counties. — 
Qualifications of representatives. — 
Districts to be numbered, described 
and certified. — Quorum. 

22. Census, etc. — Voters to be basis of 

apportionment of senators. — Senate 
to consist of 40 members. — Sena- 
torial districts, etc. — Qualifications 
of senators. — Quorum. 

23. Residence of two years required of nat- 

uralized citizens to entitle to suffrage 
or make eligible to office. 

24. Vacancies in senate. 

25. Vacancies in council. 

26. Amendments, Art. XXIII, relative to 

length of residence required of nat- 
uralized citizens to entitle to suf- 
frage or make eligible to office, an- 
nulled. 

27. Officers of Harvard College may be 

elected members of the general 
court. 

28. Persons having served in the U. S. 

army or na\-y, etc., not to be disqual- 
ified from voting, etc. 

29. Voting precincts in towns. 

30. Voters not disqualified by reason of 

change of residence until six months 
from time of removal. 

31. Amendments, Art. XXVIII, amended. 

— Person who served in army or 
navy, etc., not disqualified from vot^ 
ing for having received aid or for 
non-payment of poll tax, etc. 

32. Provisions of Amendments, Art. Ill, 

relative to payment of a tax as a vot- 
ing qualification, annulled. 

33. Quorum, in each branch of general 

court, to consist of majority of mem- 
bers. 

34. Provisions of Const., Chap. II, Sect. I, 

Art. II, relative to property qualifi- 
cation of governor, annulled. 

35. Provisions of Const., Chap. I, Sect. Ill, 

Art. II, relative to expense of travel- 
ling to the general assembly by mem- 
bers of the house, annulled. 

36. Provisions of Amendments, Art. XIX, 

relative to providing for election of 
commissioners of insolvency, an- 
nulled. 

37. Removal of justices of the peace and 

notaries public. 



CONSTITUTION OF MASSACHUSETTS. 



21 



39. 



40. 

41. 
42. 
43. 



44. 



45. 



46. 



Article 

38. Voting machines may be used at elec- 
tions. 

Powers of legislature relative to excess 
takings of land, etc., for laying out, 
widening or relocating highways, 
etc. — Proviso. 

Amendments, Art. Ill, relative to qual- 
ifications of voters, amended. 

Taxation of wild or forest lands. 

Referendum. 

Powers of general court relative to the 
taking of land, etc., to relieve con- 
gestion of population and to provide 
homes for citizens. 

General court may provide for taxing 
incomes. 

General court may provide for absentee 
voting. 

Sect. 1. Religious freedom. 

Sect. 2. Public money not to be ex- 
pended to aid institutions not wholly 
under public ownership and control, 
etc. — Exceptions. 

Sect. 3. Care or support in private 
hospitals, etc., of persons who are 
public charges. 

Sect. 4. Inmates of certain institu- 
tions not to be deprived of religious 
exercises of their faith; nor com- 
pelled to attend services, etc. 

Sect. 5. Time of taking effect. 
47. General court may provide for distri- 
bution of food, etc., in time of war, 
etc., by the commonwealth, cities 
and towns. 

Initiative and Referendum. 

/. Definition. 

The Initiative. 

II. Initiative Petitions. 
Sect. 1. Contents of initiative peti- 
tion. 

Sect. 2. Certain matters shall not be 
proposed by initiative petition. • — 
Duty of general court to carry out 
law approved by the people. — Cer- 
tain individual rights not to be sub- 
ject of initiative or referendum pe- 
tition. — Further excluded matters. 
■ — Certain legislative limitations ex- 
tended. 

Sect. 3. Mode of originating, etc. — 
Secretary of the commonwealth to 
furnish blank forms, etc. — Time of 
filing petitions. 

Sect. 4. Transmission of proposed 
measure to the general court. 

III. Legislative Action. General Pro- 
visions. 

Sect. 1. Reference to legislative com- 
mittee and report thereon. 

Sect. 2. Legislative substitute for in- 
itiative measure. 



48. 



Article 

IV. Legislative Action on Proposed 
Constitutional Amendments. 

Sect. 1. Definition of initiative 
amendment and legislative substi- 
tute. 

Sect. 2. Joint session to consider 
amendment to the constitution. — 
When governor shall call joint ses- 
sion. 

Sect. 3. Proposed amendment to the 
constitution, form in which to be 
voted upon. 

Sect. 4. Final legislative action to be 
taken by yeas and nays. — Refer- 
ence to next general court. 

Sect. 5. Submission of amendment 
to the people. — When amendment 
becomes part of the constitution. 

V. Legislative Action on Proposed 
Laws. 

Sect. 1. Legislative procedure on 
law proposed by initiative petition, 
etc. — When measure becomes law 
and takes effect. 

Sect. 2. Amendment of proposed law 
by petitioners and submission of 
measure to people by secretary of 
the commonwealth. 

VI. Conflicting and Alternative Meos- 
ures. 

Conflicting and alternative measures, 
which shall govern when approved 
by the people, etc. — General court 
may provide for grouping, etc., upon 
the ballot. — Proviso. — Largest af- 
firmative vote to prevail. 

The Referendum. 

/. When Statutes shall take Effect. 

II. Emergency Measures. 

Emergency law to contain preamble. — 
How governor may cause certain 
laws to take effect forthwith. — Ex- 
ception. 

///. Referendum Petitions. 

Sect. 1. Contents of referendum pe- 
tition. 

Sect. 2. Certain matters shall not be 
the subject of a referendum petition. 

Sect. 3. Mode of petitioning for sus- 
pension of a law and a referendum 
thereon. — Duties of the secretary 
of the commonwealth, etc. — Votes 
necessary for approval, etc. 

Sect. 4. Petition for referendum on 
an emergency law or a law the sus- 
pension of which is not asked for. — 
Duties of the secretary of the com- 
monwealth, etc. — Votes necessary 
for approval, etc. 

General Provisions. 

/. Identijication and Certification of 
Signatures. 

II. Limitation on Signatures. 



22 



CONSTITUTION OF MASSACHUSETTS. 



Article 

III. Form of Ballot. 

IV. Information for Voters. 

V. The Veto Power of the Governor. 

VI. The General Court's Power of Re- 
peal. 

VII. Amendment declared to be Self- 
executing- 

VIII. Articles IX and XLII of 
Amendments of the Constitution an- 
nulled. 

49. Conservation, etc., of natural resources 

of commonwealth. 

50. Regulation by law of advertising on 

public ways, etc. 

51. General court may provide for taking 

ancient landmarks, etc. 

52. General court may take a recess. 

63. Chap. II, Sect. I, Art. X, the last two 

paragraphs of Amendments, Art. IV 
and Amendments, Art. V, annulled 
and superseded. — Military and na- 
val officers, how appointed and re- 
moved, etc. 

64. Chap. II. Sect. I, Art. VII, annulled 

and superseded. — Military and na- 
val forces, recruitment, etc. 

55. Chap. II, Sect. Ill, Art. VI, annulled 

and superseded. — Order of succes- 
sion in case of vacancy in offices of 
governor and lieutenant-governor. 

56. Return by governor to general court of 

bill or resolve for amendment, etc. 

57. Amendments, Art. IV, amended. — 

Women may be appointed notaries 
public, etc. 

58. Chap. Ill, Art. I, amended. — Judicial 

officers, retirement, etc. 

59. Every charter, etc., subject to revoca- 

tion, etc. 

60. Building zones in cities and towns. 

61. Compulsory voting at elections. 

62. Sect. 1. Commonwealth's credit not 

to be given to private enterprises. 
Sect. 2. Commonwealth may borrow 

money for certain purposes. 
Sect. 3. Two-thirds yea and nay vote 

of general court required to borrow 

money for any other purpose. 
Sect. 4. Expenditure of borrowed 

money limited. 

63. Sect. 1. Collection of revenue. 
Sect. 2. The budget, contents, etc. — 

General court to prescribe form, etc. 
— Governor may require informa- 
tion. 

Sect. 3. The general appropriation 
bill. — Supplementary budgets. 

Sect. 4. Special appropriation bills 
may be enacted, when. 

Sect. 5. Governor may disapprove, 
etc.. items or parts of items in any 
appropriation bill, etc. — Items to 
have force of law, unless, etc. 



Article 

64. Sect. 1. Biennial election of certain 

state officers, councillors, senators 

and representatives; terms of office. 
Sect. 2. Treasurer ineligible for more 

than three successive terms. 
Sect. 3. General court to assemble 

annually. 
Sect. 4. When first election under 

this article sh.all be held, etc. 

65. Members of general court not to be 

appointed to certain offices, nor re- 
ceive compensation on recess com- 
mittees, except, etc. 

66. Organization of not more than twenty 

departments to perform the execu- 
tive and administrative work of the 
commonwealth, except, etc. 

67. Amendments, Art. XLVIII, amended. 

— When yea and nay vote shall be 
taken on emergency preamble. 

68. Amendments, Art. Ill, relative to qual- 

ifications of voters, amended to con- 
form to Art. XIX of Amendments to 
U. S. Constitution. 

69. Sect. 1. Women not disqualified from 

holding public office. 
Sect. 2. Amendments, Art. IV as 
amended by Art. LVII, further 
amended. — Re-registration of fe- 
male notary public when name is 
changed. 

70. Amendments, Art. II, amended. — 

General court may establish limited 
town meeting form of government 
in towns containing more than six 
thousand but less than twelve thou- 
sand inhabitants. — Proviso. 

71. Art. XXI of Amendments to the con- 

stitution annulled and superseded. — 
Census of inhabitants and enumera- 
tion of legal voters, when taken. — 
Special enumeration to specify num- 
ber of legal voters in precincts of cer- 
tain towns. — Basis for determining 
representative districts. — Proviso. 

— House of representatives to con- 
sist of 240 members. — General 
court to apportion, etc. — Secretary 
shall certify to officers authorized to 
divide counties. — County commis- 
sioners or board of special commis- 
sioners provided by law shall divide 
a county into representative dis- 
tricts. — • Changing the time of as- 
sembling for such purpose. — No 
town containing less than twelve 
thousand inhabitants, no precinct of 
any other town and no ward of a 
city shall be divided. — Authorizing 
limitation of actions calling repre- 
sentative districting in question. — 
Qualifications of representatives. — 



CONSTITUTION OF MASSACHUSETTS. 



23 



Article 

Districts to be numbered, described 
and certified. 
Art. XXII of Amendments to the con- 
stitution annulled and superseded. — 
Basis for determining senatorial and 
councillor districts. — Proviso. — 



Article 

Senate to consist of 40 members. — 
General court shall establish dis- 
tricts. — Proviso. — Authorizing lim- 
itation of actions calling senatorial 
districting in question. — Qualifica- 
tions of senators. 



PREAMBLE. 

The end of the institution, maintenance, and administration of °''J*°*^°' 

, . !■ 1 1 1 ,■ • government. 

government, is to secure the existence oi the body politic, to protect 
it, and to furnish the individuals who compose it with the power of 
enjoying in safety and tranquillity their natural rights, and the bless- 
ings of life: and whenever these great objects are not obtained, the 
people have a right to alter the government, and to take measures 
necessary for their safety, prosperity and happiness. 

The body politic is formed by a voluntary association of individuals: Body politic, 
it is a social compact, by which the whole people covenants with each itTni't™!.''' 
citizen, and each citizen with the whole people, that all shall be gov- 
erned by certain laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to provide for an 
equitable mode of making laws, as well as for an impartial interpreta- 
tion, and a faithful execution of them; that every man may, at all 
times, find his security in them. 

We, therefore, the people of Massachusetts, acknowledging, with 
grateful hearts, the goodness of the great Legislator of the universe, 
in affording us, in the course of His providence, an opportunity, delib- 
erately and peaceably, without fraud, violence or surprise, of entering 
into an original, explicit, and solemn compact with each other; and 
of forming a new constitution of civil government, for ourselves and 
posterity; and devoutly imploring His direction in so interesting a 
design, do agree upon, ordain and establish the following Declaration 
of Rights, and Frame of Government, as the Constitution of thk 

CojniONWEALTH OF MASSACHUSETTS. 



PART THE FIRST. 

A Declaration of the Rights of the Inhabitants of the Com- 
monwealth of Massachusetts. 

Article I. All men are born free and equal, and have certain Equality and 
natural, essential, and unalienable rights; among which may be reck- SfSfmcn^'"^ 
oned the right of enjoying and defending their lives and liberties; that Jes MaS; 589! 
of acquiring, possessing, and protecting property ; in fine, that of Hf HlH' |J|- 
seeking and obtaining their safety and happiness. 



200 Mass. 474, 482. 
208 Mass. 607. 
224 Mass. 122. 
231 Mass. 90. 
249 Mass. 477. 



251 Mass. 6. 292, 569. 
2B4 Mass. 460. 

267 Mass. 607. 

268 Mass. 373. 



270 Mass. 7, 69. 

271 Mass. 598. 

4 Op. A. G. 138, 252. 
Op. A. G. (1920) 74. 



II. It is the right as well as the duty of all men in society, publicly. Right and duty 



and at stated seasons to worship the Supreme Being, the great Cre- giou" worship 



24 



CONSTITUTION OF MASSACHUSETTS. 



fherein'"" ^^°'" ^""^ PrescrA'cr of the universe. And no subject shall be hurt, 
14 Mass. 340. molested, or restrained, in his person, liberty, or estate, for worshipping 
2Cush.i04.' God in the manner and season most agreeable to the dictates of his 
214 Ma°'s. 599. own conscieuce ; or for his religious profession or sentiments; provided 
lop'^A.^G.^Ifs. he doth not disturb the public peace, or obstruct others in their 



religious v,'orship. 



See Amendments, Arts. XLVI and XLVIII. 



Legislature 
empowered to 
compel provi- 
sion for public 
worship. 



Amendments, 
Art. XI, substi- 
tuted for this. 



Legislature 
to enjoin 
attendance. 



Exclusive right 
of electing reli- 
gious teachers 
secured. 



Option as to _ 
whom parochial 
taxes may be 
paid, unless, 
etc. 



All denomina- 
tions equally 
protected. 
No subordina- 
tion of one sect 
to another. 

Right of self- 
government 
secured. 
See Art. X of 
Amendments 
to U. S. Const. 



Accountability 
of all officers, 
etc. 



Services ren- 
dered to the 
public being 
the only title to 
peculiar privi- 
leges, heredi- 
tary offices are 



III. [As the happiness of a people, and the good order and pres- 
ervation of civil government, essentially depend upon piety, religion 
and morality; and as these cannot be generally diffused through a 
community, but by the institution of the public worship of God, and 
of public instructions in piety, religion and morality: Therefore, to 
promote their happiness and to secure the good order and preservation 
of their government, the people of this commonwealth have a right 
to invest their legislature with power to authorize and require, and the 
legislature shall, from time to time, authorize and require, the several 
towns, parishes, precincts, and other bodies politic, or religious societies, 
to make suitable provision, at their own expense, for the institution 
of the public worship of God, and for the support and maintenance 
of public Protestant teachers of piety, religion and morality, in all 
cases where such provision shall not be made voluntarily. 

And the people of this commonwealth have also a right to, and do, 
invest their legislature with authority to enjoin upon all the subjects 
an attendance upon the instructions of the public teachers aforesaid, 
at stated times and seasons, if there be any on whose instructions they 
can conscientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, parishes, pre- 
cincts, and other bodies politic, or religious societies, shall, at all times, 
have the exclusive right of electing their public teachers, and of con- 
tracting with them for their support and maintenance. 

And all moneys paid by the subject to the support of public worship, 
and of the public teachers aforesaid, shall, if he require it, be uniformly 
applied to the support of the public teacher or teachers of his own 
religious sect or denomination, provided there be any on whose instruc- 
tions he attends; otherwise it may be paid towards the support of the 
teacher or teachers of the parish or precinct in which the said moneys 
are raised. 

And every denomination of Christians, demeaning themselves peace- 
ably, and as good subjects of the commonwealth, shall be equally under 
the protection of the law: and no subordination of any one sect or 
denomination to another shall ever be established by law.] 

IV. The people of this commonwealth have the sole and exclusive 
right of governing themselves, as a free, sovereign, and independent 
state; and do, and forever hereafter shall, exercise and enjoy every 
power, jurisdiction, and right, which is not, or may not hereafter, be 
by them [expressly] delegated to the United States of America in Congress 
assembled. 

V. All power residing originally in the people, and being derived 
from them, the several magistrates and officers of government, vested 
with authority, whether legislative, executive, or judicial, are their 
substitutes and agents, and are at all times aceouiital)k' to them. 

VI. No man, nor corporation, or association of men, have any other 
title to obtain advantages, or particular and exclusive privileges, dis- 
tinct from those of the community, than what arises from the consid- 
eration of services rendered to the public; anil this title being in nature 



CONSTITXrriON OF MASSACHUSETTS. 25 

neither hereditary, nor transmissible to children, or descendants, or absurd and 
relations by blood, the idea of a man born a magistrate, lawgiver, or 3Piok"^462. 
judge, is absurd and unnatural. 

lec, Mass. 171 226 Mass. 2S6. 269 Mass. 410. 

167 Mass. 2fl0. 23.5 Mass. 320. 270 Mass. 7. 

175 Mass. 599. 255 Mass. 160. 1 Op. A. G. 340. 

VII. Government is instituted for the common good; for the pro- objects of gov- 
tection, safety, prosperity and hap])iness of the people; and not for pf^pfe t"^*" 
the profit, honor, or pri\ate interest of any one man, family, or class chan^'it^"*^ 
of men : Therefore the people alone have an incontestable, unalienable, ^35 Mass. 320. 
and indefeasible right to institute government; and to reform, alter, 269 Mass! 410! 
or totally change the same, when their protection, safety, prosperity iop.a'g.mo. 
and happiness require it. 

VIII. In order to prevent those, who are vested with authority, Right of people 
from becoming oppressors, the people have a right, at such periods and tiorfiToffi^e*' 
in such manner as they shall establish by their frame of government, ^^ ^^''^^' ^^°' 
to cause their public officers to return to private life; and to fill up 

vacant places by certain and regular elections and appointments. 

IX. All elections ought to be free; and all the inhabitants of this ah having the 
commonwealth, having such qualifications as they shall establish by presrfiSjT™ 
their frame of government, have an equal right to elect oflScers, and to offi^e!'''^''''* 
to be elected, for public employments. 122 Mass. 594. 

160 Mass. 586. 228 Mass. 63. 1 Op. A. G. 449. 

200 Mass. 152. 240 Mass. 264, 601, 611. 3 Op. A. G. 497, 507. 

For the definition of "inhabitant" see Part the Second, Ch. I, Sect. II, Art. II. 
For absent voting, see Amendments, Art. XLV. 

Freedom of elections not to be the subject of an initiative or referendum petition. See Amend- 
ments, Art. XLVIII. The Initiative, II, § 2. 

For compulsory voting, see Amendments, Art. LXI. 

For eligibility of women to pubhc office, see Amendments, Art. LXIX, § 1. 

X. Each individual of the society has a right to be protected by Right of protec- 
it in the enjoyment of his life, liberty and property, according to stand- of°contribu"tion 
ing laws. He is obliged, consequently, to contribute his share to the AiiTaws™' 
expense of this protection ; to give his personal service, or an equivalent, l°^'^^f °° 
when necessary: but no part of the property of any individual can, 4Aifen^466 
with justice, be taken from him, or applied to public uses, without ws Mass. 262, 
his own consent, or that of the representative body of the people. In 111 Mass. 125. 
fine, the people of this commonwealth are not controllable by any other lieMass. 433. 
laws than those to which their constitutional representative body have {I5 Mast 175! 
given their consent. And whenever the public exigencies require that ^4^ '^''^^ ^^• 
the property of any individual should be appropriated to public uses, }|^ ^^l- 10|- 
he shall receive a reasonable compensation therefor. 364. 

161 Mass. 302. 240 Mass. 264. 264 Mass. 460. 

174 Mass. 476. 242 Mass. 78, 95. 267 Mass. 607. 

191 Mass. 64.5. 244 Mass. 530. 268 Mass. 121, 373, 480. 

197 Mass. 279. 247 Mass 46. 270 Mass. 7, 348, 593. 

201 Mass. 23. 249 Mass. 477. 271 Mass. 172. 598. 

224 Mass. 122. 250 Mass. 52, 63, 73. 245 U. S. 366. 

230 Mass. 1. 251 Mass. 569. 3 Op. A. G. 160. 

231 Mass. 99. 257 Mass. 108, 153. 4 Op. A. G. 48.1. 

232 Mass. 309. 261 Mass. 523. Op. A. G. (1919) 107. 

233 Mass. 190. 

Private property not to be taken for public uses without, etc. 

7 Pick. 344. 106 Mass. 356. 158 Mass. 509. 

12 Pick. 467. 108 Mass. 202, 208. 169 Mass. 417. 

6 Gush. 327. Ill Mass. 125. ' 173 Mass. 495. 

2 Gray, 1. 113 Mass. 40. 178 Mass. 199. 330, 363. 

7 Gray, 359. 126 Mass. 427, 438. 188 Mass. 348. 
14 Gray, 155. 127 Mass. 50, 358, 408. 194 Mass. 80. 
16 Gray, 417. 129 Mass. 559. 203 Mass. 26. 

I Allen, 150. 136 Ma.ss. 75. 159 U. S. 380. 

II Allen, 530. 137 Mass. 478. 1 Op. A. G. 62, 224, 327. 
12 Allen, 223. 142 Mass. 394. 2 Op. A. G. 72, 283, 423. 
100 Mass. 544. 145 Mass. 509. 3 Op. A. G. 273, 375, 396. 
103 Mass. 120. 152 Mass. 540. 4 Op. A. G. 244, 541. 

F9r certain public uses, see Amendments, Arts. XLIII, XL VII and LI. 

Right to receive compensation for private property appropriated to public use not to be the sub- 
ject of an initiative or referendum petition. See Amendments, Art. XLVIII, The Initiative, II, § 2. 



26 



Remedies, by 
recourse to the 
law. to be free, 
complete and 
prompt. 

224 Mass. 122. 

225 Mass. 217. 

227 Mass. 46. 

228 Mass. 63. 
235 Mass. 357. 
242 Mass. 

78, 95. 

Prosecutions 
regulated. 
8 Pick. 211. 
10 Pick. 9. 
18 Pick. 434. 
21 Pick. 542. 
2 Met. 329. 
12Cush. 246. 

1 Gray, 1. 

5 Gray, 144. 
8 Gray. 329. 

10 Gray, 11. 

11 Gray, 438. 

2 Allen, 361. 

11 .\llen, 2.38, 
264. 439, 473. 

12 Allen, 155. 
97 Mass. 570. 



CON.STITUTION OF MASSACHUSETT.S. 

XI. Every subject of the comniomvealtli ought to find a certain 
remedy, by having recourse to the laws, for all injuries or wrongs which 
he may receive in his person, property, or character. He ought to 
obtain right and justice freely, and without being obliged to purchase 
it; completely, and without any denial; promptly, and without delay; 
conformably to the laws. 

247 Mass. 496. 251 Mass. 569. 

XII. No subject shall be held to answer for any crimes or offence, 
until the same is fully and plainly, substantially and formally, described 
to him; or be compelled to accuse, or furnish evidence against himself. 
And every subject shall have a right to produce all proofs, that may 
be favorable to him; to meet the witnesses against him face to face, 
and to be fullv heard in his defence by himself, or his counsel, at his 
election. And no subject shall be arrested, imprisoned, despoiled, or 
deprived of his property, immunities, or privileges, put out of the 
protection of the law, exiled, or deprived of his life, liberty, or estate, 
but by the judgment of his peers, or the law of the land. 

__ -. ,.,.^ «» nnn ..no OAT AToco P.nn 



100 Mass 

107 Mass. 

108 Mass. 
118 Mass. 
120 Mass. 
122 Mass. 
124 Mass. 
127 Mass. 
129 Mass. 

132 Mass. 

133 Mass. 
141 Mass. 

149 Mass. 

150 Mass. 
158 Mass. 

162 Mass. 

163 Mass. 

169 Mass, 

170 Mass 
172 Mass 



287. 

172. 

5. 

443. 

118. 

330. 

464. 

550. 

489. 559. 

12. 

503. 578. 

203. 

550. 

66. 334. 

598. 

90. 

411. 

387. 

328. 

311. 



173 Mass. 
175 Mass. 
179 Mass. 
184 Mass. 
189 Mass. 
201 Mass. 
207 Mass. 
218 Mass. 

231 Mass. 

232 Mass. 

233 Mass. 

235 Mass. 

236 Mass. 

237 Mass. 

240 Mass. 

241 Mass. 

242 Mass. 

245 Mass. 

246 Mass. 



322. 498. 

71. 

131. 

198. 

12. 

23. 

240, 259. 

507. 

99. 

88. 309. 

190. 

3.57. 

310, 516. 

422, 591. 

264. 

406. 

78, 95. 

405. 

12, 507. 



247 Mass 

248 Mass. 

249 Mass. 
252 Mass. 

254 Mass. 

255 Mass. 

257 Mass. 

258 Mass. 

259 Mass. 
261 Mass. 

264 Mass. 

265 Mass. 

267 Mass. 

268 Mass. 
209 Mass. 

270 Mass. 

271 Mass. 

272 Mass. 
3 Op. A. G 



500. 

1. 

235, 477. 

126. 

190. 

9. 369. 

172. 

98. 

453. 

484. 

460. 

358. 

607. 

373. 443. 

598. 

69. 

172. 598. 

25. 

.396. 



Right to trial 
by jury in 
criminal cases, 
except, etc. 
8 Gray, 
329, 373. 



n ^ iviasB. oil. 

Right of access to and protection in courts of justice not to be the subject of an initiative or ref- 
erendum petition. See Amendments, An. XLVIII, The Initiative, 11, § 2. 

And the legislature shall not make any law, that shall subject any 
person to a capital or infamous punishment, excepting for the govern- 
ment of the armv and navy, without trial by jury. 

Op. A. a (1920) 95. 



103 Mass. 412. 
122 Mass. 330. 



135 Mass. 48. 
228 Mass. 63. 



See Amend- 



Crimes to he 
proved in the 
vicinity. 
2 Pick. 550. 
121 Mass. 61. 

151 Mass. 419. 

Right of search 
and seizure 
regulated. 
Const, of U. S., 
Amend't IV. 
2 Met. 329. 
5 Cush. 369. 
1 Gray, 1. 
13 Gray, 454. 
10 Allen, 403. 
100 Mass. 136. 
126 Mass. 269. 
132 Mass. 12. 

152 Mass. 540. 
172 Mass. 311. 
203 Mass. 516. 
209 Mass. 396. 
243 Mass. 356. 



Right of trial by jury not to be the subject of an initiative or referendum petition, 
mcnts, Art. XLVIII, The Initiative, II, § 2. 

XIII. In criminal prosecutions, the verification of facts in the vicinity 
where they happen, is one of the greatest securities of the life, liberty, 
and property of the citizen. 

208 Mass. 162. 250 Mass. 309. 267 Mass. 591. 

XIV. Every subject has a right to be secure from all unreasonable 
searches, and seizures, of his person, his houses, his papers, and all his 
possessions. All warrants, therefore, are contrary to this right, if the 
cause or foundation of tliem be not prc\iously supported by oath or 
affirmation; and if the order in the warrant to a civil officer, to make 
search in suspected places, or to arrest one or more suspected persons, 
or to seize their property, be not accompanied with a special designa- 
tion of the persons or objects of search, arrest, or seizure: and no war- 
rant ought to be issued but in cases, and with the formalities prescribed 
by the laws. 



246 Mass. 507. 



259 Mass. 453. 



Protection from unreasonable search not to be the subject of an initiative or referendum petition. 
See Amendments, Art. XLVIU, The Initiative. II, § 2. 



CONSTITUTION OF MASSACHUSETTS. 27 

XV. In all controversies concerning property, and in all suits RiKhttotmi 
between two or more persons, except in cases in which it has hereto- ^Lip'^l^tc" ' 
fore been otherways used and practised, the parties have a right to a Amend"/ vii'^" 
trial by jury; and this method of procedure shall be held sacred, unless, | pi^™382^' 
in causes arising on the high seas, and such as relate to mariners' wages, ^ f}'^- •'.'' *; 
the legislature shall hereafter find it necessary to alter it. 

8 Grav, 373. 135 Mass. 490. 229 Mass. 478. 

11 .\llen, 574. 149 Mass. 550. 230 Mass. 197. 

102 Mass. 4.5. 152 Mass. 416. 232 Mass. 88. 

114 Mass. 388. 163 Mass. 446. 237 Mass. .591. 

120 Ma,ss. 320. 173 Mass. 68. 257 Mass. 172. 

122 Mass. 505. 176 Mass. 229. 259 Mass. 453. 

123 Mass. 590. 180 Mass. 334. 377. 261 Mass. 299. 

124 Mass. 464. 183 Mass. 189. 263 Mass. 121. 

125 Mass. 182. 189 Mass. 296. 268 Mass. 373. 
128 Mass. 600. 205 Mass. 458. 269 Mass. 379. 

130 Mass. 236. 215 Mass. 467. Op. A. G. (1917) 77. 

Right of trial by jury not to be the subject of an initiative or referendum petition. See Amend- 
ments, Art. XLVIII, The Initiative, II, § 2. 

XVI. The liberty of the press is essential to the security of freedom Liberty of the 
in a state: it ought not, therefore, to be restrained in this common- 20'^picii 206 

wealth. 4 Op. A. G. 135. 

Freedom of the press not to be the subject of an initiative or referendum petition. See Amend- 
ments, -Art. XLVIII, The Initiative, II, § 2. 

XVII. The people have a right to keep and to bear arms for the Right to 
common defence. And as, in time of peace, armies are dangerous to bea?ar"m3 
liberty, they ought not to be maintained without the consent of the dlngc'rous"™"" 
legislature; and the military power shall always be held in an exact ^^jjj,'r''j'i^p°J^j^'' 
subordination to the civil authority, and be governed by it. civil. 

5 Gray, 121. 166 Mass. 171. 1 Op. A. G. 552. 

XVIII. A frequent recurrence to the fundamental principles of the Moral quaiieca- 
constitution, and a constant adherence to those of piety, justice, mod- 4'op.a!^ 0.4^8. 
eration, temperance, industry, and frugality, are absolutely necessary 

to preserve the advantages of liberty, and to maintain a free govern- 
ment. The people ought, consequently, to have a particular attention 
to all those principles, in the choice of their officers and representatives: 
and they have a right to require of their lawgivers and magistrates, an Moral obiiga- 
e.xact and constant observance of them, in the formation and execution givers°and"' 
of the laws necessary for the good administration of the commonwealth. ™=»sistrates. 

XIX. The people have a right, in an orderly and peaceable manner. Right of people 
to assemble to consult upon the common good; give instructions to peiweabiV.^ 
their representatives, and to request of the legislative body, by the Jesmtatlver"^ 
way of addresses, petitions, or remonstrances, redress of the wrongs fj'tsi'ature'''"" 
done them, and of the grievances they suffer. 

151 Mass. 50. 156 Mass. 57. 224 Mass. 176. 265 Mass. 425. 

Right of peaceable assembly not to be the subject of an initiative or referendum petition. See 
Amendments, Art. XLVIII, The Initiative, II, § 2. 

XX. The power of suspending the laws, or the execution of the Power to sus- 
laws, ought never to be exercised but by the legislature, or by authority orUieirexecu- 
derived from it, to be exercised in such particular cases only as the I'e Mass. 326. 
legislature shall expressly provide for. ^** ^^^^^- ^^^■ 

Modified by the initiative and referendum. See Amendments, Art. XLVIII, I, Definition. 

XXI. The freedom of deliberation, speech and debate, in either Freedom of de- 
house of the legislature, is so essential to the rights of the people, that reason therefor. 
it cannot be the foundation of any accusation or prosecution, action 205 Mass. 19. 
or complaint, in any other court or place whatsoever. 

Freedom of speech not to be the subject of an initiative or referendum petition. See Amendments, 
Art. XLVIII, The Initiative, IL § 2. 



28 



CONSTITUTION OF MASSACHUSETTS. 



Frequent ses- 
sions, and ob- 
jects thereof. 



No tax without 

consent. 

8 Allen, 247. 

279 U. S. 620. 

Ex post facto 
laws prohibited. 
12 Allen, 421, 
424, 428. 
1.55 Mass. 162. 

172 Mass. 264. 

173 Mass. 322. 



Legislature not 
to convict of 
treason, etc. 

Excessive bail 
or fines, and 
cruel punish- 
ments, pro- 
hibited. 



XXII. The legislature ought frequently to assemble for the redress 
of grievances, for correcting, strengthening and confirming the laws, 
and for making new laws, as the common good may require. 

XXIII. No subsidy, charge, tax, impost, or duties, ought to be estab- 
lished, fixed, laid, or levied, under any pretext whatsoever, without the 
consent of the people or their representatives in the legislature. 

XXIV. Laws made to punish for actions done before the existence 
of such laws, and which have not been declared crimes by preceding 
laws, are unjust, oppressi\e, and inconsistent with the fundamental 
principles of a free government. 

ISO Mass. 57. 265 Mass. 135. 272 Mass. 113. 

XXV. No subject ought, in any case, or in any time, to be declared 
guilty of treason or felony by the legislature. 

XXVI. No magistrate or court of law, shall demand excessive bail 
or sureties, impose excessive fines, or inflict cruel or unusual punishments. 

5 Gray, 482. 173 Mass. 322. 267 Mass. 496. 180 U. S. 311. 

165 Mass 66. 178 Mass. 549. 272 Mass. 113. 217 U. S. 349. 

Protection from unreasonable bail not to be the subject of an initiative or referendum petition. 
See Amendments, Art. XLVIII, The Initiative, II, § 2. 

No soldier to be XXVII. Ill time of pcace, no soldier ought to be quartered in any 

any house, house without the conscut of the owner; and in time of war, such 

ess, e c. quarters ought not to be made but by the civil magistrate, in a manner 

ordained by the legislature. 
fromlat-ma??* XXVIII. No pcnson Can in any case be subject to law-martial, or 
tiai, unless, etc. to any penalties or pains, by virtue of that law, except those employed 

in the army or navy, and except the militia in actual service, but by 

authority of the legislature. 

Protection from law-martial not to be the subject of an initiative or referendum petition. See 
Amendments, Art. XLVIII, The Initiative, II, § 2. 

XXIX. It is essential to the preservation of the rights of every 
individual, his life, liberty, property, and character, that there be an 
impartial interpretation of the laws, and administration of justice. 
It is the right of every citizen to be tried by judges as free, impartial 
and independent as the lot of humanity will admit. It is, therefore, 
not only the best policy, but for the security of the rights of the people, 
and of every citizen, that the judges of the supreme judicial court 
should hold their offices as long as they behave themselves well; and 
that they should have honorable salaries ascertained and established 
by standing laws. 

272 Mass. 19, 25. 

Tenure of their ofEcp, etc.. not to be the subject of an initiative or referendum petition. See Amend- 
ments, Art. XLVIII, The Initiative, II, § 2, The Referendum, III, § 2. 

XXX. In the government of this commonwealth, the legislative 
department shall never exercise the executive and judicial powers, or 
either of them: the executive shall never exercise the legislative and 

icial powers, or either of them: the judicial shall never exercise the 
islative and executive powers, or either of them: to the end it may 
be a government of laws and not of men. 



Judges of su- 
preme judicial 
court. Tenure 
of their office. 
Salaries. 

3 Pick. 462. 
1 Grav, 472. 

4 Allen, 591. 
7 Allen, 385. 
105 Mass. 219, 
225 

208' Mass. 162. 
229 Mass. 421. 
236 Mass. 310. 
249 Mass. 95. 
257 Mass. 153. 
261 Mass. 12. 
268 Mass. 373. 



Separation of 
legislative, 
executive and 
judicial depart- 
ments. 

7 Met. 388. 
2 Cush. 677. 
2 Allen, 361. 

8 Allen, 247. 
100 Mass. 282. 
114 Mass. 247. 



judi 
leg 



116 Mass. 315. 

129 Mass. 559. 

130 Mass. 357. 
136 Mass. 239. 

142 Mass. 200. 

143 Mass. 490. 

174 Mass. 514. 

175 Mass. 71. 



183 Mass. 535. 
201 Mass. 609. 

207 Mass. 577. 

208 Mass. 610. 
212 Mass. 127. 
214 Mass. 602. 
224 Mass. 122. 
231 Mass. 99. 



236 Mass. 310. 

237 Mass. 619. 
240 Mass. 264. 
242 Mass. 78. 95. 
246 Mass. 464. 
231 Mass. 669. 

254 Mass. 342. 

255 Mass. 160. 



258 Mass. 289. 
261 Mass. 556. 
263 Mass. 444. 
271 Mass. 172. 
1 Op. A. C. 192, 233. 

3 0p. A. G.219, 424. .507. 

4 Op. A. G. 41,53, 199. 
Op. A. G. (1920) 92. 



For initiative and referendum, sec Amendments. .\rt. XL\'in. 

For organization of executive, etc., work of the Commoiuvcalth in not more than twenty depart- 
ments, see Amendments, Art. LXVI. 



CONSTITUTION OF MASSACHUSETTS. 29 

PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Province Title of body 
of Massachusetts Baj-, do hereby solemnly and mutually agree with p°'""'- 
each other, to form themselves into a free, sovereign, and independ- 
ent body politic, or state, by the name of The Commonwealth of 
Massachusetts. 

CHAPTER I. 

THE LEGISLATIVE POWER. 

Section I. 

The General Court. 

Article I. The department of legislation shall be formed by two Legislative 
branches, a Senate and House of Representatives: each of which shall 239 Ma"r349. 
have a negative on the other. The legislative body shall assemble every figigy 2i. 
year [on the last Wednesday in May, and at such other times as they For change of 
shall judge necessary; and shall dissolve and be dissolved on the day Amendment's'; 
next preceding the said last Wednesday in May;] and shall be styled, ^'- ^■ 
The General Court of Massachusetts. 

H. No bill or resolve of the senate or house of representatives shall °°o"°°'''^ 
become a law, and have force as such, until it shall have been laid 9° m^^s eae. 
before the governor for his revisal; and if he, upon such revision, ap- lOp. a^'g. les. 
prove thereof, he shall signify his approbation by signing the same. ^ ^p- ^- '^^ ®*2. 
But if he have any objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, in writing, 
to the senate or house of rejjresentatives, in whichsoever the same 
shall have originated ; who shall enter the objections sent down by the 
governor, at large, on their records, and proceed to reconsider the said 
bill or resolve. But if after such reconsideration, two thirds of the Bin may be 
said senate or house of representatives, shall, notwithstanding the said rhfrd3''o'f''elrh 
objections, agree to pass the same, it shall, together with the objections, ^SJ^jVng 
be sent to the other branch of the legislature, where it shall also be ige Mass. eos. 
reconsidered, and if approved by two thirds of the members present, 227 Mass! sss! 
shall have the force of a law: but in all such cases, the votes of both sopiAlGitii! 
houses shall be determined by yeas and nays; and the names of the 
persons voting for, or against, the said bill or resolve, shall be entered 
upon the public records of the commonwealth. 

For right of governor to return bill or resolve for amendment, see Amendments. Art. LVI. 
For disapproval or reduction by the governor of items in bills appropriating money, see Amend- 
ments, Art. LXni, § 5. 

And in order to prevent unnecessary delays, if any bill or resolve Biii or resolve 
shall not be returned by the governor within five days after it shall have w'ith'in fi^lys 
been presented, the same shall have the force of a law. *" >"= ''''^• 

135 Mass. 594. 192 Mass. 15. 3 Op. A. G. 414. 

For exception in case of adjournment of the general court within the five days, see Amendments, 
Art. I. 

HI. The general court shall forever have full power and authority General court 
to erect and constitute judicatories and courts of record, or other courts, j"dTcator?e's?'° 
to be held in the name of the commonwealth, for the hearing, trying, oXetc.' ""^ 
and determining of all manner of crimes, offences, pleas, processes, i2^Gray,^i47, 

154. 



30 



CONSTITUTION OF MASSACHUSETTS. 



228 Mass. 63. 
246 Mass. 464. 
269 Mass. 503. 
271 Mass. 575. 
See Amend- 
ments, Art. 
XLVIII. The 
Initiative. 11, 
§ 2, and The 
Referendum, 

in, §2. 

Courts, etc.. 
may administer 
oaths. 

General court 
may enact laws, 
etc., not re- 
pugnant to the 
constitution: 
may provide for 
the election or 
appointment 
of ofBcers, 
prescribe their 
duties, etc. 
9 Grav. 426. 
4 Allen, 466. 
6 Allen, 3.53. 
14 Allen, 359. 
mo Mass. 544. 
Ill Mass. 4.54. 
132 Mass. 542. 
136 Mass. 75. 
138 Mass. 601. 
148 Mass. 375. 
150 Mass. 592. 

153 Mass. 566. 

154 Mass. 115. 
679 

155 Mass. 117, 
598. 

158 Mass. 299. 

160 Mass. 156, 

586. 

162 Mass. 113, 

510. 

164 Mass. 54, 
338. 

165 Mass. 287. 
462, 599. 

166 Mass. 83. 
589. 

172 Mass. 311. 

173 Mass. 119. 
175 Mass. 154. 
171) Mass. 9, 
210, 290. 

177 Mass. 434. 

178 Mass. 199. 
180 Mass. 274. 
293. 

18l'Mas8. 383. 
183 Mass. 242. 
185 Mass. 10, 
18. 

191 Mass. 545. 



plaints, actions, matters, causes and things, whatsoever, arising or 
happening within the commonwealth, or between or concerning persons 
inhabiting, or residing, or brought within the same, whether the same 
be criminal or ci\il, or whether the said crimes be capital or not capital, 
and whether the said pleas be real, personal, or mixed; and for the 
awarding and making out of execution thereupon. To which courts 
and judicatories are hereby given and granted full power and authority, 
from time to time, to administer oaths or affirmations, for the better dis- 
covery of truth in any matter in controversy or depending before them. 
IV. And further, full power and authority are hereby given and 
granted to the said general court, from time to time, to make, ordain, 
and establish, all manner of wholesome and reasonable orders, laws, 
statutes, and ordinances, directions and instructions, either with pen- 
alties or without; so as the same be not repugnant or contrary to this 
constitution, as they shall judge to be for the good and welfare of this 
commonwealth, and for the government and ordering thereof, and of 
the subjects of the same, and for the necessary support and defence of 
the government thereof; and to name and settle annually, or provide 
by fixed laws, for the naming and settling all civil officers within the 
said commonwealth; the election and constitution of whom are not 
hereafter in this form of government otherwise provided for; and to 
set forth the several duties, powers, and limits, of the several civil and 
military officers of this commonwealth, and the forms of such oaths or 
affirmations as shall be respectively administered unto them for the 
execution of their several offices and places, so as the same be not 
repugnant or contrary to this constitution; and to impose and levy 
proportional and reasonable assessments, rates, and taxes, upon all 
the inhabitants of, and persons resident, and estates lying, within the 
said commonwealth; and also to impose and levy, rea.sonable duties 
and excises, upon any produce, goods, wares, merchandise, and com- 
modities, whatsoever, brought into, produced, manufactured, or being 
within the same; to be issued and disposed of by warrant, under the 
hand of the governor of this commonwealth for the time being, with 
the advice and consent of the council, for the public service, in the 
necessary defence and support of the government of the said common- 
wealth, and the protection and preservation of the subjects thereof, 
according to such acts as are or shall be in force within the same. 

500. 



203 Mass. 26. 
209 Mass. 607. 
211 Mass. 624. 
216 Mass. 356, 605. 
221 Mass. 323. 
232 Mass. 88. 
234 Mass. 612. 

237 Mass. 422, 493. 
623. 

238 Mass. 432. 

239 Mass. 424, 434, 

240 Mass. 611, 616. 
246 Mass. 464. 

May impose taxes, etc. 
12 Mass. 252. 

5 Allen, 428. 

6 Allen, 558. 

8 Allen, 247. 256. 
12 Allen, 75, 
312, 500, 612. 
98 Mass. 19. 

100 Mass. 282. 

101 Mass. 575. 



247 Mass. 191, 
250 Mass. 591. 
256 Mass. 512. 
259 Mass. 1. 

261 Mass. 523, 556. 

262 Mass. 603, 
264 Mass. 396. 
266 Mass. 583, 590. 

268 Mass. 443, 480. 

269 Mass. 67, 410, 503, 
598. 

270 Mass. 593. 

271 Mass. 172. 

to be disposed of for defence, etc. 



197 U. S. 11. 
260 U. S. 309. 

2 0p. A. G. 161, 264, 
326, 584. 

3 Op. A. G. 109, 280, 384, 
388, 526, 538. 

4 Op. A. G. 20, 27, 41, 48, 183, 
207, 252, 259, 265, 276, 289, 
337, 386, 407, 422, 483, 519. 
521, 529. 5.53, 557. 



Op. 

Op. 
Op. 



103 M.as3. 207. 
114 Mass. 388. 
118 Mass. 386. 
123 Mass. 493. 
120 Mass, 547. 
127 Muss. 40S. 

133 Mass. 161. 

134 Mass. 419. 
145 Mass. 108. 



1S3 Mass. 333. 
IS.S Mass. 239. 
19U Mass, no. 
UW Mass. 406. 
19ti .Mass. 603. 
199 Mass. 96. 
224 Mass, 31. 
226 Mass. 268. 



A. G. (1917) 24, 77. 
A. G. (1919) 32. 
A. G. (1920) 97. 



228 Mass. 101, 117. 

232 Mass. 28. 

233 Mass. 190. 

234 Mass. 42. 

24C U. S. 135, 146. 

3 Op. AG. 294. 
299, 409. 491, 495. 

4 0p.A.G. 192,215. 



Valuation of 
estates once 



And while the public charges of goxernuient, or any [lart thereof, 
in ten years, shall be asscsscd ou polls and estates, in tlie manner that has hitherto 

at least, while, , • i • i i i t l "j.!- 

etc. been practised, in order that such assessments may be made witn 



CONSTITUTION OF MASSACHUSETTS. 31 



equality, there shall be a vahiation of estates within the common- 8 Alien, 217. 

54 

.192. 



wealth taken anew once in every ten years at least, and as much oftener 4 Op^a.'g.'^''^' 



as the general court shall order. 

For the authority of the general court to charter cities and establish limited town meeting form of 
government, see Amendments. Arts. II and LXX. 

For additional taxing power given to the general court, see Amendments. Arts. XLI and XLIV. 

For the state wide referendum on bills and resolves of the general court, see Amendments. Art. XLII 
which was annulled by Amendments, Art. XI.V'III, General Provisions, VIII. ' 

For the initiative and referendum, see Amendments, Art. XLVIII. 

For the power given the general court to provide by law for absentee and compulsory voting see 
Amendments, Arts. XLV and LXI. 

For the power given the general court to determine the manner of providing and distributing the 
necessaries of life, etc., during time of war, public distress, etc.. by the commonwealth and the cities 
and towns therein see Amendments, Art. XLVII. 



CHAPTER I. 

Section II. 

Senaie. 

Article I. [There shall be annually elected, by the freeholders and Senate, number 
other inhabitants of this commonwealth, qualified as in this constitution elected." °™ 
is provided, forty persons to be councillors and senators for the year s^uperseS 
ensuing their election; to be chosen by the inhabitants of the districts, %L^^frt. 
into which the commonwealth may from time to time be divided by ^ni lxxi" 
the general court for that purpose: and the general court in assigning 
the numbers to be elected by the respective districts, shall govern 
themselves by the proportion of the public taxes paid by the said dis- 
tricts; and timely make known to the inhabitants of the commonwealth, For provision as 
the limits of each district, and the number of councillors and senators seelmend-"'"' 
to be chosen therein; provided that the number of such districts shall xv/lnd'*"' 
never be less than thirteen; and that no district be so large as to entitle ^'^-'^^• 
the same to choose more than six senators. 

And the several counties in this commonwealth shall, until the general Counties to be 

]••• •• , iii^t districts, until* 

court shall determine it necessary to alter the said districts, be districts «*°- 
for the choice of councillors and senators, (except that the counties of 
Dukes County and Nantucket shall form one district for that purpose) 
and shall elect the following number for councillors and senators, viz. : — 

York Two 

Dukes County \ p, 

and Nantucket / ^°® 

Worcester Five 

Cumberland One 

Lincoln One 

Berkshire Two] 

II. The senate shall be the first branch of the legislature; and the Manner and 
senators shall be chosen in the following manner, viz. there shall be sinltors'Td'"^ 
a meeting on the [first Monday in April,] [annually,] forever, of the 237"MasT59i. 
inhabitants of each town in the several counties of tliis commonwealth; ^39 Mass: era! 
to be called by the selectmen, and warned in due course of law, at see Amend- _ 
least seven days before the [first Monday in April,] for the purpose of x^xlv'lxi 
electing persons to be senators and councillors; [and at such meetings ^''''^■'^'^' * '• 
every male inhabitant of twenty-one years of age and upwards, having see .\meid'-' 
a freehold estate within the commonwealth, of the annual income of °"'°"' '^'^' "' 
three pounds, or any estate of the value of sixty pounds, shall have a quaiificaUonso'f 
right to give in his vote for the senators for the district of which he is 8e°d'ed'by''"" 



Suffolk 


Six 


Essex 


Six 


Middlesex 


Five 


Hampshire 


Four 


Plymouth 


Tliree 


Barnstable 


One 


Bristol 


Three 



32 



CONSTITUTION OF MASSACHUSETTS. 



Amendments, 
Arts III, XX, 
XXVIII, 
XXX, XXXI, 
XXXII and 
XL. 

Word "inha,bit' 
ant" defined. 



Selectmen to 
preside at town 
meetings. 

Return of 
votes. 



Aa to cities, see 
Amendments, 
Art. II. 



Time changed 
to first Wednes- 
day of January. 
See .\mend- 
ments, Art. X. 



Inliabitants of 
unincorporated 
plantations 
who pay state 
taxes may 
vote. 



Plantation 
meetings. 



Assessors to 
notify, etc. 



Time of elec- 
tion changed 
by Amend- 
ments, Arts. 
X and XV. 



Governor and 
council to ex- 
amine and 
count votes, 
and issue 
summonses. 
Time changed 
to first 

Wednesday in 
January by 
Amendments, 
Art. X. 
Majority 
changed to 
plurality by 
Amendments, 
Art. XIV. 



Senate to be 
final judge of 
elections, etc., 



an inhabitant.] And to remove all doubts concerning the meaning of 
the word "inhabitant" in this constitution, every person shall be con- 
sidered as an inhabitant, for the purpose of electing and being elected 
into any office, or place within this state, in that towTi, district or 
plantation where he dwelleth, or hath his home. 

3 Mass. 568. 7 Mass. 523. 5 Met. 298. 122 Mass. 594. 

See also Amendments, Art. XXHI, which was annulled by Amendments, Art. XXVI. 

The selectmen of the several towns shall preside at such meetings 
impartially; and shall receive the votes of all the inhabitants of such 
towns present and qualified to vote for senators, and shall sort and 
count them in open town meeting, and in presence of the town clerk, 
who shall make a fair record, in presence of the selectmen, and in open 
town meeting, of the name of every person voted for, and of the number 
of votes against his name: and a fair copy of this record shall be at- 
tested by the selectmen and the town clerk, and shall be sealed up, 
directed to the secretary of the commonwealth for the time being, 
with a superscription, expressing the purport of the contents thereof, 
and delivered by the town clerk of such towns, to the sheriff of the 
county in which such town lies, thirty days at least before [the last 
Wednesday in May] [annually:] or it shall be delivered into the sec- 
retary's office seventeen days at least before the said [last Wednesday 
in May :] and the sheriff of each county shall deliver all such certificates 
by him received, into the secretary's office, seventeen days before the 
said [last Wednesday in May.] 

[And the inhabitants of plantations unincorporated, qualified as this 
constitution provides, who are or shall be empowered and required 
to assess taxes upon themselves toward the support of government, 
shall have the same privilege of voting for councillors and senators in 
the plantations where they reside, as town inhabitants have in their 
respective towns; and the plantation meetings for that purpose shall 
be held annually [on the same first Monday in April], at such place 
in the plantations respectively, as the assessors thereof shall direct; 
which assessors shall have like authority for notifying the electors, 
collecting and returning the votes, as the selectmen and town clerks 
have in their several towns, by this constitution. And all other persons 
living in places unincorporated (qualified as aforesaid) who shall be 
assessed to the support of government by the assessors of an adjacent 
tow^n, shall have the privilege of giving in their votes for councillors 
and senators in the town where they shall be assessed, and be notified 
of the place of meeting by the selectmen of the town where they shall 
be assessed, for that purpose accordingly.] 

III. And that there may be a due convention of senators on the 
[last Wednesday in May] annually, the governor with five of the council, 
for the time being, shall, as soon as may be, examine the returned 
copies of such records; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be chosen by 
[a majority of] voters, to attend on that day, and take their seats accord- 
ingly: provided nevertheless, that for the first year the said returned 
copies shall be examined by the president and five of the council of the 
former constitution of government; and the said president shall, in 
like manner, issue his summons to the persons so elected, that they may 
take their seats as aforesaid. 

IV. The senate shall be the final judge of the elections, returns and 
qualifications of their own members, as pointed out in the constitution; 



CONSTITUTION OF MASSACHUSETTS. 33 

and shall, [on the said last Wednesday in May] [annually,] determine of its own 
and declare who are elected by each district, to be senators [I)y a majority 228"Ma?3. 63. 
of votes; and in case there shall not appear to be the full number of Time changed 
senators returned elected by a majority of votes for any district, the Wednesday of 
deficiency shall be supplied in the following manner, viz. : The members Amendments. 
of the house of representatives, and such senators as shall be declared ^' ^• 
elected, shall take the names of .such persons as shall be found to have phan°g"ri*'to 
the highest number of votes in such district, and not elected, amounting Amcmimc'Ss, 
to twice the number of senators wanting, if there be so many voted for; ^'^- ^^^'■ 
and out of these shall elect by ballot a number of senators sufficient gued""^^' ^°'" 
to fill up the vacancies in such district; and in this manner all such changed to 
vacancies shall be filled up in every district of the commonwealth; and people"'^*' 
in like manner all vacancies in the senate, arising by death, removal -''" f ""?"?' 

,. , , „ ments. Art. 

out of the state, or otherwise, shall be supplied as soon as may be, after xxiv. 
such vacancies shall happen.] 

V. Provided nevertheless, that no person shall be capable of being Qualifications 
elected as a senator, [who is not seised in his own right of a freehold 240Mass.°6bi. 
within this commonwealth, of the value of three hundred pounds at ^^* ^'^^- ^"■ 
least, or possessed of personal estate to the value of six hundred pounds quaiifcations 
at least, or of both to the amount of the same sum, and] who has not Amendments. 
been an inhabitant of this commonwealth for the space of five years ■*■"■ ^i'^- 
immediately preceding his election, and at the time of his election, he 

shall be an inhabitant in the district for which he shall be chosen. 

As to residence, see also Amendments, Arts. XXII and LXXI. 

VI. The senate shall have power to adjourn themselves, provided ll"o^nm,lt 
such adjournments do not exceed two days at a time. ""'° '•"'° ''*^^- 

See Amendments, Art. LII. 

VII. The senate shall choose its own president, appoint its own shaii choose 
officers, and determine its own rules of proceedings. estabirsh"ruie3. 

239 Mass. 603. 

VIII. The senate shall be a court with full authority to hear and shaiitryaii 

. . 1111 p ' • imr)eacnnu'nts. 

determine all impeachments made by the house of representatives, i«7 Mass. 599. 
against any officer or officers of the commonwealth, for misconduct and 239 Kiass! i.w! 
mal-administration in their offices. But previous to the trial of every ^^ ' *^ 
impeachment the members of the senate shall respectively be sworn, 
truly and impartially to try and determine the charge in question, 
according to evidence. Their iudgment, however shall not extend Limitation ot 
further than to removal from office and disqualification to hold or 
enjoy any place of honor, trust, or profit, under this commonwealth: 
but the party so convicted, shall be, nevertheless, liable to indictment, 
trial, judgment, and punishment, according to the laws of the land. 

IX. [Not less than sixteen members of the senate shall constitute a Quorum, 
quorum for doing business.] 

See Amendments, Arts. XXII and XXXIII. 

CHAPTER I. 
Section III. 

Home of Representatives. 
Article I. There shall be, in the legislature of this commonwealth, Representation 
a representation of the people, [annually] elected, and founded upon ° "" '^ • 
the principle of equality. 

For change to biennial elections, see -Amendments, Art. LXIV, § I. 



34 



CONSTITUTION OF MASSACHUSETTS. 



Representa- 
tives, by whom 
chosen. 
7 Mass. 523. 
Provisions as 
to represen- 
tatives super- 
seded. See 
Amendments, 
Arts. XII, 
XIII, XXI 
and LXXI. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable 
to fine in case, 
etc. 



Expenses of 
travelling to 
and from the 
general court, 
how paid. 
Annulled by 
Amendments, 
Art. XXXV. 

QuaUfications 
of a repre- 
sentative. 
New provision 
as to residence. 
.See Amend- 
ments, Arts. 
XXI and 
LXXI. 



Qualifications 
of a voter. 
240 Mass. 601. 
These provi- 
sions super- 
seded by 
Amendments. 
Arts. III. XX, 

xxvni,xxx, 

XXXI. XXXII 

and XLV. 



Representa- 
tives, when 
chosen. 



House alone 
can impeach. 
210 Mass. 214. 
240 Mass. 264. 



House to origi- 
nate all money 
bills. 

126 Mass. 547, 
557. 

Not to adjourn 
more than two 
days. 

See Amend- 
ments, Art. LII. 



Quorum. 



II. [And in order to provide for a representation of the citizens of 
this commonwealth, founded upon the principle of equality, every cor- 
porate town containing one hundred and fifty ratable polls, may elect 
one representative: every corporate town, containing three hundred and 
seventy-five ratable polls may elect two representatives: every corpo- 
rate town containing six hundred ratable polls, may elect three rep- 
resentatives: and proceeding in that manner, making two hundred and 
twenty-five ratable polls, the mean increasing number for every addi- 
tional representative. 

Provided nevertheless, that each town now incorporated, not having 
one hundred and fifty ratable polls, may elect one representative: but 
no place shall hereafter be incorporated with the privilege of electing a 
representative, unless there are within the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power from time to time 
to impose fines upon such towns as shall neglect to choose and return 
members to the same, agreeably to this constitution. 

[The expenses of travelling to the general assembly, and returning 
home, once in every session, and no more, shall be paid by the govern- 
ment, out of the public treasury, to every member who shall attend as 
seasonably as he can, in the judgment of the house, and does not depart 
without leave.] 

III. Every member of the house of representatives shall be chosen 
by written votes; [and for one year at least next preceding his election, 
shall have been an inhabitant of, and have been seised in his own right 
of a freehold of the value of one hundred pounds within the town he 
shall be chosen to represent, or any ratable estate to the value of two 
hundred pounds; and he shall cease to represent the said town im- 
mediately on his ceasing to be qualified as aforesaid.] 

Property qualifications abolished by Amendments, Art. XIII. 

IV. [Every male person, being twenty-one years of age, and resident 
in any particular town in this commonwealth for the space of one year 
next preceding, having a freehold estate within the same town, of the 
annual income of three pounds, or any estate of the value of sixty pounds, 
shall have a right to vote in the choice of a representative, or repre- 
sentatives for the said town.] 

See also Amendments, Art. XXIII, which was annulled by Art. XXVI. 

V. [The members of the house of representatives shall be chosen 
annually in the month of May, ten days at least before the last Wednes- 
day of that month.] 

Time of election changed by Amendments, Art. X, and changed again by Amendments, Art. XV. 

VI. The house of representatives shall be the grand inquest of this 
commonwealth; and all impeachments made by them, shall be heard 
and tried by the senate. 

VII. All money bills shall originate in the house of representatives; 
but the senate may propose or concur with amendments, as on other 
bills. 

VIII. The house of representatives shall have power to adjourn 
themselves; provided such adjournment shall not exceed two days at a 

time. 

IX. [Not less than sixty members of the house of representatives, 
shall constitute a quorum for doing business.] 

See Amendments, .\rts. XXI and XXXIII. 



CONSTITUTION OF MASSACHUSETTS. 35 

X. The house of representatives shall be the judge of the returns, To judge of 
elections, and qualifications of its own members, as pointed out in the [t*;' own' mem-"' 
constitution; siiall ciioose their own speaker; appoint tiieir own officers, 'iroihVers'and* 
and settle the rules and orders of proceeding in their own house: They establish its 
shall ha\e authority to punish by imprisonment, every person, not a May punish 
member, who shall be guilty of disrespect to the house, by any dis- offencel^'" 
orderly, or contemptuous behavior, in its presence; or who, in the town ?4*^Grav*226 
where the general court is sitting, and during the time of its sitting, ^23 uksa^sia. 
shall threaten harm to the body or estate of any of its members, for any 

thing said or done in the house; or who shall assault any of them there- 
for; or who shall assault, or arrest, any witness, or other person, ordered 
to attend the house, in his way in going or returning; or who shall 
rescue any person arrested by the order of the house. Anrl no member Priwieges of 
of the house of representatives shall be arrested, or held to bail on J'^ass^i, 29. 
mesne process, during his going unto, returning from, or his attending 243 u T'52l 
the general assembly. 

XI. The senate shall have the same powers in the like cases; and ''^^^^^^^"and 
the governor and council shall have the same authority to punish in like council may 
cases. Provided that no imprisonment on the warrant or order of the General iimita- 
governor, council, senate, or house of representatives, for either of the 14 Gray, 226. 
above described offences, be for a term exceeding thirty days. ^*^ ^' ^' ^^'' 

And the senate and house of representatives may try, and determine, Trial may be 
all cases where their rights and privileges are concerned, and which, by o? oThmvill^.^' 
the constitution, they have authority to try and determine, by com- ^^^ ^^'^^- ^'®- 
mittees of their own members, or in such other way as they may 
respectively think best. 

CHAPTER II. 

EXECUTIVE POWER. 

Section I. 
Governor. 

Article I. There shall be a supreme executive magistrate, who Governor. 
shall be styled. The Governor of the Commonwealth of Massa- 
chusetts; and whose title shall be — Hls Excellency. his title. 

II. The governor shall be chosen [annuallv:] and no person shall To be chosen 
be eligible to this ofhce, unless at the tune of his election, he shall have ^-to Mass. 601. 
been an inhabitant of this commonwealth for seven vears next preced- 7f" "^^^s'' •'^ 

• riiiiii 1 •!•' Dicnnis.1 clcc~ 

ing; [and unless he shall at the same tune, be seised in his own right, tions.see 
of a freehold within the commonwealth of the value of one thousand Art. lxiv, 
pounds;] [and unless he shall declare himself to be of the Christian Qualifications, 
religion.] 

See Amendments, Arts. VII and XXXIV. 

III. Those persons who shall be qualified to vote for senators and ^ ° t'lfe'^'^eTre 
representatives within the several towns of this commonwealth, shall, by a majority' 
at a meeting to be called for that purpose, on the [first Monday of April] i96 mTss. 410. 
[annually,] give in their votes for a governor, to the selectmen, who lit Amlnd^-*^' 
shall preside at such meetings; and the town clerk, in the presence and xLv^' ^'' 
with the assistance of the selectmen, shall, in open town meeting, sort Time of eicc- 
and count the votes, and form a list of the persons voted for, with the by Vmend-^ 
number of votes for each person against his name; and shall make a an™x'v^"" ^ 



36 



CONSTITUTION OF HL-VSSACHUSETTS. 



As to cities, see 
Amendments, 
Art. II. 



Time changed 
to first 

Wednesday of 
January by 
Amendments, 
Art. X. 



Changed to 
plurality by 
Amendments, 
Art. XIV. 
How chosen, 
wiien no per- 
son has a 
majority. 



Power of gov- 
ernor and of 
governor and 
council. 
190 Mass. 616. 



May adjourn 
or prorogue 
general court 
upon request, 
and convene 
the same. 



As to dissolu- 
tion, see 
Amendments, 
Art. X. 
Governor and 
council may 
adjourn 
general court 
in cases, etc., 
but not ex- 
ceeding ninety 
days. 



Governor to be 
commander in 
chief. 

This article 
annulled and 
superseded by 
Amendments, 
Art. LIV. 



fair record of the same in the town books, and a public declaration 
thereof in the said meeting; and shall, in the presence of the inhabit- 
ants, seal up copies of the said list, attested by him and the selectmen, 
and transmit the same to the sheriff of the county thirty days at least 
before the [last Wednesday in May]; and the sheriff shall transmit 
the same to the secretary's office, seventeen days at least before the 
said [last Wednesday in May]; or the selectmen may cause returns of 
the same to be made to the office of the secretary of the commonwealth, 
seventeen days at least before the said day; and the secretary shall 
lay the same before the senate and the house of representatives, on the 
[last Wednesday in May], to be by them examined: and in case of an 
election by a [majority] of all the votes returned, the choice shall be by 
them declared and published. But if no person shall have a [majority] 
of votes, the house of representatives shall, by ballot, elect two out of 
four persons \^'ho had the highest number of \'otes, if so many shall have 
been voted for, but, if otherwise, out of the number voted for; and 
make return to the senate of the two persons so elected; on which 
the senate shall proceed, by ballot, to elect one, who shall be declared 
governor. 

IV. The governor shall have authority from time to time, at his 
discretion, to assemble and call together the councillors of this com- 
monwealth for the time being; and the governor with the said coun- 
cillors, or five of them at least, shall, and may, from time to time, hold 
and keep a council, for the ordering and directing the affairs of the 
commonwealth, agreeably to the constitution and the laws of the 
land. 

V. The governor, with advice of council, shall have full power and 
authority, during the session of the general court to adjourn or pro- 
rogue the same to any time the two houses shall desire ; [and to dissolve 
the same on the day next preceding the last Wednesday in May]; and, 
in the recess of the said court, to prorogue the same from time to time, 
not exceeding ninety days in any one recess; and to call it together 
sooner than the time to which it may be adjourned or prorogued, if 
the welfare of the commonwealth shall require the same: and in case 
of any infectious distemper prevailing in the place where the said court 
is next at any time to convene, or any other cause happening whereby 
danger may arise to the health or lives of the members from their 
attendance, he may direct the session to be held at some other, the 
most convenient place within the state. 

(And the governor shall dissolve the said general court on the day 
next preceding the last Wednesday in May.] 

VI. In cases of disagreement between the two houses, with regard 
to the necessity, expediency or time of adjournment, or prorogation, 
the governor, with advice of the council, shall have a right to adjourn 
or prorogue the general court, not exceeding ninety days, as he shall 
determine the public good shall require. 

190 Mass. 616. 

VII. [The governor of this commonwealth for the time being, shall 
be the commander in chief of the army and navy, and of all the mili- 
tary forces of the state, by sea and land; and shall have full power 
by himself, or by any commander, or other officer or oflScers, from 
time to time, to train, instruct, exercise and govern the militia and 
navy; and, for the special defence and safety of the commonwealth, to 



CONSTITUTION OF MASSACHUSETTS. 37 

assemble in martial array, and put in warlike posture, the inhabitants 
thereof, and to lead and conduct them, and with them to encounter, 
repel, resist, expel and pursue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, and also to 
kill, slay and destroy, if necessary, and conquer, by all fitting ways, 
enterprises, and means whatsoever, all and every such person and 
persons as shall, at any time hereafter, in a hostile manner, attempt 
or enterprise the destruction, invasion, detriment, or annoyance of this 
commonwealth; and to use and exercise, over the army and navy, and 
over the militia in actual service, the law martial, in time of war or 
invasion, and also in time of rebellion, declared by the legislature to 
exist, as occasion shall necessarily require; and to take and surprise 
by all ways and means whatsoever, all and every such person or persons, 
with their ships, arms, ammunition and other goods, as shall, in a 
hostile manner, invade, or attempt the invading, conquering, or annoy- 
ing this commonwealth; and that the governor be intrusted with all 
these and other powers, incident to the offices of captain-general and 
commander in chief, and admiral, to be exercised agreeably to the 
rules and regulations of the constitution, and the laws of the land, and 
not otherwise. 

Provided, that the said governor shall not, at any time hereafter, by Limitation. 
virtue of any power by this constitution granted, or hereafter to be 
granted to him by the legislature, transport any of the inhabitants of 
this commonwealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the consent of the 
general court; except so far as may be necessary to march or transport 
them by land or water, for the defence of such part of the state, to which 
they cannot otherwise conveniently have access.] 

VIII. The power of pardoning offences, except such as persons may Governor and 
be convicted of before the senate by an impeachment of the house, pardon 
shall be in the governor, by and with the advice of council: but no exce"pTetc. 
charter of pardon, granted by the governor, with advice of the council fo" v°ctio'n. °" 
before conviction, shall avail the party pleading the same, notwith- j35Mas3.48^' 
standing any general or particular expressions contained therein, de- ^^o j^J^^^ ^^^■ 
scriptive of the offence or offences intended to be pardoned. 

246 Mass. 12. 261 Mass. 12. 4 Op. A. G. 119. 

257 Mass. 386. 1 Op. A. G. 199. Op. A. G. (1920) 179. 

IX. All judicial officers, [the attorney-general,] the solicitor-general, cert"tc.?^ow 
[all sheriffs,] coroners, [and registers of probate,] shall be nominated "ppoi"**// "'"' 
and appointed by the governor, by and with the advice and consent 228 Mass. 63^ 
of the council; and every such nomination shall be made by the gov- 240 Mass! en. 
ernor, and made at least seven days prior to such appointment. 

For provisions as to election of attorney-general, see Amendments. Arts. XVII and LXIV, § 1. 
For provision as to election of sheriffs, registers of probate, etc.. see Amendments. Art. XIX. 
For provision as to appointment of notaries public, see Amendments, Arts. IV, LVII and LXIX, § 2. 
Appointment, tenure, etc, of judges not to be the subject of an initiative or referendum petition; 
see Amendments, Art. XLVIII, The Initiative, II, § 2, and The Referendum, III, § 2. 

X. [The captains and subalterns of the militia, shall be elected by Miutia officers, 
the written votes of the train band and alarm list of their respective Limitation of 
companies, [of twenty-one years of age and upwards:] the field officers brAtneSd-"" 
of regiments shall be elected by the written votes of the captains and IJ?^"^'^'^;^"^ ^' 
subalterns of their respective regiments: the brigadiers shall be elected annulled and 
in like manner, by the field officers of their respective brigades: and such A"mcndment8, 
officers, so elected, shall be commissioned by the governor, who shall '^^^ commis- 
determine their rank. sioned. 



38 



CONSTITUTION OF MASSACHUSETTS. 



Election of 
officers. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
filled, in case, 
etc. 



Officers duly 
commissioned, 
how removed. 
Superseded by 
Amendments, 
Art. IV. 

Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



Money, how 
drawn from the 
treasury, 
except, etc. 
13 Allen, 593. 
234 Mass. 42. 
2(iS Mass. 4S0. 
Op. A. G. 
(1919) 10. 



All public 
boards, etc., to 
make quarterly 
returns. 

Provision for 
appointment 
of commissary- 
general an- 
nulled by 
Amendments, 
Art. LIU 



The legislature shall, by standing laws, direct the time and manner 
of convening the electors, and of collecting votes, and of certifying to 
the governor, the officers elected. 

The major-generals shall be appointed by the senate and house of 
representatives, each having a negative upon the other; and be com- 
missioned by the governor. 

And if the electors of brigadiers, field officers, captains or subalterns, 
shall neglect or refu.se to make such elections, after being duly notified, 
according to the laws for the time being, then the governor, with advice 
of council, shall appoint suitable persons to fill such offices. 

[And no officer, duly commissioned to command in the militia, shall 
be removed from his office, but by the address of both houses to the 
governor, or by fair trial in court-martial pursuant to the laws of the 
commonwealth for the time being.] 

The commanding officers of regiments shall appoint their adjutants 
and quartermasters; the brigadiers their brigade-majors; and the 
major-generals their aids; and the governor shall appoint the adjutant- 
general. 

The governor, with advice of council, shall appoint all officers of 
the continental army, whom by the confederation of the United States 
it is provided that this commonwealth shall appoint, as also all officers 
of forts and garrisons. 

The divisions of the militia into brigades, regiments and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper divisions of the militia of this commonwealth, until the 
same shall be altered in pursuance of some future law.] 

XL No moneys shall be issued out of the treasury of this common- 
wealth, and disposed of (except such sums as may be appropriated for 
the redemption of bills of credit or treasurer's notes, or for the payment 
of interest arising thereon) but by warrant under the hand of the gov- 
ernor for the time being, with the advice and consent of the council, for 
the necessary defence and support of the commonwealth; and for the 
protection and preservation of the inhabitants thereof, agreeably to 
the acts and resolves of the general court. 

Certain appropriations of money from treasury not to be subjects of initiative or referendum peti- 
tion. See Amendments, Art. XLVIII, The Initiative, II, § 2, and The Referendum, III, § 2. 

XII. All public boards, [the commissary-general,] all superintending 
officers of public magazines and stores, belonging to this common- 
wealth, and all commanding officers of forts and garrisons within the 
same, shall once in every three months, officially, and without requisi- 
tion, and at other times, when required by tiie go\ernor, deliver to 
him an account of all goods, stores, provisions, ammunition, cannon 
with their appendages, and small arms with their accoutrements, and 
of all other public property whatever under their care respectively; 
distinguishing the quantity, number, quality and kind of each, as 
particularly as may be; together with the condition of such forts and 
garrisons and the said commanding officer shall exhibit to the gov- 
ernor, when required by him, true and exact plans of such forts, and 
of the land and sea or harbor or harbors adjacent. 

And the said boards, and all public officers, shall communicate to 
the governor, as soon as may be after receiving the same, all letters, 
despatches, and intelligences of a public nature, which shall be directed 
to them respectively. 



CONSTITUTION OF MASSACHUSETTS. 39 

XIII. As the public good requires that the governor should not be Salary of 
under the undue influence of any of the members of the general court 23™MaIs. 310. 
by a dependence on them for his support, that he should in all cases, 
act with freedom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his private con- 
cerns — and that he should maintain the dignity of the commonwealth 
in the character of its chief magistrate, it is necessary that he should 
have an honorable stated salary, of a fixed and permanent value, amply 
sufficient for those purposes, and established by standing laws: and it 
shall be among the first acts of the general court, after the commence- 
ment of this constitution, to establish such salary by law accordingly. 

Permanent and honorable salaries shall also be established by law Salaries of jus- 
for the justices of the supreme judicial court. preme judicial 

Compensation of judges not to be the subject of an initiative or referendum petition; see Amend- 
ments, Art. XLVIII, The Initiative. II, § 2, and The Referendum, III, § 2. 

And if it shall be found that any of the salaries aforesaid, so estab- Saiariea^to be 
lished, are insufficient, they shall, from time to time be enlarged as insufficient. 
the general court shall judge proper. 

CHAPTER II 

Section II. 

Lieutenant Governor. 

Article I. There shall be [annually] elected a lieutenant governor Lieutenant 
of the commonwealth of Massachusetts, whose title shall be. His ttre"an°d' 
Honor and who shall be qualified, in point of [religion,] [property,] Ks.'^'*" 
and residence in the commonwealth, in the same manner with the ^ H^l l^f 
governor: and the day and manner of his election, and the qnalifica- .seeAmend- 
tions of the electors, shall be the same as are required in the election of yif and '"' 
a governor. The return of the votes for this officer, and the declaration ^f^l^;^^^^^ 
of his election, shall be in the same manner: and if no one person shall For change 
be found to have [a majority] of all the votes returned, the vacancy efect'i^nTlee 
shall be filled by the senate and house of representatives, in the same ArtLxivll'i. 
manner as the go\'ernor is to be elected, in case no one person shall 
have [a majority] of the votes of the people to be governor. 

Election by plurality provided for by Amendments, Art. XIV. 

II. The governor, and in his absence the lieutenant governor, shall ^J^^'^f"* °^ 
be president of the council, but shall have no vote in council : and the l^™'^™^"^' 
lieutenant governor shall always be a member of the coimcU except member, 
when the chair of the governor shall be vacant. 

III. Whenever the chair of the governor shall be vacant, by reason Lieutenant 
of his death, or absence from the commonwealth, or otherwise, the a?ting".gov- 
lieutenant governor, for the time being, shall, during such vacancy, ""'"• '" ''^^' 
perform all the duties incumbent upon the governor, and shall have ^jj^ ^^^'"d^'*' 
and exercise all the powers and authorities, which by this constitution ments. Art. lv. 
the governor is vested with, when personally present. 



40 



CONSTITUTION OF MASSACHUSETTS. 



CHAPTER II. 



Council. 

190 Mass. 616. 

265 Mass. 101. 

Number of 
councillors 
changed to 
eight. 

See Amend- 
ments, Art. 
XVI. 



Number ; from 
whom and 
how chosen. 
239 Mass. 349. 
Modified by 
Amendments, 
Arts. X and 

xni. 

Superseded by 
Amendments, 
Art. XVX. 



If senators be- 
come council- 
lors, their seats 
to be vacated. 

Rank of 
councillors. 

No district to 
have more 
than two. 



Register of 
council. 



Council to 
exercise power 
of governor in 
case, etc. 
This article 
annulled and 
superseded by 
Amendments, 
Art. LV. 



Elections may 
be adjourned 
until, etc. 
239 Mass. 349. 



Order thereof. 

Affected by 
Amendments, 
Arts. X, XIV, 
XVI, XXV 
and LXIV. 



Section III. 
Council, and the Manner of settling Elections by the Legislature. 

Article I. There shall be a council for advising the governor in 
the executive part of government, to consist of [nine] persons besides 
the lieutenant governor, whom the governor, for the time being, shall 
have full power and authority, from time to time, at his discretion, 
to assemble and call together. And the governor, with the said coun- 
cillors, or five of them at least, shall and ma.y, from time to time, hold 
and keep a council, for the ordering and directing the affairs of the 
commonwealth, according to the laws of the land. 

II. [Nine councillors shall be annually chosen from among the 
persons returned for councillors and senators, on the last Wednesday 
in May, by the joint ballot of the senators and representatives assem- 
bled in one room: and in case there shall not be found upon the first 
choice, the whole number of nine persons who will accept a seat in the 
council, the deficiency shall be made up by the electors aforesaid from 
among the people at large; and the number of senators left shall con- 
stitute the senate for the year. The seats of the persons thus elected 
from the senate, and accepting the trust, shall be vacated in the 
senate.] 

III. The councillors, in the civil arrangements of the common- 
wealth, shall have rank next after the lieutenant governor. 

IV. [Not more than two councillors shall be chosen out of any one 
district of this commonwealth.] 

Superseded by Amendments, Art. XVI. 

V. The resolutions and advice of the council shall be recorded in a 
register, and signed by the members present; and this record may be 
called for at any time by either house of the legislature; and any 
member of the council may insert his opinion, contrary to the resolu- 
tion of the majority. 

VI. [Whenever the office of the governor and lieutenant governor 
shall be vacant, by reason of death, absence, or otherwise, then the 
council, or the major part of them, shall during such vacancy have 
full power and authority to do, and execute, all and every such acts, 
matters and things, as the governor or the lieutenant governor might 
or could, by virtue of this constitution, do or execute, if they or either 
of them, were personally present.) 

VII. (And whereas the elections appointed to be made by this 
constitution, on the [last Wednesday in May annually,] by the two 
houses of the legislature, may not be completed on that day, the said 
elections may be adjourned from day to day until the same shall be 
completed. And the order of elections shall be as follows: [the vacancies 
in the senate, if any, shall first be filled up;] the governor and lieu- 
tenant governor shall then be elected, provided there should be no 
choice of them by the people: and afterwards the two houses shall 
proceed to the election of the council.] 



CONSTITUTION OF MASSACHUSETTS. 41 

CHAPTER II. 

Section IV. 

Secretary, Treasurer, Commissary, etc. 

Article I. [The secretary, treasurer and receiver-general, and the Secretary, etc., 
commissary-general, notaries pubhc, and naval officers, shall be chosen how^choscn!"' 
annually, by joint ballot of the senators and representatives in one 
room. And that the citizens of this commonwealth mav be assured, ?'''^?™';<"', 

« . • T I ■ . . , ^ , . ineligible for 

from tune to tune, that the moneys remammg ui the public treasury, more ti>»n five 
upon the settlement and liquidation of the public accounts, are their yenrl'!'"'"' 
property, no man shall be eligible as treasurer and receiver-general 
more than five years successively.] 

For provision as to election of secretary and treasurer and receiver-general, see Amendments. Arts. 
XVII and LXIV. § 1. . 

For provision as to appointment of notaries public, see Amendments. Arts. IV. LVII and LXIX. § 2. 

Commissary-general, appointment, Amendments, Art. IV: abolished. Amendments. Art. LIII. 

Treasurer and receiver-general ineligible to election for more than three successive terms. See 
Amendments, Art. LXIV, § 2. 

II. The records of the commonwealth shall be kept in the office Secretary to 
of the secretary, who may appoint his deputies, for whose conduct he ^o auS'thi 
shall be accountable, and he shall attend the governor and council, TOundi?et'o'!'' 
the senate and house of representatives, in person, or by his deputies, 
as they shall respectively require. 



CHAPTER III. 

JUDICIARY POWER. 

Article I. The tenure, that all commission officers shall by law Tenure of aii 
have in their offices, shall be expressed in their respective commissions. offi?"3To°be 
All judicial officers, duly appointed, commissioned and sworn, shall judicSfofiicers 
hold their offices during good behavior, excepting such concerning whom during^'good^ 
there is different provision made in this constitution : provided never- 1?^ ''f"'^"^' ^^' 
theless, the governor, with consent of the council, may remove them But 'may be 
upon the address of both houses of the legislature. addrTsl ™ 

134 Mass. 314. 216 Mass. 51. 246 Mass. 464. 271 Mass. 575. 

Tenure of office, etc.. of judges not to be the subject of an initiative or referendum petition. See 
Amendments. .\rt. XLVIII. The Initiative. II. § 2, and The Referendum, III, § 2. 
For retirement of judicial officers, see Amendments, Art. LVIII. 

II. Each branch of the legislature, as well as the governor and J"^*'''^? °'. ™", 
council, shall have authority to require the opinions of the justices of court to give 
the supreme judicial court, upon important questions of law, and upon require!" ^° 
solemn occasions. 122 Mass. eoo. 

126 Mass. 557. 226 Mass. 26S, 607, 613. 251 Mass. 569. 

145 Mass. 587. 236 Mass. 310. 261 Mass. 523. 556. 

186 Mass. 603. 239 Mass. 349. 266 Mass, 583. 590. 

208 Mass. 614. 625. 247 Mass. 589. 267 Mass. 607. 

223 Mass. 516. 250 Mass. 52, 591. 269 Mass. 410, 503, 611. 

HI. In order that the people may not suffer from the long continu- justices of the 
ance in place of any justice of the peace, who shall fail of discharging of^ttTeir'oE 
the important duties of his office with ability or fidelity, all commis- 4o^A.G.*i24. 
sions of justices of the peace shall expire and become void, in the term 
of seven years from their respective dates ; and upon the expiration For removal of 
of any commission, the same may, if necessary, be renewed, or another p"ace?se°i ^^" 
person appointed, as shall most conduce to the well-being of the com- An^'xxxvfi. 
monwealth. 



42 



CONSTITUTION OF MASSACHUSETTS. 



Provisions for 
holding pro- 
bate courts. 
12 Grav. 147. 
238 Mass. 313. 



Marriage, 
divorce, etc., 
until other 
pro\'ision made 
by law. 



IV. The judges of probate of wills, and for granting letters of admin- 
istration, shall hold their courts at such place or places, on fixed days, 
as the convenience of the people shall require; and the legislature shall, 
from time to time, hereafter appoint such times and places; until 
which appointments, the said courts shall he holden at the times and 
places which the respective judges shall direct. 

V. All causes of marriage, divorce, and alimony, and all appeals 
from the judges of probate shall be heard and determined by the governor 
and council, until the legislature shall, by law, make other provision. 

105 Mass. 325. 116 Mass. 315. 239 Mass. 349. 



CHAPTER IV. 



Election, etc. 



DELEGATES TO CONGRESS. 

[The delegates of this commonwealth to the congress of the United 
States, shall, some time in the month of June annually, be elected by 
the joint ballot of the senate and house of representatives, assembled 
together in one room; to serve in congress for one year, to commence 
on the first Monday in November then next ensuing. They shall have 
commissions under the hand of the governor, and the great seal of the 
commonwealth; but may be recalled at any time within the year, and 
others chosen and commissioned, in the same manner, in their stead.] 



CHAPTER V. 



THE UNIVERSITY AT 



ENCOURAGEMENT OF 



Harvard 
College. 



Powers, privi- 
leges, etc., of 
the president 
and fellows 
confirmed. 



All gifts, 
grants, etc., 
confirmed. 



CAMBRIDGE, AND 
LITERATURE, ETC. 

Section I. 
The University. 

Article I. Whereas our wise and pious ancestors, so early as the 
year one thousand six hundred and thirty-six, laid the foundation of 
Harvard College, in which university many persons of great eminence 
have, by the blessing of God, been initiated in those arts and sciences, 
which qualified them for public employments, both in church and 
state: and whereas the encouragement of arts and sciences, and all 
good literature, tends to the honor of God, the advantage of the Chris- 
tian religion, and the great benefit of this and the other United States 
of America — it is declared, that the President and Fellows of 
Harvard College, in their corporate capacity, and their successors 
in that capacity, their officers and servants, shall have, hold, use, 
exercise and enjoy, all the powers, authorities, rights, liberties, priv- 
ileges, immunities and franchises, which they now have or are entitled 
to have, hold, use, exercise and enjoy: and the same are hereby ratified 
and confirmed unto them, the said president and fellows of Harvard 
College, and to their successors, and to their officers and servants, 
respectively, fore\'er. 

II. And whereas there have been at sundry times, by divers persons, 
gifts, grants, devises of houses, lands, tenements, goods, ciiattols, 
legacies and conveyances, heretofore made, either to Har\ard College 
in Cambridge, in New England, or to the president and fellows of 



CONSTITUTION OF MASSACHUSETTS. 43 

Harvard College, or to the said college, by some other description, 
under several charters successively: it is declared, that all the said 
gifts, grants, devises, legacies and conveyances, are hereby forever 
confirmed unto the president and fellows of Harvard College, and to 
their successors in the capacity aforesaid, according to the true intent 
and meaning of the donor or donors, grantor or grantors, devisor or 
devisors. 

III. [And whereas, bv an act of the general court of the colonv of '^^° s>>aii be 

1 • 1 1 1 • I 1 I I overseers. 

JMassachusetts Bay passed m the year one thousand six hundred and 
forty-two, the go\'ernor and deputy-governor, for the time being, and 
all the magistrates of that jurisdiction, were, with the president, and a See statutes, 
number of the clergy in the said act described, constituted the over- ism! 27. ' 
seers of Harvard College: and it being necessary, in this new constitu- HqI] 17I; 
tion of government to ascertain who shall be deemed successors to }s8a;foi;'i32. 
the said governor, deputy-governor and magistrates; it is declared, }gg5'4|®- 
that the governor, lieutenant governor, council and senate of this issb. 191. 
commonwealth, are and shall be deemed, their successors, who with 1902! 243! 
the president of Harvard College, for the time being, together with iom! 593; 
the ministers of the congregational churches in the towns of Cam- ^®^^' ^°*- 
bridge, Watertown, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested with all J^onTes°erve'dTo 
the powers and authority belonging, or in any way appertaining to the the legislature. 
overseers of Harvard College; provided, that] nothing herein shall be 
construed to prevent the legislature of this commonwealth from making 
such alterations in the government of the said university, as shall be 
conducive to its advantage and the interest of the republic of letters, 
in as full a manner as might have been done by the legislature of the 
late Province of the Massachusetts Bay. 

CHAPTER V. 

Section H. 
The Encouragement of Literature, etc. 

Wisdom, and knowledge, as well as virtue, diffused generally among Duty of legisia- 
the body of the people, being necessary for the preservation of their istrates in aii 
rights and liberties; and as these depend on spreading the opportunities 12 Alien. 500.' 
and advantages of education in the various parts of the country, and les Mass! 419. 
among the different orders of the people, it shall be the duty of legis- J?? Mass! 474. 
latures and magistrates, in all future periods of this commonwealth, 3 0p. a. g asc. 
to cherish the interests of literature and the sciences, and all seminaries prOTisionlas to 
of them; especially the university at Cambridge, public schools and 5"e''A^^e'nd'-°'''' 
grammar schools in the towns; to encourage private societies and txiblic !ri™*/v a^^- 

r . . , , . . . „ ^■, '^ . r. • 1 XVIII and 

mstitutions, rewards and immunities, tor the promotion 01 agriculture, xlvi. 
arts, sciences, commerce, trades, manufactures, and a natural history 
of the country; to countenance and inculcate the principles of humanity 
and general benevolence, public and private charity, industry and 
frugality, honesty and punctuality in their dealings; sincerity, good 
humor, and all social affections, and generous sentiments among the 
people. 



44 



CONSTITUTION OF MASSACHUSETTS. 



CHAPTER VI. 



Oaths of 
office, etc. 



Abolished. 
See Amend- 
ments, Art. 
VII. 



Declaration 
and oatha of 
all officers. 



For new oath 
of allegiance, 
see Amend- 
ments, Art. VI, 



Oath of office. 



OATHS AND SUBSCRIPTIONS; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- 
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; THE 
ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVISION 
FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

Article I. [Any person chosen governor, lieutenant governor, coun- 
cillor, senator or representative, and accepting the trust, shall before 
he proceed to execute the duties of his place or office, make and sub- 
scribe the following declaration, viz. — 

"I, A. B., do declare, that I believe the Christian religion, and have 
a firm persuasion of its truth; and that I am seised and possessed, in 
my own right, of the property required by the constitution as one quali- 
fication for the office or place to which I am elected." 

And the governor, lieutenant governor, and councillors shall make 
and subscribe the said declaration, in the presence of the two houses 
of assembly; and the senators and representatives first elected under 
this constitution, before the president and five of the council of the 
former constitution, and forever afterwards before the governor and 
council for the time being.] 

And every person chosen to either of the places or offices aforesaid, 
as also any person appointed or commissioned to any judicial, executive, 
military, or other office under the government, shall, before he enters 
on the discharge of the business of his place or office, take and subscribe 
the following declaration, and oaths or affirmations, viz. — 

["I, A. B., do truly and sincerely acknowledge, profess, testify and 
declare, that the Commonwealth of Massachusetts is, and of right 
ought to be, a free, sovereign and independent state; and I do swear, 
that I will bear true faith and allegiance to the said commonwealth, 
and that I will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever: and that I do renounce and abjure all 
allegiance, subjection and obedience to the king, queen, or govern- 
ment of Great Britain, (as the case may be) and every other foreign 
power whatsoever: and tliat no foreign prince, person, prelate, state 
or potentate, hath, or ought to have, any jurisdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any matter, civil, 
ecclesiastical or spiritual, within this commonwealth, except the au- 
thority and power which is or may be vested by their constituents 
in the congress of the United States: and I do further testify and 
declare, that no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of tliis oath, declaration, 
or affirmation; and that I do make this acknowledgment, profession, 
testimony, declaration, denial, renunciation and abjuration, heartily 
and truly, according to the common meaning and acceptation of the 
foregoing words, without any equivocation, mental evasion, or secret 
reservation whatsoever — • So help me, God."] 

"I, A. B., do solemnly swear and affirm, that I will faithfully and 

impartially discharge and perform all the duties incumbent on me as 

: according to the best of my abilities and understanding, 

agreeably, to the rules and regulations of the constitution, and the laws 

of this commonwealth • — So help me, God." 



CONSTITUTION OF MASSACHUSETTS. 45 

Provided always, that when any person chosen or appointed as Quakers 
aforesaid, shall he of the denomination of the people called Quakers, ^eeVnfe™- 
and shall decline taking the said oath[s], he shall make his affirmation ™«°"'' at'- ^i- 
in the foregoing form, and subscribe the same, omitting the words 
["/ do swear," "and abjure," "oath or," "and abjuration" in the first 
oath; and in the second oath, the words] "swear and," and [in each of 
them] the words "So help me, God;" subjoining instead thereof, " This 
I do under the pains and penalties of pierjury." 

And the said oaths or affirmations shall be taken and subscribed by Oaths and 
the governor, lieutenant governor, and councillors, before the presi- hf^admiS!;. 
dent of the senate, in the presence of the two houses of assembly; and ^"''^^ 
by the senators and representatives first elected under this constitution, 
before the president and five of the council of the former constitution; 
and forever afterwards before the governor and council for the time 
being: and by the residue of the officers aforesaid, before such persons 
and in such manner as from time to time shall be prescribed by the 
legislature. 

II. No governor, lieutenant governor, or judge of the supreme Plurality of 
judicial court, shall hold any other office or place, under the authority £[6/10^- 
of this commonwealth, except such as by this constitution they are e™eptrltc. 
admitted to hold saving that the judges of the said court may" hold 1% f^f^ |||- 
the offices of justices of the peace through the state; nor shall they 209 Mag.' 67. ' 
hold any other place or office, or receive any pension or salary from Ci9i7)i8. 
any other state or go\-ernment or power whatever. 

See Amendments, Art. VIII. 

No person shall be capable of holding or exercising at the same time, same subject, 
witiiin this state more than one of the following offices, viz. — judge 1 op'^A. g^' 
of probate — sheriff — register of probate ^ or register of deeds — and ^^^' ^^^" 
ne\-er more than any two offices which are to be held by appointment 
of the governor, or the governor and council, or the senate, or the 
house of representatives, or by the election of the people of the state 
at large, or of the people of any county, military offices and the offices 
of justices of the peace excepted, shall be held by one person. 

No person holding the office of judge of the supreme judicial court incompatible 
— secretary— attorney-general— solicitor-general- treasurer or re- ForXnherpro- 
ceiver-general _— judge of probate— [commissary-general— president, incompatible 
professor, or instructor of Harvard College] — sheriff — clerk of the offices, see 

1 J. J. . PI . A.. Amendments, 

house ot representatives — register of probate — register of deeds — Art. viii. 
clerk of the supreme judicial court — clerk of the inferior court of com- wd o.Seg^"' 
mon pleas — or officer of the customs, including in this description naval AnTendme''nte, 
officers — • shall at the same time have a seat in the senate or house of ^'- xxvii.' 
representatives; but their being chosen or appointed to, and accepting 
the same, shall operate as a resignation of their seat in the senate or 
house of representatives; and the place so vacated shall be filled up. 

Provision for appointment of commissary-general repealed by A mendments. Art, LII I. 

And the same rule shall take place in case any judge of the said Same subject. 
supreme judicial court, or judge of probate, shall accept a seat in 
council; or any councillor shall accept of either of those offices or 
places. 

And no person shall ever be admitted to hold a seat in the legislature, Bribery, etc., 
or any office of trust or importance under the government of this com- "^"""''^y- 
monwealth, who shall, in the due course of law, have been convicted 
of bribery or corruption in obtaining an election or appointment. 



46 



CONSTITUTION OF MASSACHUSETTS. 



Value of money 
ascertained. 

Property quali- 
fications may 
be increased. 
See Amend- 
ments, Arts. 
Xni and 
XXXIV. 

Provisions 
respecting 
commissions. 



Provisions re- 
specting writs, 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 
224 Mass. 9. 



Continuation of 
former laws, 
except, etc. 
8 Pick. 309. 
16 Pick. 107. 
2 Met. lis. 
6 Gray, 1. 
139 Mass. 29. 
148 Mass. 309. 
208 Mass. 162. 



Benefit of 
kabfns corpus 
secured, ex- 
cept, etc. 



The enacting 
style. 

For enacting 
style of ini- 
tiative meas- 
ures, see 
G. L. 4, § 3. 
Officers of 
former govern- 
ment continued 
imtil, etc. 



Provision for 
revising con- 
stitution. 
For existing 
provision as to 
amendments, 
see Amend- 
ments. Art. 
XLVUl, 
The Initiative, 
IV. 



III. [In all cases where sums of money are mentioned in this con- 
stitution, the value thereof shall be computed in silver at six shillings 
and eight pence per ounce: and it shall be in the power of the legislature, 
from time to time, to increa.se such qualifications, as to property, of 
the persons to be elected to offices, as the circumstances of the com- 
monwealth shall require.] 

IV. All commissions shall be in the name of the Commonwealth of 
Massachusetts, signed by the governor and attested by the secretary 
or his deputy, and ha\'e the great seal of the commonwealth affixed 
thereto. 

V. All writs issuing out of the clerk's office in any of the courts of 
law, shall be in the name of the Commonwealth of Massachusetts: 
they shall be under the seal of the court from whence they issue: they 
shall bear test of the first justice of the court to which they shall be 
returnable, who is not a party, and be signed by the clerk of such 
court. 

VI. All the laws which have heretofore been adopted, used and 
approved in the Province, Colony or State of Massachusetts Bay, and 
usually practised on in the courts of law, shall still remain and be in 
full force, until altered or repealed by the legislature; such parts only 
excepted as are repugnant to the rights and liberties contained in this 
constitution. 

237 Mass. 591. 238 Mass. 379. 

VII. The privilege and benefit of the writ of habeas corpus shall be 
enjoyed in this commonwealth in the most free, easy, cheap, expedi- 
tious and ample manner; and shall not be suspended by the legislature, 
except upon the most urgent and pressing occasions, and for a limited 
time not exceeding twelve months. 

VIII. The enacting style, in making and passing all acts, statutes 
and laws, shall be — " Be it enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the authority of the 
same." 

IX. [To the end there may be no failure of justice, or danger arise 
to the commonwealth from a change of the form of government — all 
officers, civil and military, holding commissions under the government 
and people of Massachusetts Bay in New England, and all other officers 
of the said government and people, at the time this constitution shall 
take effect, shall have, hold, use, exercise and enjoy, all the powers 
and authority to them granted or committed, until other persons shall 
be appointed in their stead: and all courts of law shall proceed in the 
execution of the business of their respective departments; and all the 
executive and legislative officers, bodies and powers shall continue in 
full force, in the enjoyment and exercise of all tiieir trusts, employments 
and authority; until the general court and the supreme and executive 
officers under this constitution are designated and invested with their 
respective tru.sts powers and authority.] 

X. [In order the more effectually to adhere to the principles of the 
constitution, and to correct those violations which by any means may 
be made therein, as well as to ft)rm such alterations as from experience 
shall be found necessary — tiie general court which shall be in the year 
of our Lord one thousand seven hundred and ninety-five, shall issue 
precepts to the selectmen of the several towns, and to the assessors of 
the unincorporated plantations, directing thein to convene the qualified 



CONSTITUTION OF MASSACHUSETTS. 47 

voters of tlieir respective towns and plantations, for the purpose of 
collecting their sentiments on the necessity or expediency of revising 
the constitution, in order to amendments. 

And if it shall appear by the returns made, that two thirds of the 
qualified voters throughout the state, who shall assemble and vote in 
consequence of the said precepts, are in favor of such revision or amend- 
ment, the general court shall issue precepts, or direct them to be issued 
from the secretary's office to the se\eral towns to elect delegates to 
meet in convention for the purpose aforesaid. 

The said delegates to be chosen in the same manner and proportion 
as their representatives in the second branch of the legislature are by 
this constitution to be chosen.] 

XI. This form of government shall be enrolled on parchment and preT^Xg^and 
deposited in the secretary's office, and be a part of the laws of the land — coniufution'"''' 
and printed copies thereof shall be prefixed to the book containing the 239 Mass. 349. 
laws of this commonwealth, in all future editions of the said laws. 



ARTICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, and not ^'";.^*'^!^^ °°' 
approved by the governor; and if tlie general court shall adjourn within witwn five 
five days after the same shall lia\'e been laid before the go\ernor for become°a law. 
his approbation, and thereby prevent his returning it with his objections, adjOTra in'^the 
as pro\'ided by the constitution, such bill or resolve shall not become a ™Mas3°s67. 
law, nor have force as such. 

See Const., Ch. I, Sect. I. Art. II. 

Art. II. The general court shall have full power and authority to General court 

, . . . , . . empowered to 

erect and constitute municipal or city governments, in any corporate charter cities 
town or towns in this commonwealth, and to grant to the inhabitants figh limited " 
thereof such powers, privileges, and immunities, not repugnant to the lovmXip^-^ 
constitution as the general court shall deem necessary or expedient to".n|eontain- 
for the regulation and government thereof and to prescribe the manner j?^ '^'■"'V'^ 
of calling and holding public meetings of the inhabitants, in wards or more 
otherwise for the election of officers under the constitution, and the lii'Mass. 344. 
manner of returning the votes given at such meetings. Provided, that $29 mS: wT. 
no such government shall be erected or constituted in any town not I43 Hill fgl: 
containing twelve thousand inhabitants, nor unless it be with the fo^^l^a^Hi, 
consent, and on the application of a majority of the inhabitants of Op-^a g. 
such town, present and voting thereon, pursuant to a vote at a meet- Establishment 
ing duly warned and holden for that purpose. And provided also, Cfto«^'go^ 
that all by-laws made by such municipal or city government shall be |™X?\J)wn3. 
subject, at all times to be annulled by the general court. See Amend- 

■> ' .» o ments. Art. 

Proviso. 112 Mass. 200. LXX. 

Art. III. Every [male] citizen of twenty-one years of age and up- Qualifications 

. ■ ' ■■ , , , . 1 ■ 1 ,,, of voters for 

wards, excepting paupers and persons under guardianship who shall governor, 
have resided witliin the commonwealth one year, and within the town governo" 
or district in which he may claim a right to vote, six calendar months 'epre's^e'^^tt-'* 
next preceding any election of governor, lieutenant governor, senators, jTAck. .538. 
or representatives, [and who shall have paid', by himself or his parent, s^^i^t. 298, 
master or guardian, any state or county tax, which shall, within two 7 Gray, 299.^ 

'^ ,.•',,. 11 1 ... 122 Mass. 594. 

years next preceding such election, have been assessed upon nim in 124 Mass. S96. 



48 



CONSTITUTION OF MASSACHUSETTS. 



144 Mass. 497. 
226 Maes. 607. 
228 Mass. 63. 
237 Mass. 591. 
240 Mass. 264. 
601. 

247 Mass. 583. 
1 Op. A. G. 54, 
69, 78. 



any town or district of this commonwealth; and also, every citizen 
who shall be, by law, exempted from taxation, and who shall be, in all 
other respects, qualified as above mentioned,] shall have a right to 
vote in such election of governor, lieutenant governor, senators and 
representatives; and no other person shall be entitled to vote in such 
election. 

See Amendments, Art. LXVIII. 

See Amendments, Arts. XXX, XXXII, XL. See also Amendments, Art. XXIII, which was an- 
nulled by .Amendments, Art. XXVI. 

For educational qualification, see Amendments, Art. XX. 

For prox'ision as to those who have served in the army or navy in time of war, see Amendments, 
Arts. XXVIII and XXXI. 

For absentee voting, see Amendments, Art. XLV. 

Art. IV. Notaries public shall be appointed by the governor in 
the same manner as judicial officers are appointed, and shall hold their 
offices during seven years, unless sooner removed by the governor 
with the consent of the council, [upon the address of both houses of 
the legislature.] 

See Amendments, Art. XXXVII. 

For appointment of women as notaries public, see Amendments, Art. LVII and Art. LXIX, § 2. 

[In case the office of secretary or treasurer of the commonwealth 
shall become vacant from any cause during the recess of the general 
court, the governor, with the advice and consent of the council, shall 
nominate and appoint, under such regulations as may be prescribed by 
law, a competent and suitable person to such vacant office, who shall 
hold the same until a successor shall be appointed by the general court.] 

[Whenever the exigencies of the commonwealth shall require the 
appointment of a commissary-general, he shall be nominated, appointed 
and commissioned in such manner as the legislature may, by law, 
prescribe. 

All officers commissioned to command in the militia may be removed 
from office in such manner as the legislature may, by law, prescribe.] 

Last two paragraphs of Art. IV annulled and superseded by Amendments, Art. LIII. 

Who may vote Art. V. [In the elections of captains and subalterns of the militia, 

for captams and ,, , i c i • • • n i i 

subalterns. all the mcmbcrs 01 their respective companies, as well those under as 
those above the age of twenty-one years, shall have a right to vote.] 

This article annulled and superseded by Amendments, Art. LIII. 

Art. VI. Instead of the oath of allegiance prescribed by the con- 
stitution, the following oath shall be taken and subscribed by every 
person chosen or appointed to any office, civil or military under the 
government of this commonwealth, before he shall enter on the duties 
of his office, to wit: 

" I, A. B., do solemnly swear, that I will bear true faith and allegiance 
to the Commonwealth of Massachusetts, and will support the consti- 
tution thereof. So help me God." 

Provided, That when any person shall be of the denomination called 
Quakers, and shall decline taking said oath, he shall make his affirma- 
tion in the foregoing form, omitting the word "swear" and inserting 
instead thereof the word "affirm;" and omitting the words "So help 
me God," and subjoining, instead thereof, the words "This I do under 
the pains and penalties of perjury." 

Art. VII. No oath, declaration or subscription, excepting the oath 
prescribed in the preceding article and the oath of office, shall be re- 
quired of the governor, lieutenant governor, councillors, senators or 
representatives, to qualify them to perform the duties of their respective 
offices. 



Notaries pub- 
lic, how 
appointed 
and removed. 
249 Mass. 184. 
4 Op. A. G. 
124. 



Vacancies in 
the offices of 
secretary and 
treasurer, how 
fiUed. 

This clause 
superseded by 
Amendments, 
Art. XVII. 

Commissary- 
general may be 
appointed, in 
case, etc. 



Militia officers, 
how removed. 



Oath to be 
taken by all 
officers. 

268 Mass. 497. 
2 Op. A. G. 246. 
Op. A. G. 
(1917) 87. 
See Const., 
Ch. VI, Art. I. 



Quakers may 
aiBrm. 



Tests abol- 
ished. 



CONSTITUTION OF MASSACHUSETTS. 49 

Art. VIII. No judge of any court of this commonwealth (except '? oX??"''''''^ 
the court of sessions) and no person holding any office under the au- 122 Mass. 445, 
thority of the United States (postmasters excepted) shall, at the same 123 Mass. 253. 
time, hold the office of governor, lieutenant governor, or councillor, or 239 Mass. 458. 
have a seat in the senate or house of representatives of this common- en,^''"'^ ^^*' 
wealth; and no judge of any court in this commonwealth (except the 269 Mass! e?*' 
court of sessions) nor the attorney-general, solicitor-general, county J gp- a- g- 233. 
attorney, clerk of any court, sheriff,' treasurer and receiver-general, Op.^a g. • 
register of probate, nor register of deeds, shall continue to hold his said 
office after being elected a member of the Congress of the United States, 
and accepting that trust; but the acceptance of such trust by any of 
the officers aforesaid shall be deemed and taken to be a resignation of 
his said office; and judges of the courts of common pleas shall hold no 
other office under the government of this commonwealth, the office of 
justice of the peace and militia offices excepted. 

Art. IX. [If, at any time hereafter, any specific and particular Amendments 
amendment or amendments to the constitution be proposed in the how°made! '°°' 
general court, and agreed to by a majority of the senators and two Jup^^seded^by 
thirds of the members of the house of representatives present and Art. ^lviii, 
voting thereon, such proposed amendment or amendments shall be iv, and 
entered on the journals of the two houses, with the yeas and nays An. xlvi'ii, 
taken thereon, and referred to the general court then next to be chosen, viaS.'vm. 
and shall be published ; and if, in the general court next chosen as afore- 
said, such proposed amendment or amendments shall be agreed to by a 
majority of the senators and two thirds of the members of the house 
of representatives present and voting thereon; then it shall be the duty 
of the general court to submit such proposed amendment or amend- 
ments to the people: and if they shall be approved and ratified by a 
majority of the qualified voters voting thereon, at meetings legally 
warned and holden for that purpose, they shall become part of the con- 
stitution of this commonwealth.] 

Art. X. The political year shall begin on the first Wednesday of ^eSt^f politi- 

January instead of the last Wednesday of May, and the general court gs'g^j^^as 349 

shall assemble every year on the said first Wednesday of January, and 603. 

shall proceed at that session to make all the elections, and do all the ^"n for '"^°"' 

other acts which are by the constitution required to be made and ann^iiy"^ 

done at the session which has heretofore commenced on the last Wednes- see Amend- 
ments, Art. 

day of May. And the general court shall be dissolved on the day next lxiv, § 3. 
preceding the first Wednesday of January, without any proclamation Termination 
or other act of the governor. But nothing herein contained shall pre- year" 
\ent the general court from assembling at such other times as they 
shall judge necessary, or when called together by the governor. [The Governor, etc., 
governor, lieutenant governor and councillors, shall also hold their see™Ame°nd- ' 
respective offices for one year next following the first Wednesday of lxiv', §"1.' 
January, and until others are chosen and qualified in their stead.] 

[The meeting for the choice of governor, lieutenant governor, senators Meetings for^ 
and representatives shall be held on the second Monday of November emor, lieuten- 
in every year; but meetings may be adjourned if necessary, for the etc when to' 
choice of representatives, to the next day, and again to the next sue- ^his^iause 
ceeding day, but no further. But in case a second meeting shall be ^"P^'^''J|Jf^'J,J'/ 
necessary for the choice of representatives, such meetings shall be held Art. xv. 
on the fourth Monday of the same month of November.] 

All the other provisions of the constitution, respecting the elections 
and proceedings of the members of the general court, or of any other 



50 



CONSTITUTION OF MASSACHUSETTS. 



Article, when 
to go into 
operation. 



Inconsistent 

provisions 

annulled. 

Religious 
freedom 
established. 
8 Met. 153. 
122 Mass. 40. 
239 Mass. 349. 
243 Mass. 331. 
263 Mass. 435. 
267 Mass. 472. 
272 Mass. 100. 

See Amend- 
ments, .\rt3. 
XLVI and 
XLVIII, The 
Initiative, II, 
§ 2. and The 
Referendum, 

in, § 2. 



Census of rata- 
ble polls to be 
taken in 18.37, 
and decennially 
thereafter. 
7 Mass. 523. 
This article 
superseded. 
See Amend- 
ments, Arts. 
XIII, XXI, 
XXII and 
LXXI. 

Representa- 
tives, how 
apportioned. 



Towns having 
less than 300 
ratable polls, 
how repre- 
sented. 



officers or persons whatever, that have reference to the last Wednesday 
of May, as the commencement of the political year, shall be so far 
altered as to have like reference to the first Wednesday of January. 

[This article shall go into operation on the first day of October next 
following the day when the same sl\all be duly ratified and adopted 
as an amendment of the constitution ; — and the governor, lieutenant 
governor, councillors, senators, representatives and all other state 
officers, who are annually chosen, and who shall be chosen for the 
current year when the same shall go into operation, shall hold their 
respective offices until the first Wednesday of January then next fol- 
lowing, and until others are chosen and qualified in their stead, and 
no longer — and the first election of the governor, lieutenant go\'ernor, 
senators and representatives to be had in virtue of this article shall 
be had conformably thereunto, in the month of November following 
the day on which the same shall be in force, and go into operation 
pursuant to the foregoing pro\ision. 

All the provisions of the existing constitution inconsistent with the 
provisions herein contained are hereby wholly annulled.] 

Art. XI. Instead of the third article of the bill of rights, the fol- 
lowing modification and amendment thereof is substituted. 

"As the public worship of God and instructions in piety, religion 
and morality, promote the happiness and prosperity of a people and the 
security of a republican government; — therefore, the several religious 
societies of this commonwealth, whether corporate or unincorporate, 
at any meeting legally warned and holden for that purpose, shall ever 
have the right to elect their pastors or religious teachers, to contract 
with them for their support, to raise money for erecting and repairing 
houses for public wor.ship, for the maintenance of religious instruction, 
and for the payment of necessary expenses: and all persons belonging 
to any religious society shall be taken and held to be members, until 
they shall file with the clerk of such society, a written notice, declar- 
ing the dissolution of their membership, and thenceforth shall not be 
liable for any grant or contract which may be thereafter made, or en- 
tered into by such society : — and all religious sects and denominations, 
demeaning themselves peaceably, and as good citizens of the common- 
wealth, shall be equally under the protection of the law; and no sub- 
ordination of any one sect or denomination to another shall ever be 
established by law." 

Art. XII. [In order to provide for a representation of the citizens 
of this commonwealth, founded upon the principles of equality a census 
of the ratable polls, in each city, town and district of the common- 
wealth, on the first day of INIay, shall be taken and returned into the 
secretary's office, in such manner as the legislature shall provide, within 
the month of May, in the year of our Lord one thousand eight hundred 
and thirty-seven, and in every tenth year thereafter, in the month of 
May, in manner aforesaid, and each town or city having three hundred 
ratable polls at the last preceding decennial census of polls may elect 
one representative, and for every four hundred and fifty ratable polls 
in addition to the first three hundred, one representative more. 

Any town having less than three hundred ratable polls shall be rep- 
resented thus; the whole number of ratable polls, at the last preceding 
decennial census of polls, shall be multiplied by ten, and the product 
di\ided by three hundred, and such town may elect one representative 



CONSTITUTION OF MASSACHUSETTS. 51 

as many years within ten years, as three hundred is contained in the 
product aforesaid. 

Any city or town having ratable polls enough to elect one or more Fractions, how 
representatives, with any number of polls beyond the necessary nuin- '^^p'''"""'^'^'^- 
ber, may be represented as to that surplus number by multiplying such 
surplus number by ten and dividing the product by four hundred and 
fifty; and such city or town may elect one additional representative as 
many years within the ten years as four hundred and fifty is contained 
in the product aforesaid. 

Any two or more of the several towns and districts may, by consent Towns may 
of a majority of the legal voters present at a legal meeting in each of rcsent'a"tived?8- 
said towns and districts respectively called for that purpose, and held '""'''■ 
previous to the first day of July in the year in which the decennial 
census of polls shall be taken, form themselves into a representative 
district, to continue until the next decennial census of polls, for the 
election of a representative or representatives, and such district shall 
have all the rights, in regard to representation, which would belong to 
a town containing the same number of ratable polls. 

The governor and council shall ascertain and determine within the The governor 
months of July and August, in the year of our Lord one thousand eight deferSe the 
hundred and thirty-seven, according to the foregoing principles, the ^eTmSiverto 
number of representatives, which each city, town and representative wWcheach 

J... •11 I 11 i« town 13 en- 

district IS entitled to elect, and the number of years within the period t'tied. 
of ten years then next ensuing, that each city, town and representative 
district may elect an additional representative, and where any town 
has not a sufficient number of polls to elect a representative each year 
then how many years within the ten jears, such town may elect a 
representative, and the same shall be done once in ten j-ears thereafter New appor- 
by the governor and council, and the number of ratable polls in each m°adronoe°ia''^ 
decennial census of polls, shall determine the number of representatives, years. '^" 
which each city, town and representative district may elect as afore- 
said, and when the number of representatives to be elected by each 
city, town or representative district is ascertained and determined as 
aforesaid, the governor shall cause the same to be publi-shed forthwith 
for the information of the people and that number shall remain fixed 
and unalterable for the period of ten years. All the provisions of the inconsistent 
existing constitution inconsistent with the provisions herein contained, annuK" 
are hereby wholly annulled.] 

Art. XIII. [A census of the inhabitants of each city and town, on Census. 
the first day of May, shall be taken, and returned into the secretary's pro^^s'imis a!*' 
office, on or before the last day of June, of the year one thousand eight t" <=ensu'j 
hundred and forty, and of every tenth year thereafter, Mhich census leeTmend- 
shall determine the apportionment of senators and representatives for xxi.'xxii 
the term of ten years. The several senatorial districts now existing shall """^ ^^-'^'' 
be permanent. The senate shall consist of forty members: and in the Senatorial dis- 
year one thousand eight hundred and forty, and every tenth year there- permat™?.'''"* 
after, the governor and council shall assign the number of senators to Pro\nsions as 
be chosen in each district, according to the number of inhabitants in the sSpCTsed°ed. 
same. But, in all cases, at-least one senator shall be assigned to each dis- mentTAns. 
trict. The members of the house of representatives shall be apportioned lxxV^""* 
in the following manner: Every town or city containing twelve hun- House of repre- 
dred inhabitants, may elect one representative; and two thousand four rpponSd.™ 
hundred inhabitants shall be the mean increasing number which shall Provisions as to 
entitle it to an additional representative. Every town containing less superstd^d.'^^ 



52 



CONSTITUTION OF MASSACHUSETTS. 



See Amend- 
ments. Arts. 
XXI and 
LXXI. 

Small towns, 
how repre- 
sented. 
Towns may 
unite into 
representative 
districts. 



Basis of 
representation, 
and ratio of 
increase. 



than twelve hundred inhabitants, shall be entitled to elect a representa- 
tive as many times, within ten years, as the number one hundred and 
si.xty is contained in the number of the inhabitants of said town. Such 
towns may also elect one representative for the year in which the valua- 
tion of estates within the commonwealth shall be settled. Any two or 
more of the several towns may, by consent of a majority of the legal 
voters present at a legal meeting, in each of said towns respectively, 
called for that purpose, and held before the first day of August, in the 
year one thousand eight hundred and forty, and every tenth year there- 
after, form themselves into a representative district, to continue for the 
term of ten years; and such district shall have all the rights in regard 
to representation, which would belong to a town containing the same 
number of inhabitants. The number of inhabitants which shall entitle 
a town to elect one representative, and the mean increasing number, 
which shall entitle a town or city to elect more than one, and also the 
number by which the population of towns, not entitled to a representa- 
tive every year, is to be divided, shall be increased respectively, by one 
tenth of the numbers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and seventy 
thousand, and for every additional increase of seventy thousand inhab- 
itants, the same addition of one tenth shall be made, respectively, to the 
said numbers above mentioned. In the year of each decennial census, 
the governor and council shall, before the first day of September, appor- 
tion the number of representatives which each city, town, and represent- 
ative district is entitled to elect, and ascertain how many years within 
ten years, any town may elect a representative, which is not entitled to 
elect one every year; and the governor shall cause the same to be pub- 
lished forthwith. Nine councillors shall be annually chosen from among 
the people at large, on the first Wednesday of January, or as soon there- 
after as may be, by the joint ballot of the senators and representatives 
assembled in one room, who shall, as soon as may be, in like manner, fill 
up any vacancies that may happen in the council, by death, resigna- 
tion, or otherwise. No person shall be elected a councillor, who has 
not been an inhabitant of this commonwealth for the term of five years 
immediately preceding his election; and not more than one councillor 
shall be chosen from any one senatorial district in the commonwealth.] 
No possession of a freehold or of any other estate shall be required as 
a qualification for holding a seat in either branch of the general court, 
or in the executive council. 

Art. XIV. In all elections of civil officers by the people of this 
commonwealth, whose election is provided for by the constitution, the 
person having the highest number of votes shall be deemed and declared 
to be elected. 

Art. XV. The meeting for the choice of governor, lieutenant- 
governor, senators and representatives, shall be held on the Tuesday 
next after the first Monday in November, [annually]; but in case of a 
failure to elect representatives on that day, a second meeting shall be 
holden for that purpose on the fourth Monday of the same month of 
November. 

For change to biennial elections, see Amendments, .\rt. LXH', § I. 

Eight council- Art. XVI. Eight couucillors sluill be [annually] chosen by the in- 
chosenbythe habitants of this commonwealth, qualihed to vote for goveriu)r. The 
122*11883. 594, election of councillors shall be determined by the same rule that is 

598. 



The governor 
and council to 
apportion the 
number of 
representatives 
of each town 
once in every 
ten years. 



Councillors to 
be chosen from 
the people at 
large. 

Provisions as 
to councillors 
superseded. 
See Amend- 
ments, Arts. 
XVI and 
LXXI 

Qualifications 
of councillors. 

Property _ 
qualifications 
for seat in 
general court 
or council 
al)olished. 

Election by 
people to be 
by plurality. 
251 Mass. 95. 



Time of annual 
election of 
governor, 
lieutenant- 
governor and 
members of 
the legislature. 



CONSTITUTION OF MASSACHUSETTS. 53 

required in the election of governor. The legislature, at its first session 239 Mass. 349. 
after this amendment shall have been adopted, and at its first session 254 MaS. bit! 
after the next state census shall have been taken, and at its first f""" ••hnnEo to 

11 -1 1 (> I 1 11 !• * 1 biennial elec- 

session after each decennial state census thereaiterwards, shall divide tions, see 
the commonwealth into eight districts of contiguous territory, each Art. lxiv, §'i. 
containing a number of inhabitants as nearly equal as practicable, with- ^f^f [.fj'J^t'a^te'' " 
out dividing any town or ward of a city, and each entitled to elect one 
councillor: provided, however, that if, at any time, the constitution Proviso, 
shall provide for the division of the commonwealth into forty senatorial 
districts, then the legislature shall so arrange the councillor districts 
that each district shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legislature. No 
person shall be eligible to the office of councillor who has not been Eligibility 
an inhabitant of the commonwealth for the term of five years im- 
mediately preceding his election. The day and manner of the election, Day and man- 
the return of the votes, and the declaration of the said elections, shall "t"" '^'^° '""' 
be the same as are required in the election of governor. [Whenever 
there shall be a failure to elect the full number of councillors, the va- vacandes. 
cancies shall be filled in the same manner as is required for filling p°"neJpro. 
vacancies in the senate: and vacancies occasioned bv death, removal vision as to 

1 • 1 11 1 fii 1 ■ IM " vacancies, see 

from the state, or otherwise, shall be hlled m like manner, as soon Amendments, 

as may be after such vacancies shall have happened.] And that there organization 

may be no delay in the organization of the government on the first °' government. 

Wednesday of January, the governor, with at least five councillors for 

the time being, shall, as soon as may be, examine the returned copies 

of the records for the election of governor, lieutenant-governor, and 

councillors; and ten days before the said first Wednesday in January 

he shall issue his summons to such persons as appear to be chosen, 

to attend on that day to be qualified accordingly; and the secretary 

shall lay the returns before the senate a.nd house of representatives 

on the said first Wednesday in January, to be by them examined; 

and in case of the election of either of said officers, the choice shall 

be by them declared and published; but in case there shall be no 

election of either of said officers, the legislature shall proceed to fill 

such vacancies in the manner provided in the constitution for the 

choice of such officers. 

Art. XVII. The secretary, treasurer and receiver-general, auditor. Election of 
and attorney-general, shall be cho.sen [annually,] on the day in Novem- ?reaslfrer,' 
ber prescribed for the choice of governor; and each person then chosen aUOT'no.v-gen- 
as such, duly qualified in other respects, shall hold his office for the "^"^^{l ^^^ 
term of [one year] from the third Wednesday in January next thereafter, |i*7 Mj>ss. mi. 
and until another is chosen and qualified in his stead. The qualification 240 Mass ooi. 
of the voters, the manner of the election, the return of the votes, and bi^nniSy? etc , 
the declaration of the election, shall be such as are required in the n'^en'tslTrl? 
election of governor. In case of a failure to elect either of said officers lxiv, § 1. 
on the day in November aforesaid, or in case of the decease in the 
mean time of the person elected as such, such officer shall be chosen on 
or before the third Wednesday in January next thereafter from the 
two persons who had the highest number of votes for said offices on 
the day in November aforesaid, by joint ballot of the senators and 
representatives in one room; and in case the office of secretary, or vacanciea, 
treasurer and receiver-general, or auditor, or attorney-general, shall 
become vacant from any cause during an annual or special session 
of the general court, such vacancy shall in like manner be filled by 



54 



CONSTITUTION OF MASSACHUSETTS. 



To qualify 
within ten 
days, other- 
wise office to 
be deemed 
vacant. 



Qualifications. 



School money 
not to be ap- 
plied for sec- 
tarian schools. 
12 Allen, 500, 
508. 

103 Mass. 94, 
96. 

For original 
provision as to 
schools, see 
Dec. of Rights, 
Art. III. 



Legislature to 
prescribe for 
election of 
sheriffs, regis- 
ters of probate, 

13 Gray, 74. 
110 Mass. 172. 
117 Mass. 599, 
603. 



Reading con- 
stitution in 
English and 
writing, neces- 
sany qualifica- 
tions of voters. 
Proviso. 
159 Mass. 413. 
237 Mass. 591. 

240 Mass. 264, 
601. 

241 Mass. 168. 
247 Mass. 583. 



Census of 
voters and 
inhabitants. 
7 Mass. 523. 
220 Mass. 609. 

239 Mass. 349. 

240 Mass. 601. 
247 Mass. 583. 
254 Mass. 617. 
257 Mass. 184. 
265 Mass. 19. 
269 Mass. 503. 
Op. A. G. 
(1920) 92. 
This article 
superseded by 
Amendments, 
Art. LXXI 
and annulled 
by Id. 

House of repre- 
aentafives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



choice from the people at large; but if such vacancy shall occur at any 
other time, it shall be supplied by the governor by appointment, with 
the advice and consent of the council. The person so chosen or ap- 
pointed, duly qualified in other respects, shall hold his office until his 
successor is chosen and duly qualified in his stead. In case any person 
chosen or appointed to either of the offices aforesaid, shall neglect, for 
the space of ten days after he could otherwise enter upon his duties, 
to qualify himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed shall be 
deemed vacant. No person shall be eligible to either of said offices 
unless he shall have been an inhabitant of this commonwealth five 
years next preceding his election or appointment. 

Art. XVIII. [All moneys raised by taxation in the towns and cities 
for the support of public schools, and all moneys which may be ap- 
propriated by the state for the support of common schools, shall be 
applied to, and expended in, no other schools than those which are 
conducted according to law, under the order and superintendence of 
the authorities of the town or city in which the money is to be expended ; 
and such moneys shall never be appropriated to any religious sect for 
the maintenance exclusively of its own schools,] 

This article superseded by .\mendments, Art. XLVI. 

Art. XIX. The legislature shall prescribe, by general law, for the 
election of sheriffs, registers of probate, [commissioners of insolvency,] 
and clerks of the courts, by the people of the several counties, and that 
district-attorneys shall be chosen by the people of the several districts, 
for such term of office as the legislature shall prescribe. 

121 Mass. 65. 239 Mass. 458. 240 Mass. 264, 611. Op. A. G. (1917) 24. 

See Amendments, Art. XXXVI. 

Art. XX. No person shall have the right to vote, or be eligible to 
oflSce under the constitution of this commonwealth, who shall not be 
able to read the constitution in the English language, and write his 
name: — provided, however, that the provisions of this amendment shall 
not apply to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now has the right 
to vote, nor to any persons who shall be sixty years of age or upwards 
at the time this amendment shall take effect. 

For other qualifications, see Amendments, Arts. Ill, XXVIII, XXX, XXXI, XXXII, XL. 
See also Amendments, Art. XXIII, which was annulled by Amendments, .\rt. XXVI. 

Art. XXI. [A census of the legal voters of each city and town, on 
the first day of May, shall be taken and returned into the office of the 
secretary of the commonwealth, on or before the last day of June, in 
the year one thousand eight hundred and fifty-seven; and a census of 
the inhabitants of each city and town, in the year one thousand eight 
hundred and sixty-five, and of every tenth year thereafter. In the 
census aforesaid, a special enumeration shall be made of the legal voters; 
and in each city, said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such cit,\'. The enu- 
meration aforesaid shall determine the apportionment of representatives 
for the periods between the taking of the census. The house of repre- 
sentatives shall consist of two hundred and forty members, which shall 
be apportioned, by the legislature, at its first session after the return of 
each enumeration as aforesaid, to the several counties of the common- 
wealth, equally, as nearly as may be, according to their relative numbers 
of legal voters, as ascertained by the next preceding special enumeration; 



CONSTITUTION OF MASSACHUSETTS. 55 

and the town of Cohasset, in the county of Norfolk, shall, for this pur- 
pose, as well as in the formation of districts, as hereinafter provided, 
be considered a part of the county of Plymouth; and it shall he the duty Secretary shall 
of the secretary of the commonwealth, to certify, as soon as may he ceM'luthori^ed 
after it is determined by the legislature, the number of representatives counUel': 
to which each county shall be entitled, to the board authorized to divide 
each county into representative districts. The mayor and aldermen of DHHsion of 
the city of Boston, the county commissioners of other counties than lo Cray' 6i3. 
Sufl'olk, — or in lieu of the mayor and aldermen of the city of Boston, 225 mIH'. m?' 
or of the county commissioners in each county other than Suffolk, such ^®' '^*' 
board of special commissioners in each county, to be elected by the 
people of the county, or of the towns therein, as may for that purpose 
be provided by law, shall, on the first Tuesday of August next after each 
assignment of representatives to each county, assemble at a shire town 
of their respective counties, and proceed, as soon as may be, to divide 
the same into representative districts of contiguous territory, so as to 
apportion the representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters in the sev- 
eral districts of each county; and such districts shall be so formed that 
no town or ward of a city shall be divided therefor, nor shall any district 
be made which shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding his election, Qualifications 
shall have been an inhabitant of the district for which he is chosen, and tWeT""^"''''' 
shall cease to represent such district when he shall cease to be an inhab- '^^ Mass. 594. 
itant of the commonwealth. The districts in each county shall be num- Districts to be 
bered by the board creating the same, and a description of each, with Sr'ibed'knd 
the numbers thereof and the number of legal voters therein, shall be "='="'fi<=<' 
returned by the board, to the secretary of the commonwealth, the 
county treasurer of each county, and to the clerk of every town in 
each district, to be filed and kept in their respective offices. The 
manner of calling and conducting the meetings for the choice of rep- 
resentatives, and of ascertaining their election, shall be prescribed by 
law.] (Not less than one hundred members of the house of representa- Quorum, 
tives shall constitute a quorum for doing business; but a less number ment^Zt 
may organize temporarily, adjourn from day to day, and compel the ^^^'H- 
attendance of absent members.] 

Art. XXII. [A census of the legal voters of each city and town, on Census, etc. 
the first day of May, shall be taken and returned into the office of the 122'Masf 594. 
secretary of the commonwealth, on or before the last day of June, in l^ l\lZ: til. 
the year one thousand eight hundred and fifty-seven; and a census of 254 Mass! ei?: 
the inhabitants of each city and town, in the year one thousand eight f^l^m^i 
hundred and sixty-five, and of every tenth year thereafter. In the xiiis article 
census aforesaid, a special enumeration shall be made of the legal voters, Amemin,fnt''s! 
and in each city said enumeration shall specify the number of such tndtn^Med 
legal voters aforesaid, residing in each ward of such city. The enu- ^y w. 
meration aforesaid shall determine the apportionment of senators for baJi"of*app°or- 
the periods between the taking of the census. The senate shall consist senaTo'rs' °' 
of forty members. The general court shall, at its first session after s.™ate to con- 
each next preceding special enumeration, divide the commonwealth menTbere. 
into forty districts of adjacent territory, each district to contain, as Senatorial 
nearly as may be, an equal number of legal voters, according to the enu- 
meration aforesaid : — provided, however, that no town or ward of a city 
shall be divided therefor; and such districts shall be formed, as nearly as 
may be, without uniting two counties, or parts of two or more counties, 



56 



CONSTITUTION OF MASSACHUSETTS. 



Qualifications 
of senators. 



Quorum. 
See Amend- 
ments. Art. 
XXXIII. 



Residence of 
two years re- 
quired of natu- 
ralized citizens 
to entitle to 
suffrage or 
make eligible 
to office. 
This article 
annulled by 
Amendments, 
Art. XXVI. 



Vacancies in 
senate. 



Vacancies in 

council. 

239 Mass. 349. 



Amendments, 
Art. XXIII 
relative to 
length of 
residence 
required of 
naturalized 
citizens to 
entitle to suf- 
frage or make 
eligible 
to office, 
annulled. 



Officers of 
Harvard 
College may be 
elected mem- 
bers of the 
general court. 

Persons having 
served in the 
V. S. army or 
navy, etc., not 
to be disquali- 
fied from vot- 
ing, etc. 
237 Mass. 591. 



Voting pre- 
cincts in towns. 
229 Mass. (iOI. 

For absentee 
voting provi- 
sion, see 
Amendments, 
Art. XLV. 



into one district. Each district shall elect one senator, who shall have 
been an inhabitant of this commonwealth five years at least immediately 
preceding his election, and at the time of his election shall be an in- 
habitant of the district for which he is chosen; and he shall cease to 
represent such senatorial district when he shall cease to be an inhab- 
itant of the commonwealth.] [Not less than sixteen senators shall 
constitute a quorum for doing business; but a less number may organize 
temporarily, adjourn from day to day, and compel the attendance of 
absent members.] 

Art. XXIII. [No person of foreign birth shall be entitled to vote, 
or shall be eligible to office, unless he shall have resided within the 
jurisdiction of the United States for two years subsequent to his nat- 
uralization, and shall be otherwise qualified, according to the constitu- 
tion and laws of this commonwealth: provided, that this amendment 
shall not affect the rights which any person of foreign birth possessed 
at the time of the adoption thereof; and, provided, further, that it shall 
not affect the rights of any child of a citizen of the United States, born 
during the temporary absence of the parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled by election 
by the people of the unrepresented district, upon the order of a majority 
of senators elected. 

Art. XXV. In case of a vacancy in the council, from a failure of 
election or other cause, the senate and house of representatives shall, 
by concurrent vote, choose some eligible person from the people of 
the district wherein such vacancy occurs, to fill that office. If such 
vacancy shall happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the same by ap- 
pointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles of amendment 
of the constitution of this commonwealth, which is as follows, to wit : — 
"No person of foreign birth shall be entitled to vote, or shall be eligible 
to office, unless he shall have resided within the jurisdiction of the 
United States, for two years subsequent to his naturalization, and shall 
be otherwise qualified according to the constitution and laws of this 
commonwealth: provided, that this amendment shall not affect the 
rights which any person of foreign birth possessed at the time of the 
adoption thereof; and provided, further, that it shall not affect the rights 
of any child of a citizen of the United States, born during the temporary 
absence of the parent therefrom," is hereby wholly annulled. 

Art. XXVII. So much of article two of chapter six of the consti- 
tution of this commonwealth as relates to per.sons holding the office 
of president, professor or instructor of Harvard College is hereby 
annulled. 

Art. XXVIII. No person having served in the army or navy of the 
United States in time of war, and ha\ing been honorably discharged 
from such service, if otherwise qualified to vote, shall be disqualified 
therefor on account of [being a pauper;] or [, if a pauper,] because of 
the non-payment of a poll tax. 

Amended by Amendments, Art. XXXI. 

Art. XXIX. The general court shall have full power and authority 
to provide for tiie inhabitants of the towns in this commonwealth 
more than one place of public meeting within the limits of each town 
for the election of officers under the constitution, and to prescribe the 
manner of calling, holding and conducting such meetings. All the 



CONSTITUTION OF MASSACHUSETTS. 57 

provisions of the existing constitution inconsistent with the provisions 
herein contained are hereby annulled. 

Art. XXX. No person, otherwise qualified to vote in elections for Voter.s not dis- 
governor, lieutenant-governor, senators, and representatives, shall, by ?e"«m''of''^ 
reason of a change of residence within the commonwealth, be disqualificil 'tei'c'e until mx 
from voting for said officers in the city or town from wiiich he has {"""'of '""' 
removed his residence, until the expiration of six calendar months 240 m"'' 
from the time of such removal. 

1 Op. A. G. 69. 

For absentee voting provision, see Amendments, Art. XLV. 

Art. XXXI. Article twenty-eight of the amendments of the con- Amendments, 
stitution is hereby amended by striking out in the fourth line thereof amendeY'"' . 
the words "being a pauper", and inserting in place thereof the words: 
— receiving or having received aid from any city or town, — and also 
by striking out in said fourth line the words "if a pauper", so that 
the article as amended shall read as follows: Article XXVIII. No Person who 
person having served in the army or navy of the United States in time o^nlvyre"™^ 
of war, and having been honorably discharged from such service, if ro^vMing'^'''^ 
otherwise qualified to vote, shall be disqualified therefor on account of J°ee^vedTid 
receiving or ha\ing recei\ed aid from any city or town, or because °' '"f "°"- 
of the non-payment of a poll tax. pofrtas, elc. 

237 Mass. 591. 240 Mass. 601. 

Art. XXXII. So much of article three of tlie amendments of the Provisions of 
constitution of the commonwealth as is contained in the following ArrniTreia- 
words: "and who shall have paid, by himself, or his parent, master, or ^^elt°oF^\lx 
guardian, any state or county tax, which shall, within two years next fjuaiificatlon 
preceding such election, have been assessed upon him, in any town or oSy m"'' sm 
district of this commonwealth; and also every citizen who shall be, 
by law, exempted from taxation, and who shall be, in all other respects, 
qualified as above mentioned ", is hereby annulled. 

Art. XXXIII. Amajority of the members of each branch of the gen- Quorum, in 
eral court shall constitute a quorum for the transaction of business, but g?nera[™un?^ 
a less number may adjourn from day to day, and compel the attend- majority'of 
ance of absent members. All the provisions of the existing constitution members. 
inconsistent with the provisions herein contained are hereby annulled. 

Art. XXXIV. So much of article two of section one of chapter two Provisions of 
of part the second of the constitution of the commonwealth as is con- n?"sec't.'^'!''''' 
tained in the following words: "and unless he shall at the same time, ^^ektiveto 
be seised in his own right, of a freehold within the commonwealth of fcatfo'fof'Kov- 
the value of one thousand pounds"; is hereby annulled. ""°l;'^""""^'"^- 

A '^^'VVlT o I p • 1 p ' n 1 240 Mass. faOl. 

ART. AAAv . bo much or article two oi section three or chapter one Provisions of 
of the constitution of the commonwealth as is contained in the following s^c't^Viii'""'' ^' 
words: "The expenses of travelling to the general assembly, and return- ^^^,"5 to 
ing home, once in every session, and no more, shall be paid by the fpense of 

' .(■.111- . 1 1 11 travellmgto 

government, out ot the public treasury, to every member wdio shall the general 
attend as seasonably as he can, in the judgment of the house, and does members of the 
not depart without leave ", is hereby annulled. house, annulled. 

Art. XXXVI. So much of article nineteen of the articles of amend- 
ment to the constitution of the commonwealth as is contained in the 
following words "commissioners of insolvency", is hereby annulled. 

Provisions of Amendments, Art. XIX, relative to providing for election of commissioners of insol- 
vency, annulled. 

Art. XXXVII. The governor, with the consent of the council, may Removal of 
remove justices of the peace and notaries public. the peace and 

notaries public. 



58 



CONSTITUTION OF MASSACHUSETTS. 



Voting Art. XXXVIII. Voting machines or other mechanical devices for 

machines may . i n i • i i ■ i 

be used at votrng may be used at all elections under such regulations as may be 
196 Mass. 410. prescribed by law : provided, however, that the right of secret voting 

1 Op. A. G. 602. 1 11 1 J 

shall be preserved. 

For compulsory voting, see Amendments, Art. LXI. 



Powers of 
legislature 
relative to 
excess taliinga 
of land, etc., 
for laying out. 
widening or 
relocating 
highways, etc. 

I^roviso. 



Amendments, 
Art. Ill rela- 
tive to quali- 
fications 
of voters, 
amended. 

Taxation of 

wild or forest 

lands. 

270 Mass. 593. 



Referendum. 
This article 
superseded by 
Amendments, 
Art. XLVIII, 
and annulled 
by Id., General 
Provisions, 
VIII. 



Powers of 
general court 
relative to the 
taking of land, 
etc., to relieve 
congestion of 
population 
and to provide 
homes for 
citizens. 
4 0p. A.G. 516 



General court 
may provide 
for taxing 
incomes. 

226 Mass. 268. 

227 Mass. 522. 
234 Mass. 42. 
237 Mass. 493, 
523. 

239 Mass. 410. 
242 Mass. 242. 
247 Mass. 490. 
259 Mass. 1. 
266 Mass. 547, 
683. 

270 Mass. .593. 
252 U. S. 169. 



Art. XXXIX. Article ten of part one of the constitution is hereby 
amended by adding to it the following words: — The legislature may 
by special acts for the purpose of laying out, widening or relocating 
highways or streets, authorize the taking in fee by the commonwealth, 
or by a county, city or town, or more land and property than are needed 
for the actual construction of such highway or street: provided, however, 
that the land and property authorized to be taken are specified in the 
act and are no more in extent than would be sufficient for suitable 
building lots on both sides of such highway or street, and after so much 
of the land or property has been appropriated for such highway or 
street as is needed therefor, may authorize the sale of the remainder 
for value with or without suitable restrictions. 

Art. XL. Article three of the amendments to the constitution is 
hereby amended by inserting after the word "guardianship", in line 
two, the following : — and persons temporarily or permanently dis- 
qualified by law because of corrupt practices in respect to elections. 

Art. XLI. Full power and authority are hereby given and granted 
to the general court to prescribe for wild or forest lands such methods 
of taxation as will develop and conserve the forest resources of the 
commonwealth. 

Art. XLII. [Full power and authority are hereby given and granted 
to the general court to refer to the people for their rejection or approval 
at the polls any act or resolve of the general court or any part or parts 
thereof. Such reference shall be by a majority yea and nay vote of all 
members of each house present and voting. Any act, resolve, or part 
thereof so referred shall be \oted on at the regular state election next 
ensuing after such reference, shall become law if appro\'ed by a majority 
of the voters voting thereon, and shall take effect at the expiration of 
thirty days after the election at which it was approved or at such time 
after the expiration of the said thirty days as may be fixed in such act, 
resolve or part thereof.] 

Art. XLIII. The general court shall have power to authorize the 
commonwealth to take land and to hold, improve, sub-divide, build 
upon and sell the same, for the purpose of relieving congestion of pop- 
ulation and providing homes for citizens: provided, however, that this 
amendment shall not be deemed to authorize the sale of such land or 
buildings at less than the cost thereof. 

Op. A. G. (1920) 241. 

Art. XLIV. Full power and authority are hereby given and granted 
to the general court to impose and levy a tax on income in the manner 
hereinafter provided. Such tax may be at ditt'erent rates upon income 
derived from different classes of property, but shall be levied at a uni- 
form rate throughout the commonwealth upon incomes deri\-ed from 
the same class of property. The general court may tax income not de- 
rived from property at a lower rate than income derived from iM-o[)erty, 
and may grant reasonable exemptions aiul abatements. Any class of 
property the income from which is taxed under the i)ro\isions of this 



CONSTITUTION OF MASSACHUSETTS. 59 

article may be exempted from the imposition and levying of propor- 2.50 u. s. ss9. 
tional and reasonable assessments, rates and taxes as at present author- (1920) 20s. 
ized by the constitution. This article shall not be construed to limit 
the power of the general court to impose and levy reasonable duties 
and excises. 

Art. XLV. The general court shall have power to provide by law General court 
for voting by qualified voters of the commonwealth who, at the time fOTahsTntee 
of an election, are absent from the city or town of which they are in- SuMass. 349. 
habitants in the choice of any officer to be elected or upon any question ' '-'f' '^- ^- ^^^• 
submitted at such election. 

For compulsory voting, see Amendments, Art. LXI. 

Art. XLVI. (In place of and substitution for article XVIII Substitute for 

»i •, p ^ ni ■■Si x>T-TTT Amendments, 

or the articles or amendment of the constitution.) Article XvIII. Art. xviii. 
Section 1. No law shall be passed prohibiting the free exercise of fJe'Sim!* 

reliffion. ^^'^ Mass. 435. 

Section 2. All moneys raised by taxation in the towns and cities Public money 
for the support of public schools, and all moneys which may be ap- pcnded t'o'^aid 
propriated by the commonwealth for the support of common schools wh'„ny*un"de"°' 
shall be applied to, and expended in, no other schools than those which sh" anT"'"^' 
are conducted according to law, under the order and superintendence lo^^'^ljsf 94 
of the authorities of the town or city in which the money is expended; i^a iwass. 571. 

J ^ . . e 1 1- .'1 214 Mas.s. 599. 

and no grant, appropriation or use of public money or property or lOp. a.g. 319, 
loan of public credit shall be made or authorized by the commonwealth 2 op. a.g. 75. 
or any political division thereof for the purpose of founding, maintain- s^op. a. g. 153. 
ing'or aiding any school or institution of learning, whether under public figigy^' 
control or otherwise, wherein any denominational doctrine is inculcated, Op^^- ^ j^ 
or any other school, or any college, infirmary, hospital, institution, or 102. ' 
educational, charitable or religious undertaking which is not publicly (1920) 10b, ue. 
owned and under the exclusive control, order and superintendence of 
public officers or public agents authorized by the commonwealth or 
federal authority or both, except that appropriations may be made Exceptions. 
for the maintenance and support of the Soldiers' Home in Massachu- 
setts and for free public libraries in any city or town, and to carry out 
legal obligations, if any, already entered into; and no such grant, ap- Giving or 
propriation or use of public money or property or loan of public credit ortho^com- ' 
shall be made or authorized for the purpose of founding, maintaining ^Sled'hy 
or aiding any church, religious denomination or society. AJ-rLxiY'Ti 

Section 3. Nothing herein contained shall be construed to prevent Care or sup- 
the commonwealth, or any political division thereof, from paying to hospitaCetc.f 
privately controlled hospitals, infirmaries, or institutions for the deaf, areTubUc "''° 
dumb or blind not more than the ordinary and reasonable compensa- °^^^b^- 
tion for care or support actually rendered or furnished by such hos- 
pitals, infirmaries or institutions to such persons as may be in whole 
or in part unable to support or care for themsehes. 

Section 4. Nothing herein contained shall be co.nstrued to deprive inmates of cer- 
any inmate of a publicly controlled reformatory, penal or charitable iTons'no't'to be 
institution of the opportunity of religious exercises therein of his own ^^ious e°xcr- 
faith; but no inmate of such institution shall be compelled to attend fitth-^no'j''''^ 
religious ser\ices or receive religious instruction against his will, or, if compelled to 

... I „ Y . • . attend ser\ace3, 

a minor, without the consent or his parent or guardian. etc. 

Section 5. This amendment shall not take effect until the October Time of 
first next succeeding its ratification and adoption by the people. taking effect. 

This amendment not to be the subject of an initiative amendment. See .Amendments, Art. XL^^II, 
The Initiative, II, § 2. 



60 



CONSTITUTION OF MASSACHUSETTS. 



General court 
may provide 
for distribu- 
tion of food, 
etc., in time of 
war, etc., by 
the common- 
wealth, cities 
and towns. 
239 Mass. 349. 



Art. XLVII. The maintenance and distribution at reasonable rates, 
during time of war, public exigency, emergency or distress, of a sufficient 
supply of food and other common necessaries of life and the providing 
of shelter, are public functions, and the commonwealth and the cities 
and towns therein may take and may provide the same for their inhab- 
itants in such manner as the general court shall determine. 

242 Mass. 508. Op. A. G. (1918) 29. 



Initiative and 
referendum, 
definition. 
236 Mass. 463. 
239 Mass. 349. 
247 Mass. 5S3. 
254 Mass. 617. 
2.55 Mass. 369. 
257 Mass. 91. 

259 Mass. 14. 

260 Mass. 423. 

261 Mass. 523. 



Art. XLVIII. 
I. Definition. 

Legislative power shall continue to be vested in the general court; 
but the people reserve to themselves the popular initiative, which is 
the power of a specified number of voters to submit constitutional 
amendments and laws to the people for approval or rejection ; and the 
popular referendum, which is the power of a specified number of voters 
to submit laws, enacted by the general court, to the people for their 
ratification or rejection. 



262 Mass. 603. 
267 Mass. 430. 



269 Mass. 503. 
271 Mass. 582. 



Contents 
of initiative 
petition. 
262 Mass. 603. 

Certain mat- 
ters shall not 
be proposed 
by initiative 
petition. 
257 Mass. 91. 
262 Mass. 603. 
269 Mass. 503. 
271 Mass. 582. 



Duty of gen- 
eral court to 
carry out law 
approved by 
the people. 



Anti-aid 
amendment, 
so-called (.\rt. 
XLVI), not 
to be subject 
of initiative 
amendment. 
Certain indi- 
vidual rights 
not to be 
subject of 
initiative or 
referendum 
petition. 



Further 
excluded 
mutters. 



The Initi.\tive. 
II. Initiative Petitions. 

Section 1. Contents. — An initiative petition shall set forth the full 
text of the constitutional amendment or law, hereinafter designated 
as the measure, which is proposed by the petition. 

Section 2. Excluded Matters. — No measure that relates to religion, 
religious practices or religious institutions; or to the appointment, 
qualification, tenure, removal, recall or compensation of judges; or 
to the reversal of a judicial decision; or to the powers, creation or 
abolition of courts; or the operation of which is restricted to a par- 
ticular town, city or other political division or to particular districts 
or localities of the commonwealth; or that makes a specific appropria- 
tion of money from the treasury of the commonwealth, sliall be proposed 
by an initiative petition; but if a law approved by the people is not 
repealed, the general court shall raise by taxation or otheiVise and shall 
appropriate such money as may be necessary to carry such law into 
eftect. 

Neither the eighteenth amendment of the constitution, as approved 
and ratified to take eftect on the first day of October in the year nine- 
teen hundred and eighteen, nor this provision for its protection, shall 
be the subject of an initiative amendment. 

No proposition inconsistent with any one of the following rights of 
the individual, as at present declared in the declaration of rights, shall 
be the subject of an initiative or referendum petition: The right to 
receive compensation for private property appropriated to public use; 
the right of access to and protection in courts of justice; the right of 
trial by jury; protection from unreasonable search, unreasonable bail 
and the law martial ; freedom of the press ; freedom of speech; freedom 
of elections; and the right of peaceable assembly. 

No part of the constitution specifically excluding any matter from 
the operation of the popular initiative and rcfcri'iidum shall l)e tlie 
subject of an initiative petition; nor shall this section be the subject 
of such a petition. 



CONSTITUTION OF MASSACHUSETTS. 61 

The limitations on the legislative power of the general court in the Certain 
constitution shall extend to the legislative power of the people as exer- limitations 
cised hereunder. 

Section 3. Mode of Originating. — Such petition shall first be signed origfLting 
bv ten qualified voters of the commonwealth and shall then be sub- "tc ' 

, , 1 1 -r. 1 in ,•!■ ,1 , ji 2;j5 Mass. 366. 

mitted to the attorney-general, and it he shall certify that the measure 257 Mass. 91. 
is in proper form for submission to the people, and that it is not, either 271 iilll'. 582'. 
affirmatively or negatively, substantially the same as any measure 
which has been qualified for submission or submitted to the people 
within three years of the succeeding first Wednesday in December and 
that it contains only subjects not excluded from the popular initiative 
and which are related or which are mutually dependent, it may then 
be filed with the secretary of the commonwealth. The secretary of f^fcommon- 
the commonwealth shall provide blanks for the use of subsequent S'bia'nk"^' 
signers, and shall print at the top fif each blank a description of the forms, etc. 
proposed measure as such description will appear on the ballot to- 
gether with the names and residences of the first ten signers. All 
initiative petitions, with the first ten signatures attached, shall beTimeoffiUng 
filed with the secretary of the commonwealth not earlier than the first p''""°™- 
Wednesday of the September before the assembling of the general 
court into which they are to be introduced, and the remainder of the 
required signatures shall be filed not later than the first Wednesday 
of the following December. 

Section 4. Transmission to the General Court. — If an initiative Transmission 
petition, signed by the required number of qualified voters, has been measure to the 
filed as aforesaid, the secretary of the commonwealth shall, upon the is^Mass^'gi; 
assembling of the general court, transmit it to the clerk of the house of 
representatives, and the proposed measure shall then be deemed to be 
introduced and pending. 

///. Legislative Action. General Provisions. 
Section 1. Reference to Committee. — If a measure is introduced Reference to 
into the general court by initiative petition, it shall be referred to a committee and 

, „ , ' . . ^ 1 11 ... Ill report thereon. 

committee thereof, and the petitioners and all parties in interest shall 254 Mass. 617. 
be heard, and the measure shall be considered and reported upon to 
the general court with the committee's recommendations, and the 
reasons therefor, in writing. Majority and minority reports shall be 
signed by the members of said committee. 

Section 2. Legislative Substitutes. — The general court may, by Legislative 
resolution passed by yea and nay vote, either by the two houses sep- fnitLuve" 
arately, or in the case of a constitutional amendment by a majority of 25TM'a^ss. 617. 
those voting thereon in joint session in each of two years as hereinafter ^^J ^^l^- ^^^^■ 
provided, submit to the people a substitute for any measure intro- 261 Mass. 523. 
duced by initiative petition, such substitute to be designated on the 
ballot as the legislative substitute for such an initiative measure and 
to be grouped with it as an alternative therefor. 

IV. Legislative Action on Proposed Constitutional Amendments. 
Section 1. Definition. — A proposal for amendment to the consti- Definition of 

1 ..... .. UIIU initiative 

tution introduced into the general court by initiative petition shall be amendment^ 
designated an initiative amendment, and an amendment introduced substit^ute. 
by a member of either house shall be designated a legislative sub- 
stitute or a legislative amendment. 



62 



CONSTITUTION OF MASSACHUSETTS. 



Joint session 
to consider 
amendment to 
the constitu- 
tion. 
237 Mass. 589. 



When governor 
shall call joint 
session. 



Proposed 
amendment 
to the consti- 
tution, form 
in which to be 
voted upon. 



Final legisla- 
tive action to 
be taicen by 
yeas and navs. 
237 Mass. 589. 



Reference to 
next general 
court. 



Submission of 
amendment 
to the people. 
226 Mass. 607. 
237 Mass. 589. 
3 Op. A. G. 370 



When 

amendment 
becomes part 
of the con- 
stitution. 



Section 2. Joint Session. ■ — If a proposal for a specific amend- 
ment of the constitution is introduced into the general court by initi- 
ative petition signed by not less than twenty-five thousand qualified 
voters, or if in case of a proposal for amendment introduced into the 
general court by a member of either house, consideration thereof in 
joint session is called for by vote of either house, such proposal shall, 
not later than the second Wednesday in June, be laid before a joint 
session of the two houses, at which the president of the senate shall 
preside; and if the two hou.ses fail to agree upon a time for holding any 
joint session hereljy required, or fail to continue the same from time 
to time until final action has been taken upon all amendments pending, 
the governor shall call such joint session or continuance thereof. 

Section 3. Amendment of Proposed Amendments. — A proposal for 
an amendment to the constitution introduced by initiative petition 
shall be voted upon in the form in which it was introduced, unless such 
amendment is amended by vote of three-fourths of the members voting 
thereon in joint session, which vote shall be taken by call of the yeas 
and nays if called for by any member. 

Section 4. Lecjislative Action. — Final legislative action in the 
joint session upon any amendment shall be taken only by call of the 
yeas and nays, which shall be entered upon the journals of the two 
houses; and an unfavorable vote at any stage preceding final action 
shall be verified by call of tlie yeas and nays, to be entered in like 
manner. At such joint session a legislative amendment receiving the 
affirmative votes of a majority of all the members elected, or an initi- 
ative amendment receiving the affirmative votes of not less than one- 
fourth of all the members elected, shall be referred to the next general 
court. 

Section 5. Submission to the People. — If in the next general court 
a legislative amendment shall again be agreed to in joint session by a 
majority of all the members elected, or if an initiative amendment or a 
legislative substitute shall again receive the affirmative votes of at least 
one-fourth of all the members elected, such fact shall be certified by 
the clerk of such joint session to the secretary of the commonwealth, 
who shall submit the amendment to the people at the next state elec- 
tion. Such amendment shall become part of the constitution if ap- 
proved, in the case of a legislative amendment, by a majority of the 
voters voting thereon, or if approved, in the case of an initiative amend- 
ment or a legislative substitute, by voters equal in number to at least 
thirty per cent of the total number of ballots cast at such state election 
and also by a majority of the voters voting on such amendment. 



Legislative 

f)rocedure on 
aw proposed 
by initiative 
petition, etc. 
257 Mass. 91. 
269 Mass. 503. 



r. Legislative Action on Proposed Laws. 

Section 1. Legislative Procedure.- — If an initiative petition for a 
law is introduced into the general court, signed by not less than twenty 
thousand qualified voters, a vote shall be taken by yeas and nays in 
both houses before the first Wednesday of June upon the enactment 
of such law in the form in which it stands in such petition. If the 
general court fails to enact such law before the first Wednesday of 
June, and if such petition is completed by filing with the secretary of 
the commonwealth, not earlier than the first Wednesday of the follow- 
ing July nor later than the first Wednesday of the following August, 
not less than five thousand signatures of qualified voters, in addition 



CONSTITUTION OF MASSACHUSETTS. 63 

to tliose signins such initiative petition, which signatures must have 
been ohtaiiied after the first Wethiesday of June aforesaid, then the 
secretary of the commonwealth shall submit such pro{)()sed law to the 
peojjle at the next state election. If it shall be approved by voters when measure 
equal in number to at least thirty per cent of the total number of ballots andTakel"'" 
cast at such state election and also by a majority of the voters voting *'''""■■ 
on such law, it shall become law, and shall take effect in thirty days 
after such state election or at such time after such election as may be 
provided in such law. 

Section 2. Amendment by Petitioners. — If the general court fails Amendment 
to pass a proposed law before the first Wednesday of June, a majority fiwi°ype'ti'- 
of the first ten signers of tlie initiative petition therefor shall ha\e the sL°bn"isJi'on of 
right, subject to certification by the attorney-general filed as herein- ^o" ^b '° 
after provided, to amend the measure which is the subject of such fg"*""'^ °' 
petition. An amendment so made shall not invalidate any signature wealth. 
attached to the petition. If the measure so amended, signed by a 
majority of the first ten signers, is filed with the secretary of the com- 
monwealth before the first \\'ednesday of the following July, together 
with a certificate signed by the attorney-general to the effect that the 
amendment made by such proposers is in his opinion perfecting in its 
nature and does not materially change the substance of the measure, 
and if such petition is completed by filing with the secretary of the 
commonwealth, not earlier than the first Wednesday of the following 
July nor later than the first Wednesday of the following August, not 
less than five thousand signatures of qualified voters, in addition to 
those signing such initiative petition, which signatures must have been 
obtained after the first Wednesday of June aforesaid, then the secretary 
of the commonwealth shall submit the measure to the people in its 
amended form. 

17. Conflicting and Alternative Measures. 

If in any judicial proceeding, provisions of constitutional amendments Conflicting 
or of laws approved by the people at the same election are held to be mel^ure"'""™ 
in conflict, then the pro\isions contained in the measure that received go«ra wh'n 
the largest number of affirmative votes at such election shall govern. theTeoptl'eto 

A constitutional amendment approved at any election siiall govern 
any law approved at the same election. 

The general court, by resolution passed as hereinbefore set forth. General court 
may provide for grouping and designating upon the ballot as conflicting fTyTpinl, 
measures or as alternative measures, only one of which is to be adopted, baUot.""" ""^ 
any two or more proposed constitutional amendments or laws which 
have been or may be passed or qualified for submission to the people 
at any one election: provided, that a proposed constitutional amendment Proviso. 
and a proposed law shall not be so grouped, and that the ballot shall 
afford an opportunity to the voter to vote for each of the measures or 
for only one of the measures, as may be provided in said resolution, or 
against each of the measures so grouped as conflicting or as alternative. 
In case more than one of the measures so grouped shall receive the vote Largest aSi 
required for its approval as herein provided, only that one for which the prevlu.' 
largest affirmative vote was cast shall be deemed to be approved. 



rma- 
vote to 



64 



CONSTITUTION OF MASSACHUSETTS. 



When laws 
passed by 
general court 
take effect. 
255 Mass. 369. 

267 Mass. 430. 

268 Mass. 38. 



Emergency 
law to contain 
preamble. 
236 Mass. 463. 
268 Mass. 38. 

Yea and nay 
vote on emer- 
gency pre- 
amble. 
See Amend- 
ments, Art. 
LXVII. 

How governor 
may cause 
certain laws 
to take effect 
forthwith. 



Exception. 



The Referendum. 
I. When Statutes shall take Effect. 

No law passed by the general court shall take effect earlier than 
ninety days after it has become a law, excepting laws declared to be 
emergency laws and laws which may not be made the subject of a 
referendum petition, as herein provided. 

Op. A. G. C1919) 78. Op. A. G. (1920) 194, 199. 

II. Emergency Measures. 

A law declared to be an emergency law shall contain a preamble 
setting forth the facts constituting the emergency, and shall contain 
the statement that such law is necessary for the immediate preserva- 
tion of the public peace, health, safety or convenience. [A separate 
vote shall be taken on the preamble by call of the yeas and nays, which 
shall be recorded, and unless the preamble is adopted by two-thirds of 
the members of each house voting thereon, the law shall not be an 
emergency law ; but] if the governor, at any time before the election at 
which it is to be submitted to the people on referendum, files with 
the secretary of the commonwealth a statement declaring that in his 
opinion the immediate preservation of the public peace, health, safety 
or convenience requires that such law should take effect forthwith and 
that it is an emergency law and setting forth the facts constituting the 
emergency, then such law, if not previously suspended as hereinafter 
provided, shall take effect without suspension, or if such law has been 
so suspended such suspension shall thereupon terminate and such law 
shall thereupon take effect: but no grant of any franchise or amend- 
ment thereof, or renewal or extension thereof for more than one year 
shall be declared to be an emergency law. 



///. Referendum Petitions. 
Contents. — A referendum petition may ask for a refer- 



Sferendum SECTION 1. 

petition. endum to the people upon any law enacted by the general court which 

236 Mass. 463. . i.iii'i 

239 Mass. 349. is not herein expressly excluded. 



268 Mass. 38. 



Certain mat- 
ters shall not 
be the subject 
of a referendum 
petition. 
255 Mass. 369. 
Op. A. G. 

(1919) 78. 
Op. A. G. 

(1920) 194, 199. 



Mode of 
petitioning 
for suspen- 
sion of a law 
and a 

referendum 
thereon. 
233 Mass. 543. 

Duties of the 
secretary of 
the common- 
wealth, etc. 



3 0p. A. G. 424. 



Op A. G. (1919) 95. 



Section 2. Excluded Matters. — No law that relates to religion, 
religious practices or religious institutions; or to the appointment, 
qualification, tenure, removal or compensation of judges; or to the 
powers, creation or abolition of courts; or the operation of which is 
restricted to a particular town, city or other political division or to 
particular districts or localities of the commonwealth; or that appropri- 
ates money for the current or ordinary expenses of the commonwealth 
or for any of its departments, boards, commissions or institutions shall 
be the subject of a referendum petition. 

Section 3. Mode of Petitioning for the Suspension of a Law and a 
Referendum thereon. — A petition asking for a referendum on a law, 
and requesting that the operation of such law be suspended, shall first 
be signed by ten qualified voters and shall then be filed with the secre- 
tary of the commonwealth not later than thirty days after the law that 
is the subject of the petition has become law. The secretary of the 
commonwealth shall provide blanks for the use of subsequent signers, 
and shall print at the top of each blank a description of the proposed 



CONSTITUTION OF MASSACHUSETTS. g5 

law as such description will appear on the ballot together with the 
names and residences of the first ten signers. If such petition is com- 
pleted by filing with the secretary of the commonwealth not later than 
ninety days after the law which is the subject of the petition has become 
law the signatures of not less than fifteen thousand qualified voters of 
the commonwealth, then the operation of such law shall be suspended, 
and the secretary of the commonwealth shall submit such law to the 
people at the next state election, if thirty days intervene between the 
date when such petition is filed with the secretary of the common- 
wealth and the date for holding such state election; if thirty days do 
not so intervene, then such law shall be submitted to the people at the 
next following state election, unless in the meantime it shall have been 
repealed; and if it shall be approved by a majority of the qualified sa°'ffo°/''"' 
voters voting thereon, such law shall, subject to the provisions of the approval, etc. 
constitution, take effect in thirty days after such election, or at such 
time after such election as may be provided in such law; if not so 
approved such law shall be null and void; but no such law shall be 
held to be disapproved if the negative vote is less than thirty per cent 
of the total number of ballots cast at such state election. 

Section 4. Petitions for Referendum on an Emergency Law or a Law Petition for 
the SitJijmmon of which is not asked for. — A referendum petition may lnemefge™cy° 
ask for the repeal of an emergency law or of a law which takes efi'ect Ih" s°uspinsTon 
because the referendum petition does not contain a request for sus- °^k''*'f'' '^ '"" 
pension, as aforesaid. Such petition shall first be signed by ten qual- 
ified voters of the commonwealth, and shall then be filed with the 
secretary of the commonwealth not later than thirty days after the 
law which is the subject of the petition has become law. The secretary Duties of 
of the commonwealth shall provide blanks for the use of subsequent ^heTommon- 
signers, and shall print at the top of each blank a description of the "*^'"'' ^"'• 
proposed law as such description will appear on the ballot together 
with the names and residences of the first ten signers. If such petition 
filed as aforesaid is completed by filing with the secretary of the com- 
monwealth not later than ninety days after the law which is the sub- 
ject of the petition has become law the signatures of not less than ten 
thousand qualified voters of the commonwealth protesting against such 
law and asking for a referendum thereon, then the secretary of the 
commonwealth shall submit such law to the people at the ne.xt state 
election, if thirty days intervene between the date when such petition 
is filed with the .secretary of the commonwealth and the date for holding 
such state election. If thirty days do not so intervene, then it shall 
be submitted to the people at the next following state election, unless 
in the meantime it shall have been repealed ; and if it shall not be ap- Votes neees- 
proved by a majority of the qualified voters voting thereon, it shall, Tpprl°l\. etc. 
at the expiration of thirty days after such election, be thereby repealed; 
but no such law shall be held to be disapproved if the negative vote is 
less than thirty per cent of the total number of ballots cast at such 
state election. 

General Provisions. 

/. Identification and Certification of Signatures. 
Provision shall be made bv law for the proper identification and identification 

,.£•,. j> . ; . . , . 1 ,1 rt , , a"d certifica- 

certuication oi signatures to the petitions hereinbefore referred to, and tionofsigna- 
for penalties for signing any such petition, or refusing to sign it, for S,*e°tc'!^"' 
money or other valuable consideration, and for the forgery of signa- 



66 



CONSTITUTION OF MASSACHUSETTS. 



tures thereto. Pending the passage of such legislation all provisions 
of law relating to the identification and certification of signatures to 
petitions for the nomination of candidates for state offices or to penalties 
for the forgery of such signatures shall apply to the signatures to the 
petitions herein referred to. The general court may provide by law 
that no co-partnership or corporation shall undertake for hire or reward 
to circulate petitions, may recjuire individuals who circulate petitions 
for hire or reward to be licensed, and may make other reasonable regu- 
lations to prevent abuses arising from the circulation of petitions for 
hire or reward. 

II. Limitation on Signatures. 

nlfmber"^' -^"ot more than one-fourth of the certified signatures on any petition 

260 M^ass 423 ^hall be those of registered voters of any one county. 



General rourt 
may by law- 
regulate pi'ti- 
tions circulated 
for hire or 
reward. 



Form of 
question on 
ballot, etc. 
271 Mass. 582. 



III. Form of Ballot. 

Each proposed amendment to the constitution, and each law sub- 
mitted to the people, shall be described on the ballots by a description 
to be determined by the attorney-general, subject to such pro\ision as 
may be made by law, and the secretary of the commonwealth shall 
give each question a number and cause such question, except as other- 
wise authorized herein, to be printed on the ballot in the following 
form : — 

In the case of an amendment to the constitution: Shall an amend- 
ment to the constitution (here insert description, and state, 
in distinctive type, whether approved or disapproved by 
the general court, and by what vote thereon) be appro\-ed? 

In the case of a law: Shall a law (here insert description, and state, 
in distinctive type, whether approved or disapproved by 
the general court, and by what \"ote thereon) be approved? 



YES. 




NO. 





YE.S. 

no7 



Certain in- 
formation for 
voters to be 
sent by 
secretary of 
the common- 
wealth. 
271 Mass. 582. 



7T'. Information for Voters. 

The secretary of the commonwealth shall cause to be printed and 
sent to each registered voter in the commonwealth the full text of 
every measure to be submitted to the people, together with a cop,\- of 
the legislative committee's majority and minority reports, if there 
be such, with the names of the majority and minority members thereon, 
a statement of the votes of the general court on the measure, and a 
description of the measure as such description will appear on the ballot; 
and shall, in such manner as may be provided by law, cause to be 
prepared and sent to the voters other information and arguments for 
and against the measure. 



I'. The Veto Power of the Governor. 
mencrto'c^er- The vcto powcr of the governor shall not extend to measures approved 

tain measures. \yy i\yQ people. 



VI. The General Court's Power of Repeal. 



rmendment Subjcct to the vcto powcr of the govemor and to the right of ref- 

"enerlT' '''rt crendum by petition as herein provided, the general court may amend 
or repeal a law approved by the people. 



CONSTITUTION OF MASSACHUSETTS. 67 



VII. Amendment declared to be Self -executing. 
This article of amendnicnt to the constitution is self-executing, but This amend- 

I . , . . . . , , . , . '11 ment to bo 

legislation not inconsistent with anythin<i; herein contained may be scif-executing, 
enacted to facihtate the operation of its provisions. 

17//. Articles IX and XLII of Amendments of the Constitution 

annulled. 

Article IX and Article XLII of the amendments of the constitution 
are hereby annulled. 

Amendments, Arts. IX and XLII relative to amending the constitution and referring acts or 
resolves to the people, annulled. 239 Mass. 349. 

Art. XLIX. The conservation, development and utilization of the Conservation, 
agricultural, mineral, forest, water and other natural resources of the natural re- 
commonwealth are public uses, and the general court shall have power common"' 
to provide for the taking, upon payment of just compensation therefor, alfMass 598 
of lands and easements or interests therein, including water and mineral 239 Mass! 349! 
rights, for the purpose of securing and promoting the proper conserva- 
tion, development, utilization and control thereof and to enact legisla- 
tion necessary or expedient therefor. 

Art. L. Advertising on public ways, in public places and on pri- Regulation by 
vate property within public view may be regulated and restricted by usTnS'o'ifpub- 

law. ^^ ways, etc. 

239 Mass. 349. 2G4 Mass. 85. 

Art. LI. The preservation and maintenance of ancient landmarks General court 
and other property of historical or antiquarian interest is a public use, "o^'^lmg'''' 
and the commonwealth and the cities and towns therein may, upon malC^etT''" 
payment of just compensation, take such property or any interest therein ^^^ '^''"^- ^■*^- 
under such regulations as the general court may prescribe. 

Art. LII. The general court, by concurrent vote of the two houses, General court 
may take a recess or recesses amounting to not more than thirty days; "ce^ss.'''""' 
but no such recess shall extend beyond the sixtieth day from the date fop^A'ai^i; 
of their first assembling. 

Art. LIII. Article X of Section I of Chapter II of the constitution, chap. ii. sect. 
the last two paragraphs of Article IV of the articles of amendment, lasttwo^para"- 
relathig to the appointment of a commissary general and the removal imendments, 
of militia officers, and Article V of the articles of amendment are herebv ^'''- 'Y ""'' ' 



Amendments, 



annulled, and the following is adopted in place thereof: Article X. An. v. an- 
All military and naval officers shall be selected and appointed and "upereeTed. 
may be removed in such manner as the general court may by law pre- MmfarTand^' 
scribe, but no such officer shall be appointed unless he shall have passed i;oX''i''''J,mte'd 
an examination prepared by a competent commission or shall have and removed, 
served one year in either the federal or state militia or in military 216 Mass. 605. 
service. All such officers who are entitled by law to receive commis- wg."' ^' *^' ^^' 
sions shall be commissioned by the governor. 

Art. LIV. Article VII of Section I of Chapter II of the constitu- chap. 11. Sect, 
tion is hereby annulled and the following is adopted in place thereof: .annulled "nd 
Article VII. The general court shall pro\ide l)y law for the recruit- 23rMal'.''349. 
ment, equipment, organization, training and discipline of the military Military and 
and naval forces. The go\'ernor shall be the commander-in-chief Kcmitnwnt,' 
thereof, and shall have power to assemble the whole or any part of 193 Mass. 406. 
them for training, instruction or parade, and to employ them for the f op'^rc.^llg 
suppression of rebellion, the repelling of invasion, and the enforcement 



68 



CONSTITUTION OF MASSACHUSETTS. 



Chap. II. Sect, 
in, Art. VI, 
annulled and 
superseded. 
239 Mass. 349. 

Order of 
succession in 
case of 
vacancy in 
offices of 
governor and 
lieutenant- 
governor. 



Return by 
governor to 
general court 
of bill or 
resolve for 
amendment, 

21.5 Mass. 57. 
239 Mass. 349. 
Op. A. G. 
(1919) 48. 



Amendments, 
Art, :V, 
amended. 
239 Mass. 349. 

Women may 
be appointed 
notaries 
public, etc. 



Chap. Ill, 
Art. I, 
amended. 
239 Mass. 349. 
271 Mass. 575. 

Judicial officers, 

retirement, 

etc. 



Every charter, 
etc., subject to 
revocation, etc. 
239 Mass. 349. 



Btiilding zones 

in cities and 

towns. 

234 Mass. 597. 

239 Mass. 349. 

250 Mass. 52, 

63, 73. 

Compulsory 
voting at 
elections. 
239 Mass. 349. 

Common- 
wealth's credit 
not to be 
given to private 
enterprises. 
239 Mass. 349. 
261 Mass. 523, 
556. 

Common- 
wealth may 
borrow money 
for certain 
purposes. 



of the laws. He may, as authorized by the general court, prescribe 
from time to time the organization of the military and naval forces 
and make regulations for their government. 

Art. LV. Article VI of Section III of Chapter II of the constitution 
is hereby annulled and the following is adopted in place thereof: When- 
ever the offices of governor and lieutenant-governor shall both be va- 
cant, by reason of death, absence from the commonwealth, or otherwise, 
then one of the following officers, in the order of succession herein 
named, namely, the secretary, attorney-general, treasurer and receiver- 
general, and auditor, shall, during such vacancy, have full power and 
authority to do and execute all and every such acts, matters and things 
as the governor or the lieutenant-governor might or could lawfully do 
or execute, if they, or either of them, were personally present. 

Art. LVI. The governor, within five days after any bill or resolve 
shall have been laid before him, shall have the right to return it to the 
branch of the general court in which it originated with a recommenda- 
tion that any amendment or amendments specified by him be made 
therein. Such bill or resolve shall thereupon be before the general 
court and subject to amendment and re-enactment. If such bill or 
resolve is re-enacted in any form it shall again be laid before the gov- 
ernor for his action, but he shall have no right to return the same a 
second time with a recommendation to amend. 

Art. LVII. Article IV of the articles of amendment of the consti- 
tution of the commonwealth is hereby amended by adding thereto the 
following words: — Women shall be eligible to appointment as notaries 
public. [Change of name shall render the commission void, but shall 
not prevent reappointment under the new name.] 

See Amendments, Art. LXIX, § 2. 

Art. LVIII. Article I of Chapter III of Part the Second of the con- 
stitution is hereby amended by the addition of the following words: — 
and provided also that the governor, with the consent of the council, 
may after due notice and hearing retire them because of advanced age 
or mental or physical disability. Such retirement shall be subject to 
any provisions made by law as to pensions or allowances payable to 
such officers upon their voluntary retirement. 

Art. LIX. Every charter, franchise or act of incorporation shall 
forever remain subject to revocation and amendment. 

261 Mass. 523, 556. 

Art. LX. The general court shall have power to limit buildings 
according to their use or construction to specified districts of cities and 
towns. 

255 Mass. 177. Op. A. G. (1919) 60. 

Art. LXI. The general court shall have authority to provide for 
compulsory voting at elections, but the right of secret voting shall be 
preserved. 

Art. LXII. Section 1. The credit of the commonwealth shall 
not in any manner be given or loaned to or in aid of any individual, or 
of any private association, or of any corporation which is privately 
owned and managed. 

Op. A. G. (1920) 116. 

Section 2. The commonwealth may borrow money to repel inva- 
sion, suppress insurrection, defend the commonwealth, or to assist the 
United States in case of war, and may also borrow money in anticipa- 



CONSTITUTION OF MASSACHUSETTS. 69 

tion of receipts from taxes or other sources, such loan to be paid out 
of the revenue of the year in which it is created. 

Section 3. In addition to the loans which may be contracted as Two-thMs 
before provided, the commonwealth may borrow money only by a vote, vote""! ""'' 
taken by the yeas and nays, of two-thirds of each house of the general r™S<ft"* 
court present and voting thereon. The governor shall recommend to [o"rTny "t h°er^ 
the general court the term for which any loan shall be contracted. purpose. 

Section 4. Borrowed money shall not be expended for any other Expenditure 
purpose than that for which it was borrowed or for the reduction or money 'iiVmtcd. 
discharge of the principal of the loan. 

Op. A. G. (1920) 56, 81. 

Art. LXIII. Section 1. Collection of Revemie. — All money re- Collection of 
ceived on account of the commonwealth from any source whatsoever 237'^Mass. so, 
shall be paid into the treasury thereof. ^^^' 

239 Mass. 349. 261 Mass. 523, 556. 269 Mass. 503. Op. A. G. (1920) 113. 

Section 2. TJw Budget. — Within three weeks after the convening The budget, 
of the general court the go\'ernor shall recommend to the general court ^sy'Mass.^so, 
a budget which shall contain a statement of all proposed expenditures 239 Mass. 349. 
of the commonwealth for the fiscal year, including those already author- 
ized by law, and of all taxes, revenues, loans and other means by which 
such expenditures shall be defrayed. This shall be arranged in such General court 
form as the general court may by law prescribe, or, in default thereof, form.'^t"^' 
as the governor shall determine. For the purpose of preparing his 
budget, the governor shall have power to require any board, commi.s- Governor 
sion, officer or department to furnish him with any information which "nFormat^OT. 
he may deem necessary. 

Sections. The (leneral Appropriation BUI. — All appropriations The general 
based upon the budget to be paid from taxes or revenues shall be incor- ^!y|"'''P"^"°° 
porated in a single bill which shall be called the general appropriation 493. '^^^^^ ^' 
bill. The general court may increase, decrease, add or omit items in ^^'-^ ^**^- ^*^- 
the budget. The general court may provide for its salaries, mileage, 
and expenses and for necessary expenditures in anticipation of appro- 
priations, but before final action on the general appropriation bill it 
shall not enact any other appropriation bill except on recommendation 
of the governor. The go\ernor may at any time recommend to the Supplementary 
general court supplementary budgets which shall be subject to the " ^''*^' 
same procedure as the original budget. 

Section 4. Sjwcial Appropriation Bills. — After final action on the Special appro- 
general appropriation bill or on recommendation of the governor, special may be 
appropriation bills may be enacted. Such bills shall provide the specific ^'""^"' ' '^ ^°' 
means for defraying the appropriations therein contained. 

Section 5. Submission to the Governor. — The governor may dis- Governor may 
approve or reduce items or parts of items in any bill appropriating etr,'^tems°'or 
money. So much of such bill as he approves shall upon his signing m an>°apprT 
the .same become law. As to each item disapproved or reduced, l)eP™"°°'"^' 
shall transmit to the house in which the bill originated his reason for 
such disapproval or reduction, and the procedure shall then be the 
same as in the case of a bill disapproved as a whole. In case he shall j^f^^^^n^w'^ 
fail so to transmit his reasons for such disapproval or reduction within unless, etc. ' 
five days after the bill shall have been presented to him, such items 
shall have the force of law unless the general court by adjournment 
shall prevent such transmission, in which case they shall not be law. 



70 



CONSTITUTION OF MASSACHUSETTS. 



Biennial elec- 
tion of cer- 
tain state 
officers 
councillors, 
senators and 
representa- 
tives; terms 
of office. 
237 Mass. 589. 
239 Mass. 349, 
603. 

2.54 Mass. 617. 
255 Mass. 369. 



Treasurer ineli- 
gible for more 
than three suc- 
cessive terms. 

General court 
to assemble 
annually. 



Art. LXIV. Section 1. The governor, lieutenant-governor, coun- 
cillors, secretary, treasurer and receiver-general, attorney-general, 
auditor, senators and representatives, shall be elected biennially. The 
go\ernor, lieutenant-governor and councillors shall hold their respective 
offices from the first Wednesday in January succeeding their election 
to and including the first Wednesday in January in the third year 
following their election and until their successors are chosen and quali- 
fied. The terms of senators and representatives shall begin with the 
first Wednesday in January succeeding their election and shall extend 
to the first Wednesday in January in the third year following their 
election and until their successors are chosen and qualified. The terms 
of the secretary, treasurer and receiver-general, attorney-general and 
auditor, shall begin with the third Wednesday in January succeeding 
their election and shall extend to the third Wednesday in January in 
the third year following their election and until their successors are 
chosen and ciualified. 

Section 2. No person shall be eligible to election to the office 
of treasurer and receiver-general for more than three successive 
terms. 

Section .3. The general court shall assemble every year on the 
first Wednesday in January. 

239 Mass. 603. 



When first 
election under 
this article 
shall be held, 
etc. 



Members of 
general court 
not to be ap- 
pointed to 
certain offices, 
nor receive 
compensation 
on recess 
committees, 
except, etc. 
239 Mass. 349. 
Op. A. G. 
(1919) 74. 

Organization 
of not more 
than twenty 
departments 
to perform the 
executive and 
administrative 
work of the 
common- 
wealth, 
except, etc. 
239 Mass. 349. 
271 Mass. 582. 

Amendments, 
Art. XLVIII, 
amended. 



When yea and 
nay vote 
shall be taken 
on emergency 
preamble. 



Section 4. The first election to which this article shall apply shall 
be held on the Tuesday next after the first Monday in November in 
the year nineteen hundred and twenty, and thereafter elections for the 
choice of all the officers before-mentioned shall be held biennially on 
the Tuesday next after the first Monday in November. 

Art. LXV. No person elected to the general court shall during 
the term for which he was elected be appointed to any office created 
or the emoluments whereof are increased during such term, nor receive 
additional salary or compensation for service upon any recess com- 
mittee or commission except a committee appointed to examine a 
general revision of the statutes of the commonwealth when submitted 
to the general court for adoption. 

Art. LXVI. On or before January first, nineteen hundred twenty- 
one, the executive and administrative work of the commonwealth shall 
be organized in not more than twenty departments, in one of which 
every executive and administrative office, boaril and commission, except 
those officers serving directly under the governor or the council, shall 
be placed. Such departments shall be under such supervision and 
regulation as the general court may from time to time prescribe by 
law. 

Art. LXVII. Article XLVIII of the Amendments to the Constitu- 
tion is hereby amended by striking out, in that part entitled "II. 
Emergency Measures", under the heading "The Referendum", the 
words " A separate vote shall be taken on the preamble by call of the 
yeas and nays, which shall be recorded, and unless the preamble is 
adopted by two-thirds of the members of each House voting thereon, 
the law shall not be an emergency law; but" and substituting the 
following: — A separate vote, which shall be recorded, shall be taken 
on the preamble, and unless the preamble is adopted by two-thirds of 
the members of each House voting thereon, the law shall not be an 



CONSTITUTION OF MASSACHUSETTS. 71 

emergency law. Upon the request of two members of the Senate or 
of five members of the House of Representatives, the vote on the pre- 
amble in such branch shall be taken by call of the yeas and nays. But 
Art. LXVIII. Article III of the amendments to the constitution, 
as amended, is hereby further amended by striking out, in the first line, 
the word "male". 

Amendments, Art. Ill, relative to qualifications of voters, amended to conform to Art. XIX of 
Amendments to U. S. Const. 

Art LXIX. Section 1. No person shall be deemed to be ineligible women not 
to hold state, county or municipal omce by reason ot sex. from holding 

Section 2. Article IV of the articles of amendment of the con- ^"^^^^^^^^'J^^ 
stitution of the commonwealth, as amended by Article LVII of said An^ivTs" ^' 
amendments, is hereby further amended by striking out the words aJI^lvI^^ 
"Change of name shall render the commission void, but shall not pre- ^"„^'J^Xd. 
vent reappointment under the new name", and inserting in place thereof Re-registration 
the following words: — Upon the change of name of any woman, she "'J^^^Jf^wi,. 
shall re-register under her new name and shall pay such fee therefor jj™g°|'"^ '^ 
as shall be established by the general court. 

Art. LXX. Article II of the articles of amendment to the con- Amendments, 
stitution of the commonwealth is hereby amended by adding at the amended. 
end thereof the following new paragraph : — Nothing in this article General court 

, n "ii'i. ■ XX mav establish 

shall prevent the general court rrom establishing in any corporate town limited town 
or towns in this commonwealth containing more than six thousand S^govemmTnt 
inhabitants a form of town government providing for a town meeting i°i'„°™"„,X 
limited to such inhabitants of the town as may be elected to meet, ^^^J^'^J^but 
deliberate, act and vote in the exercise of the corporate powers of the lessjhaii^tweive 
town subject to such restrictions and regulations as the general court inhabitants. 
may prescribe; provided, that such establishment be with the consent. Proviso. 
and on the application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meeting duly 
warned and holden for that purpose. 

Art. LXXI. Article XXI of the articles of amendment is hereby Art;,^^^/^"^^ 
annulled and the following is adopted in place thereof : to the <-on^«-^^ 

Article XXI. In the year nineteen hundred and thirty-five and and°uperseded. 
every tenth year thereafter a census of the inhabitants of each city Censu^^o' ^°- 
and town shall be taken and a special enumeration shall be made of enumeration 
the legal voters therein. Said special enumeration shall also specify "Jhenfakem"' 
the number of legal voters residing in each precinct of each town con- special enu- 
taining twelve thousand or more inhabitants according to said census "pedfy°number 
and in each ward of each city. Each special enumeration shall be the ?; J^^edncls'S 
basis for determining the representative districts for the ten year certain towns. 
period beginning with the first Wednesday in the fourth January follow- ^tifingTeprt"' 
ing said speciaf enumeration; provided, that such districts as estab- «?°tauve 
lished in the year nineteen hundred and twenty-six shall continue in p^^^^^^^ 
effect until the first Wednesday in January in the year nineteen hundred 
and thirty-nine. 

The house of representati^•es shall consist of two hundred and forty H°;?|«^°f^ji^.^^ 
members, which shall be apportioned by the general court, at its first to^jCmisist^of^ 
regular session after the return of each special enumeration, to the General court 
several counties of the commonwealth, equally, as nearly as may be, t°^»ppo"'°°' 
according to their relative numbers of legal voters, as ascertained by 
said special enumeration; and the town of Cohasset, in the county of 
Norfolk, shall, for this purpose, as well as in the formation of districts 



72 



CONSTITUTION OF MASSACHUSETTS. 



Secretary shall 
certify to 
officers au- 
thorized to 
divide counticB. 

County com- 
missioners or 
board of 
special com- 
missioners 
provided by 
law shall 
divide a 
county into 
representative 
districts. 
Changing the 
time of 
assembling 
for such 
purpose. 

No town con- 
taining less 
than twelve 
thousand 
inhabitants, 
no precinct of 
any other 
town and no 
ward of a city 
shall be 
divided. 

Authorizing 
limitation of 
actions calling 
representative 
districting 
in question. 

Qualifications 
of repre- 
sentatives. 

Districts to be 
numbered, 
described and 
certified. 



Art. XXII of 
Amendments to 
the consti- 
tution annulled 
and superseded. 

Basis for deter- 
mining sena- 
torial and 
councillor 
districts. 
Proviso. 



Senate to 
consist of 40 
members. 

General court 
shall establish 
districts. 



Proviso. 



Authorizing 
limitation of 
actions calling 
senatorial 
districting 
in question. 
Qualifications 
of senators. 



as hereinafter provided, be considered a part of the county of Plymouth; 
and it shall be the duty of the secretary of the commonwealth to certify, 
as soon as may be after it is determined by the general court, the num- 
ber of representatives to which each county shall be entitled, to the 
board authorized to divide such county into representative districts. 
The county commissioners or other body acting as such or, in lieu 
thereof, such board of special commissioners in each county as may for 
that purpose be provided by law, shall, within thirty days after such 
certification by the secretary of the commonwealth or within such 
other period as the general court may by law provide, assemble at a 
shire town of their respective counties, and proceed, as soon as may be, 
to divide the same into representative districts of contiguous territory 
and assign representatives thereto, so that each representative in such 
county will represent an equal number of legal voters, as nearly as 
may be; and such districts shall be so formed that no town containing 
less than twelve thousand inhabitants according to said census, no 
precinct of any other town and no ward of a city shall be divided there- 
for, nor shall any district be made which shall be entitled to elect more 
than three representatives. The general court may by law limit the 
time within which judicial proceedings may be instituted calling m 
question any such apportionment, division or assignment. Every 
representative, for one year at least immediately preceding his election, 
shall have been an inhabitant of the district for which he is chosen 
and shall cease to represent such district when he shall cease to be an 
inhabitant of the commonwealth. The districts in each county shall 
be numbered by the board creating the same, and a description of each, 
with the numbers thereof and the number of legal voters therein, shall 
be returned by the board, to the secretary of the commonwealth, the 
county treasurer of such county, and to the clerk of every city or town 
in such county, to be filed and kept in their respective offices. The 
manner of calling and conducting the elections for the choice of rep- 
resentatives, and of ascertaining their election, shall be prescribed by law. 

Article XXII of the articles of amendment is hereby annulled and 
the following is adopted in place thereof: 

Article XXIL Each special enumeration of legal voters required 
in the preceding article of amendment shall likewise be the basis for 
determining the senatorial districts and also the councillor districts 
for the ten year period beginning with the first Wednesday in the 
fourth January following such enumeration; provided, that such dis- 
tricts as established in the year nineteen hundred and twenty-six shall 
continue in effect until the first Wednesday in January in the year 
nineteen hundred and thirty-nine. The senate shall consist of forty 
members. The general court shall, at its first regular session after 
the return of each special enumeration, divide- the commonwealth into 
forty districts of contiguous territory, each district to contain, as 
nearly as may be, an equal number of legal voters, according to said 
special enumeration; provided, however, that no town or ward of a 
city shall be divided therefor; and such districts shall be formed, as 
nearly as may be, without uniting two counties, or parts of two or more 
counties, into one district. The general court may by law limit the 
time within which judicial proceedings may be instituted calling in 
question such division. Each district shall elect one senator, who 
shall have been an inhabitant of this commonwealth five years at 
least immediately preceding his election, and at the time of his election 



CONSTITUTION OF MASSACHUSETTS. 73 

shall be an inhabitant of the district for which he is chosen; and he 
shall cease to represent such senatorial district when he shall cease to 
be an inhabitant of the commonwealth. 



The constitution of Massachusetts was agreed upon by delegates of the people, in 
convention, begun and held at Cambridge, on the first day of September, 1779, and 
continued by adjournments to the second day of March, 1780, when the convention 
adjourned to meet on the first Wednesday of the ensuing June. In the mean time tho 
constitution was submitted to the people, to be adopted by them, provided two-thirda 
of the votes given should be in the affirmative. When the convention assembled, it was 
found that the constitution had been adopted by the requisite number of votes, and the 
convention accordingly Rcsohed, "That the said Constitution or Frame of Government 
shall take place on the last Wednesday of October next; and not before, for any purpose, 
save only for that of making elections, agreeable to this resolution." The first legislature 
assembled at Boston, on October 25, 1780. 

The first nine Articles of Amendment were submitted, by delegates in convention 
assembled, November 1.5, 1820, to the people, and by them ratified and adopted April 
9, 1S21. The fifth Article was annulled by the fifty-third Article, and the ninth Article 
by the forty-eighth Article. 

The tenth Article was adopted by the legislatures of the political years 1829-30 and 
1830-31, and was approved and ratified by the people May 11, 1831. 

The eleventh Article was adopted by the legislatures of the political years 1832 and 
1833, and was approved and ratified by the people November 11, 1833. 

The twelfth Article was adopted by the legislatures of the political years 1835 and 
1836, and was approved and ratified by the people November 14, 1836. 

The thirteenth Article was .adopted by the legislatures of the political years 1839 and 
1840, and was approved and ratified by the people .April 6, 1840. 

The general court of the year 1851 passed an act calling a third convention to revise 
the constitution. The Act was submitted to the people, and a majority voted against 
the proposed convention. On May 7, 1852, another act was passed calling upon the 
people to vote upon the question of calling a constitutional convention. A majority of 
the people having voted in favor of the proposed convention, election for delegates thereto 
took place in March, 1853. The convention met in the State House, in Boston, on May 
4, 1853. and organized by choosing Nathaniel P. Banks, Jr., president, and William S. 
Robinson and James T. Robinson, secretaries. On the 1st of August, this convention 
agreed to a form of constitution, and on the same day was dissolved, after having provided 
for submitting the same to the people, and appointed a committee to meet to count the 
votes, and to make a return thereof to the general court. The committee met at the time 
and place agreed upon, and found that the proposed constitution had been rejected. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and nineteenth Articles 
were adopted by the legislatures of the political years 1854 and 1855, and approved and 
ratified by the people May 23, 1855, 

The twentieth, twenty-first and twenty-second Articles were adopted by the legis- 
latures of the pohtical years 1856 and 1857, and approved and ratified by the people on 
May 1. 1857. The twenty-first and twenty-second Articles were annulled by the seventy- 
first Article. 

The twenty-third Article was adopted by the legislatures of the political years 1858 
and 1859, and approved and ratified by the people May 9, 1859, and was annulled by 
the twenty-sixth Article. 

The twenty-fourth and twenty-fifth Articles were adopted by the legislatures of the 
political years 1859 and 1860, and approved and ratified by the people May 7, 1860. 

The twenty-sixth Article was adopted by the legislatures of the political years 1862 
and 1863, and approved and ratified by the people April 6, 1863. 



74 CONSTITUTION OF HL\SSACHUSETTS. 

The twenty-seventh Article was adopted by the legislatures of the political years 
1876 and 1877, and was approved and ratified by the people November 6, 1877. 

The twenty-eighth Article was adopted by the legislatures of the political years 1880 
and 1881, and was approved and ratified by the people November 8, 1881. 

The twenty-ninth Article was adopted by the legislatures of the political years 1884 
and 1885, and was approved and ratified by the people November 3, 1885. ' 

The thirtieth and thirty-first Articles were adopted by the legislatures of the political 
years 1889 and 1890, and were approved and ratified by the people November 4, 1890. 

The thirty-second and thirty-third Articles were adopted by the legislatures of the 
political years 1890 and 1891, and were approved and ratified by the people November 3, 
1891. 

The thirty-fourth Article was adopted by the legislatures of the political years 1891 
and 1892, and was approved and ratified by the people November 8, 1892. 

The thirty-fifth Article was adopted by the legislatures of the political years 1892 and 

1893, and was approved and ratified by the people November 7, 1893. 

The thirty-sixth Article was adopted by the legislatures of the political years 1893 and 

1894, and was approved and ratified by the people November 6, 1894. 

The thirty-seventh Article was adopted by the legislatures of the political years 1906 
and 1907, and was approved and ratified by the people November 5, 1907. 

The thirty-eighth Article was adopted by the legislatures of the political years 1909 
and 1910, and was approved and ratified by the people November 7, 1911. 

The thirty-ninth Article was adopted by the legislatures of the political years 1910 
and 1911, and was approved and ratified by the people November 7, 1911. 

The fortieth and forty-first Articles were adopted by the legislatures of the political 
years 1911 and 1912, and were approved and ratified by the people November 5, 1912. 

The forty-second Article was adopted by the legislatures of the political years 1912 
and 1913, and approved and ratified by the people November 4, 1913, and was annulled 
by the forty-eighth Article. 

The forty-third and forty-fourth .Articles were adopted by the legislatures of the 
political years 1914 and 1915, and were approved and ratified by the people November 2, 
1915. 

In his inaugural address to the general court of 1910, Governor McCall recommended 
that the question of revising the constitution, through a constitutional convention, be 
submitted to the people; and the general court passed a law (chapter 98 of the General 
Acts of 1916) to ascertain and carry out the will of the people relative thereto, the ques- 
tion to be submitted being "Shall there be a convention to revise, alter or amend the 
constitution of the commonwealth?" The people voted on this question at the annual 
election, held on November 7, casting 217,293 votes in the affirmative and 120,979 votes 
in the negative; and accordingly the governor on December 19, 1916, made proclamation 
to that effect, and, by virtue of authority contained in the act, called upon the people 
to elect delegates at a special election to be held on the first Tuesday in May, 1917. The 
election was on May 1. In accordance with the provisions of the act, the delegates met 
at the State House on June 6, 1917, and organized by choosing John L. Bates, president, 
and James W. Kimball, secretary. After considering and acting adversely on numerous 
measures that had been brought before it, and after providing for submitting to the 
people the forty-fifth, forty-sixth and forty-seventh Articles, at the state election of 1917, 
and the Article relative to the establishment of the popular initiative and referendum and 
the legislative initiative of specific amendments of the constitution (Article forty-eight) at 
the state election of 1918, the convention adjourned on Wednesday, November 28, 1917, 
"until called by the president or secretary to meet not later than within ten days after 
the prorogation of the general court of 1918." 



CONSTITUTION OF MASSACHUSETTS. 75 

The forty-fifth, forty-sixth and forty-seventh Articles were submitted, by delegates 
in convention assembled, September 28, 1917, August 30, 1917, and October 11, 1917, 
respectively, to the people, and by them ratified and adopted November 6, 1917. 

On Wednesday, June 12, 1918, the convention reassembled and resumed its work. 
Eighteen more articles (Articles forty-nine to sixty-six inclusive) were approved by the 
convention and were ordered to be submitted to the people. On Wednesday, August 
21, 1918, the convention adjourned, "to meet, subject to call by the president or secre- 
tary, not later than within twenty days after the prorogation of the general court of 
1919, for the purpose of taking action on the report of the special committee on rear- 
rangement of the constitution." 

The forty-eighth Article was submitted, by delegates in convention assembled, Novem- 
ber 28, 1917, the forty-ninth Article, August 7, 1918, the fiftieth to the sixtieth Articles, 
inclusive, August 15, 1918, the sixty-first to the sixty-fourth Articles, inclusive, August 
20, 1918, and the sixty-fifth and sixty-sixth Articles, August 21, 1918, to the people, and 
by them ratified and adopted Noveml)er 5, 1918. 

On Tuesday August 12, 1919, pursuant to a call of its president, the convention again 
convened. A rearrangement of the constitution was adopted, and was ordered to be 
submitted to the people for their ratification. On the following day, a sub-committee of 
the special committee on rearrangement of the constitution was "empowered to correct 
clerical and typographical errors and establish the text of the rearrangement of the con- 
stitution to be submitted to the people, in conformity with that adopted by the conven- 
tion." 

On Wednesday, August 13, 1919, the convention adjourned, sine die. 

On Tuesday, November 4, 1919, the rearrangement was approved and ratified by the 
people. 

(.\s to the effect of this action, see Opinion of the Justices, 233 Mass. 603, and Loring 
V. Young, 239 Mass. 349.) 

The sixty-seventh Article was adopted by the legislatures of the political years 1920 
and 1921, and was approved and ratified by the people on the seventh day of November, 
1922. 

The sixty-eighth and sixty-ninth Articles were adopted by the legislatures of the 
political years 1921 and 1923, and were approved and ratified by the people on the fourth 
day of November, 1924. 

The seventieth Article was adopted by the legislatures of the political years 1924 and 
1925, and was approved and ratified by the people on the second day of November, 1926. 

The seventy-first .Article was adopted by the legislatures of the political years 1928 
and 1930, and was approved and ratified by the people on the fourth day of November, 
1930. 



NOTE 



Tables showing how the statutes of general application effective at the time 
of the taking effect of the General Laws on January 1, 1921, were disposed of in 
said General Laws may be found in the first volume of the General Laws (edition 
of 1920) on pages immediately following the original constitution of Massachu- 
setts, and a table of changes showing the amendments of and additions to the 
said General Laws during the years 1921 to 1931, inclusive, appears in the vol- 
ume containing the laws and resolves of the year 1931. 



[77] 



ANALYSIS 

OF THE 

TITLES AND CHAPTERS 

CONTAINED IN 

THE GENERAL LAWS. 



Vol. I. 



PART I. 

ADMmiSTRATION OF THE GOVERNMENT. 



TITLE I. 

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

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

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

Chapter 3. The General Court. 

Chapter 4. Statutes. 

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

TITLE II. 

EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. 

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

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

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

179] 



80 



ANALYSIS ■ 



PART I. 



Chapter 13. Department of Civil Service and Registration. 

Chapter 14. Department of Corporations and Taxation. 

Chapter 15. Department of Education. 

Chapter 16. Department of Public Works. 

Chapter 17. Department of Public Health. 

Chapter 18. Department of Public Welfare. 

Chapter 19. Department of Mental Diseases. 

Chapter 20. Department of Agriculture. 

Chapter 21. Department of Conservation. 

Chapter 22. Department of Public Safety. 

Chapter 23. Department of Labor and Industries. 

Chapter 24. Department of Industrial Accidents. 

Chapter 25. Department of Public Utilities. 

Chapter 26. Department of Banking and Insurance. 

Chapter 27. Department of Correction. 

Chapter 28. Metropolitan District Commission. 



TITLE III. 
LAWS RELATING TO STATE OFFICERS. 

Chapter 29. State Finance. 

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

Employees. 

TITLE IV. 
CIVIL SERVICE, RETIREMENTS AND PENSIONS. 

Chapter 31. Civil Service. 

Chapter 32. Retirement Systems and Pensions. 

TITLE V. 

MILITIA. 
Chapter 33. Militia. 



TITLE VI. 
COUNTIES AND COUNTY OFFICERS. 

Chapter 34. Counties and County Commissioners. 

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

Chapter 36. Registers of Deeds. 

Chapter 37. Sheriffs. 

Chapter 38. Medical Examiners. 



ANALYSIS — PART I. 



81 



TITLE VII. 

CITIES, TOWNS AND DISTRICTS. 

Chapter 39. Municipal Government. 

Chapter 40. Powers and Duties of Cities and Towns. 

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

Chapter 42. Boundaries of Cities and Towns. 

Chapter 43. City Charters. 

Chapter 43A. Standard Form of Representative Town Meeting Government. 

Chapter 44. Municipal Finance. 

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

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

Chapter 47. Infirmaries. 

Chapter 48. Fires, Fire Departments and Fire Districts. 

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



TITLE VIII. 

ELECTIONS. 

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

Chapter 51. Voters. 

Chapter 52. Political Committees. 

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

Chapter 54. Elections. 

Chapter 55. Corrupt Practices and Election Inquests. 

Chapter 56. Violations of Election Laws. 

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



TITLE IX, 



TAXATION. 

Chapter 58. General Provisions relative to Taxation. 

Chapter 58.\. Board of Tax Appeals. 

Chapter 59. Assessment of Local Taxes. 

Chapter 60. Collection of Local Taxes. 

Chapter 60A. Excise Tax on Registered Motor Vehicles in Lieu of Local Tax. 

Chapter 61. Taxation of Forest Products and Classification and Taxation of Forest Lands. 

Chapter 62. Taxation of Incomes. 

Chapter 63. Taxation of Corporations. 

Chapter 64. Taxation of Stock Transfers. 

Chapter 64A. Taxation of Sales of Gasoline and Certain Other Motor Vehicle Fuel. 

Chapter 65. Taxation of Legacies and Successions. 

Chapter 65A. Taxation of Transfers of Certain Estates. 



82 



ANALYSIS — PART I. 



TITLE X. 
PUBLIC RECORDS. 



Chapter 66. Public Records. 



TITLE XI. 

CERTAIN RELIGIOUS AND CHARITABLE MATTERS. 

Chapter 67. Parishes and Religious Societies. 

Chapter 68. Donations and Conveyances for Pious and Charitable Uses. 



TITLE XII. 

EDUCATION. 

Chapter 69. Powers and Duties of the Department of Education. 

Chapter 70. School Funds and Other State Aid for PubUc Schools. 

Chapter 71. Public Schools. 

Chapter 72. School Registers and Returns. 

Chapter 73. State Normal Schools. 

Chapter 74. Vocational Education. 

Chapter 75. Massachusetts State College. 

Chapter 76. School Attendance. 

Chapter 77. School Offenders and County Training Schools. 

Chapter 78. Libraries. 

TITLE XIII. 

EMINENT DOMAIN AND BETTERMENTS. 

Chapter 79. Eminent Domain. 

Chapter 80. Betterments. 

Chapter 80A. Eminent Domain Takings and Betterment Assessments by Judicial Proceedings. 



TITLE XIV. 

PUBLIC WAYS AND WORKS. 

Chapter 81. State Highways. 

Chapter 82. The Laying Out, Alteration, Relocation and Discontinuance of Public Ways, and 

Specific Repairs thereon. 

Chapter 83. Sewers, Drains and Sidewallis. 

Chapter 84. Repair of Ways and Bridges. 

Chapter 85. Regulations and By-laws relative to Ways and Bridges. 

Chapter 86. Boundaries of Highways and Other Public Places, and Encroachments thereon. 

Chapter 87. Shade Trees. 

Chapter 88. Ferries, Canals and Public Landings. 



ANALYSIS ■ 



PART I. 



83 



Chapter 89. Law of the Road. 

Chapter 90. Motor Vehicles and Aircraft. 

Chapter 91. Waterways. 

Chapter 92. Metropolitan Sewers, Water and Parks. 



Chapter 


93. 


Chapter 


94. 


Chapter 


95. 


Chapter 


96. 


Chapter 


97. 


Chapter 


98. 


Chapter 


99. 


Chapter 


100. 


Chapter 


101. 


Chapter 


102. 


Chapter 


103. 


Chapter 


104. 


Chapter 


105. 


Chapter 106. 


Chapter 


107. 


Chapter 


108. 


Chapter 


108A, 


Chapter 


109. 


Chapter 


109A, 


Chapter 


110. 


Chapter 


IIOA. 



TITLE XV. 

REGULATION OF TRADE. 

Regulation of Trade and Certain Enterprises. 

Inspection and Sale of Food, Drugs and Various Articles. 

Measuring of Leather. 

Measurement of Lumber. 

Surveying of Land. 

Weights and Measures. 

The Metric System of Weights and Measures. 

Auctioneers. 

Transient Vendors, Hawkers and Pedlers. 

Shipping and Seamen, Harbors and Harbor Masters. 

Pilots. 

Agents, Consignees and Factors. 

Public Warehouses. 

Sales of Personal Property. 

Money and Negotiable Instruments. 

Bills of Lading. 

Partnerships. 

Limited Partnerships. 

Fraudulent Transfers of Real and Personal Property. 

Labels, Trade Marks, Names and Registration thereof. 

Promotion and Sale of Securities. 



TITLE XVI. 

PUBLIC HEALTH. 

Chapter 111. Public Health. 

Chapter 112. Registration of Certain Professions and Occupations. 

Chapter 113. Promotion of Anatomical Science. 

Chapter 114. Cemeteries and Burials. 



TITLE XVII. 

PUBLIC WELFARE. 

Chapter 115. State and Military Aid, Soldiers' Relief, etc. 

Chapter 116. Settlement. 

Chapter 117. Support by Cities and Towns. 

Chapter 118. Aid to Mothers with Dependent Children. 

Chapter 118A. Adequate Assistance to Certain Aged Citizens. 



84 



ANALYSIS 



PART I. 



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

Chapter 120. Massachusetts Training Schools. 

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

Hospital School. 
Chapter 122. State Infirmary. 
Chapter 123. Commitment and Care of the Insane and Other Mental Defectives. 



TITLE XVIII. 

PRISONS, IMPRISONMENT, PAROLES AND PARDONS. 

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



TITLE XIX, 



AGRICULTURE AND CONSERVATION. 

Chapter 128. Agriculture. 

Chapter 129. Animal Industry. 

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

Chapter 131. Powers and Duties of the Division of Fisheries and Game 

Fisheries. 

Chapter 132. Forestry. 

Chapter 132A. State Parks and Reservations Outside of the Metropolitan Parks District 



Fisheries. 
Game and Inland 



ANALYSIS — PART I. 



85 



Vol. II 



TITLE XX. 

PUBLIC SAFETY AND GOOD ORDER. 

Chapter 133. Disposition of Old and Infirm Animals. 

Chapter 134. Lost Goods and Stray Beasts. 

Chapter 135. Unclaimed and Abandoned Property. 

Chapter 136. Observance of the Lord's Day. 

Chapter 137. Gaming. 

Chapter 138. Intoxicating Liquors and Certain Non-Intoxicating Beverages. 

Chapter 139. Common Nuisances. 

Chapter 140. Licenses. 

Chapter 141. Supervision of Electricians. 

Chapter 142. Supervision of Plumbing. 

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

Chapter 144. Tenement Houses in Cities. 

Chapter 145. Tenement Houses in Towns. 

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

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

Chapter 148. Fire Prevention. 

TITLE XXI. 

LABOR AND INDUSTRIES. 

Chapter 149. Labor and Industries. 

Chapter 150. Conciliation and Arbitration of Industrial Disputes. 

Chapter 151. The Minimum Wage. 

Chapter 152. Workmen's Compensation. 

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

Chapter 154. Assignment of Wages. 



TITLE XXII. 

CORPORATIONS. 

Chapter 155. General Provisions relative to Corporations. 
Chapter 156. Business Corporations. 
Chapter 157. Co-operative Corporations. 



86 



ANALYSIS 



PART II. 



Chapter 


158. 


Chapter 


159. 


Chapter 


159A, 


Chapter 


160. 


Chapter 


161. 


Chapter 


162. 


Chapter 


163. 


Chapter 


164. 


Chapter 


165. 


Chapter 166. 


Chapter 


167. 


Chapter 


168. 


Chapter 


169. 


Chapter 


170. 


Chapter 


171. 


Chapter 


172. 


Chapter 173. 


Chapter 


174. 


Chapter 


175. 


Chapter 


176. 


Chapter 


177. 


Chapter 178. 


Chapter 


179. 


Chapter 


180. 


Chapter 


181. 


Chapter 


182. 



Certain Miscellaneous Corporations. 

Common Carriers. 

Common Carriers of Passengers by Motor Vehicle. 

Railroads. 

Street Railways. 

Electric Railroads. 

Trackless Trolley Companies. 

Manufacture and Sale of Gas and Electricity. 

Water and Aqueduct Companies. 

Telephone and Telegraph Companies, and Lines for the Transmission of 

Electricity. 
Banks and Banking. 
Savings Banks. 

Deposits with Others than Banks. 
Co-operative Banks. 
Credit Unions. 
Trust Companies. 

Mortgage Loan Investment Companies. 
Bond and Investment Companies. 
Insurance. 

Fraternal Benefit Societies. 
Assessment Insurance. [Repealed.] 
Savings Bank Life Insurance. 

Proprietors of Wharves, Real Estate lying in Common, and General Fields. 
Corporations for Charitable and Certain Other Purposes. 
Foreign Corporations. 
Voluntary Associations and Certain Trusts. 



PART II. 

REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS. 



TITLE I. 



TITLE TO REAL PROPERTY. 

Chapter 183. Alienation of Land. 

Chapter 184. General Provisions relative to Real Property. 

Chapter 185. The Land Court and Registration of Title to Land. 

Chapter 186. Estates for Years and at Will. 

Chapter 187. Easements. 

Chapter 188. Homesteads. 

Chapter 189. Dower and Curtesy. 



ANALYSIS — PART II. 



87 



TITLE II. 

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

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

Chapter 19L Wills. 

Chapter 192. Probate of Wills and Appointment of Executors. 

Chapter 193. Appointment of Administrators. 

Chapter 194. Public Administrators. 

Chapter 195. General Provisions relative to Executors and Administrators. 

Chapter 196. Allowances to Widows and Children, and Advancements. 

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

Chapter 198. Insolvent Estates of Deceased Persons. 

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

Chapter 200. Settlement of Estates of Absentees. 

Chapter 201. Guardians and Conservators. 

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

Chapter 203. Trusts. 

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

Chapter 205. Bonds of Executors, Administrators, Guardians, Conservators, Trustees and 
Receivers. 

Chapter 206. Accounts and Settlements of Executors, Administrators, Guardians, Conserva- 
tors, Trustees and Receivers. 



TITLE III. 

DOMESTIC RELATIONS. 

Chapter 207. Marriage. 

Chapter 208. Divorce. 

Chapter 209. Husband and Wife. 

Chapter 210. Adoption of Children and Change of Names. 



88 



ANALYSIS — PART III. 



PART III. 

COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES. 



TITLE I. 

COURTS AND JUDICIAL OFFICERS. 

(For the Land Court see Chapter 185.) 

Chapter 211. The Supreme Judicial Court. 

Chapter 212. The Superior Court. 

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

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

Chapter 215. Probate Courts. 

Chapter 216. Courts of Insolvency. 

Chapter 217. Judges and Registers of Probate and Insolvency. 

Chapter 218. District Courts. 

Ch.^pter 219. Trial Justices. 

Chapter 220. Courts and Naturalization. 

Chapter 221. Clerks, Attorneys and Other Officers of Judicial Courts. 

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



TITLE II. 

ACTIONS AND PROCEEDINGS THEREIN. 

Chapter 223. Commencement of Actions, Service of Process. 

Chapter 224. Arrest on Mesne Process and Supplementary Proceedings in Civil Actions. 

Chapter 225. Process after Judgment for Necessaries or Labor. [Repealed.] 

Chapter 226. Bail. 

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

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

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

Chapter 230. Actions by and against Executors and Administrators. 

Chapter 231. Pleading and Practice. 

Chapter 232. Set-off and Tender. 

Chapter 233. Witnesses and Evidence. 

Chapter 234. Juries. 

Chapter 235. Judgment and Execution. 

Chapter 236. Levy of Executions on Land. 



ANALYSIS 



PART III. 



89 



TITLE III. 

REMEDIES RELATING TO REAL PROPERTY. 

Chapter 237. Writs of Entry. 

Chapter 238. Writs of Dower. 

Chapter 239. Summary Process for Possession of Land. 

Chapter 240. Proceedings for Settlement of Title to Land. 

Chapter 241. Partition of Land. 

Chapter 242. Waste and Trespass. 

Chapter 243. Actions for Private Nuisances. 

Chapter 244. Foreclosure and Redemption of Mortgages. 

Chapter 245. Informations by the Commonwealth. 



TITLE IV. 

CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES. 

Chapter 246. Trustee Process. 

Chapter 247. Replevin. 

Chapter 248. Habeas Corpus and Personal Liberty. 

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

Chapter 250. Writs of Error, Vacating Judgment, Writs of Review. 

Ch.\pter 251. Arbitration. 

Chapter 252. Improvement of Low Land and Swamps. 

Chapter 253. Mills, Dams and Reservoirs. 

Chapter 254. Liens on Buildings and Land. 

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

thereon. 

Chapter 256. Recognizances for Debts. 

Chapter 257. Seizure and Libelling of Forfeited Property. 

Chapter 258. Claims against the Commonwealth. 



TITLE V. 

STATUTES OF FRAUDS AND LIMITATIONS. 

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



TITLE VI 



COSTS AND FEES. 



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



90 



ANALYSIS ■ 



■PARTS IV ANT) V. 



PART lY. 

CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES 



TITLE I. 

CRIMES AND PUNISHMENTS. 

Chapter 263. Rights of Persons accused of Crime. 

Chapteh 264. Crimes against Governments. 

Chapter 265. Crimes against the Person. 

Chapter 266. Crimes against Property. 

Chapter 267. Forgery and Crimes against the Currency. 

Chapter 268. Crimes against Public Justice. 

Chapter 269. Crimes against Public Peace. 

Chapter 270. Crimes against Public Health. 

Chapter 271. Crimes against Public Policy. 

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

Chapter 273. Desertion, Non-Support and Illegitimacy. 

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



TITLE II. 

PROCEEDINGS IN CRIMINAL CASES. 

Chapter 275. Proceedings to prevent Crimes. 

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

Chapter 277. Indictments and Proceedings before Trial. 

Chapter 278. Trials and Proceedings before Judgment. 

Chapter 279. Judgment and Execution. 

Chapter 280. Fines and Forfeitures. 



PART V. 



THE GENERAL LAWS, AND EXPRESS REPEAL OF CERTAIN ACTS AND 

RESOLVES. 



Chapter 281. The General Laws and their Effect. 

Chapter 282. Express Repeal of Certain Acts and Resolves. [Omitted.] 



GENEEAL LAWS 



MASSACHUSETTS 



[Tercentenary Edition] 



€l)£ €ommontDcaUl) of iltassacljusctts 



IN THE YEAR ONE THOUSAND NINE HUNDRED AND TWENTY 



AN ACT 



CONSOLIDATING AND ARRANGING 



GENERAL STATUTES 



COMMONWEALTH 



Whereas, The deferred operation of this act would be inconsistent with 
its intent and purpose to consolidate and revise the general laws as of the 
thirty-first day of December, accordini^iy it should take effect before any 
general legislation enacted in the year nineteen hun(lre<I and twenty-one, and 
it is therefore declared to be an emergency law, necessary for the innnediate 
preservation of the public con\^enience. 



Be it enacted by the Senate and House of Representatives in General Court 
assembled, and by the authority of the same: 



PART I. 

ADMINISTRATION OF THE GO^^^RX:\IENT. 



TITLE I. 

JURISDICTION AND EMBLEMS OF THE COMMONWEALTH, 
THE GENERAL COURT, STATUTES AND PUBLIC DOCU- 
MENTS. 

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

CH.A.PTER 2. Arms, Great Seal and Other Emblems of the Commonwealth. 

Chapter 3. The General Court. 

Chapter 4. Statutes. 

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



CHAPTER 1. 

JURISDICTION OF THE COMMONWE.\LTH AND OF THE UNITED 

STATES. 



Sect. 

1. Citizenship defined. 

2. Jurisdiction of the commonwealth. 

3. Marine boundaries of the common- 

wealth. 

4. Inspection and repair of state bound- 

aries. 

5. Boundary marks not to be removed, 

etc., without permission. Penalty. 

6. Conveyance to the United States of 

land owned by the commonwealth. 



Sect. 

7. Concurrent jurisdiction in land ac- 

quired by the United States. 

8. Officers of United States geological 

survey or coast survey, or of the 
department, may enter on land. etc. 

9. Right to damages, and determination 

and recovery thereof. 
10. Signals, etc., of United States not to be 
injured, etc. Penalty. 



1 Section 1. All persons who are citizens of the United States and defined^''''' 

2 who are domiciled in this commonwealth are citizens thereof. ^ ^ b ^ ^ 

186 Mass. 231. 256 Mass. 568. Op. A. G. (1920) 223. 260. 

1 Section 2. The sovereignty and jurisdiction of the commonwealth Jurisdiction of 

2 shall extend to all places within its boundaries subject to the concurrent wjaith" 

3 jurisdiction granted over places ceded to or acquired by the United States, g. s. i, § 2. 



p. s. 1, 



R. L. 1, § 2. 



201 Mass. 387. 



1 Section 3. The territorial limits of the commonwealth shall extend boundaries of 

2 one marine league from its seashore at extreme low water mark. If an J^''/Jt'h"'"°'" 

3 inlet or arm of the sea does not exceed two marine leagues in width i839, 2S9. 

4 between its headlands, a straight line from one headland to the other p. s. 1.' § 1." 

5 shall be equivalent to the shore line. ' 

3 Gray, 268. 147 Mass. 61. 152 Mass. 230. 139 U. S. 240. 

[93] 



94 



JURISDICTION OF COMMONWEALTH AND UNITED STATES. [ChAP. 1. 



Inspection 
and repair 
of state 
boundaries. 
1898. 299. 
1901. 469, § 
R. L. 1. §4. 
1916. 288. 
1919. 350. 
H 111. 113. 
1931. 394, § 



Section 4. The department of public works, in this chapter called 1 
the department, shall in the year nineteen hundred and thirty-five and 2 
in every fifth year thereafter inspect all monuments or other marks de- 3 
fining the location of the boundary lines of the commonweaJth, and if 4 
any of them have been injured, displaced, removed or lost the department 5 
shall, in co-operation with persons duly authorized by the adjoining 6 
state, restore them or replace them with suitable stone monuments, and 7 
in the same manner set suitable stone monuments at points not properly 8 
marked where the state boundary is intersected by the boundary of 9 
any counties, cities or towns in the commonwealth or by a highway or 10 
railroad. If officers of adjoining states are required to make such in- 11 
spection at other times, the department may co-operate with them. 12 



Boundary 
marks not to 
be removed, 
etc.. without 
permission. 
Penalty. 
1906. 146, 
§5 1, 2. 
1916, 288. 
1919, 350. 
§§ HI. 113. 
1931, 394, 5 2. 



Section 5. No person shall wilfully or m.aliciously disturb or injure, 1 
or, except as herein provided, remove, obliterate, deface or cover up any 2 
monument or mark designating the boundary line of the commonwealth. 3 
Any person desirous of removing and replacing any such monument or 4 
mark may apply in writing to the department, who may grant permis- 5 
sion therefor under its supel-vision, first making provision for preserving 6 
the exact location of the original boundary or mark, and also giving 7 
notice to the adjoining state of the time and place at which proposed S 
action is to be taken. The monument shall be reset in the identical 9 
location from which it was removed, or at a convenient distance there- 10 
from upon the boundary line. A full description of any change in such 11 
monument or mark shall be recorded in the offices of the clerks of the 12 
contiguous towns, and a copy thereof shall be forwarded to the state 13 
secretary. Violation of this section shall be punished by a fine of not 14 
more than fifty dollars or by imprisonment for not more than six months. 15 



Conveyance 
to the United 
.States of land 
owned by the 
commonwealth. 
1880, 184. 
P. S. 1. § 7. 
R. L. 1. § S. 
1916, 288. 
1919, 350, 
§§ 111. 113. 
1931, 394. § 3. 
2 Op. A. G. 
279. 



Section 6. The department, with the approval of the governor and 
council, may, upon the application of an agent of the United States, in 
the name and behalf of the commonwealth, convey to the United States 
the title of the commonwealth to any tract of land covered by navigable 
waters and necessary for the purpose of erecting a lighthouse, beacon 
light, range light or other aid to navigation, or light keeper's dwelling; 
but such title shall revert to the commonwealth if such land ceases to be 
used for such purpose. 



Concurrent _ 
jurisdiction in 
land acquired 
by the United 
States. 

1871, 233. 

1872, 309. 

1873, 43. 

1874, 383, § 1. 

1875, 35. 

P. S. 1. §4. 
1882, 131. 
R. L. 1. §6. 
201 Mass. 387. 



Section 7. The United States shall have jurisdiction over any tract 1 

of land within the commonwealth acquired by it in fee for the follow- 2 

ing purposes: for the use of the United States bureau of fisheries, or for 3 

the erection of a marine hospital, custom office, post office, life-saving 4 

station, lighthouse, beacon light, range light, light keeper's dwelling or 5 

signal for navigators; provided, that a suitable plan of such tract has 6 

been or shall be filed in the office of the state secretary within one year 7 

after such acquisition of title thereto. But the commomvealth shall S 

retain concurrent jurisdiction with the United States in and over any 9 

such tract of land to the extent that all civil and criminal processes issu- 10 

ing under authority of the commonwealth may be executed thereon as if 11 

there had been no cession of jurisdiction, and exclusive jurisdiction over 12 

any such tract shall revest in the commonwealth if such tract ceases to be 13 

used by the United States for such public purpose. 14 



Ch-^ps. 1,2.] 



95 



1 Section 8. In connection with their official duties persons employed g^ted siaiee 

2 by the United States geological survey or coast survey, or by the de- ll°Jlfl^^'^'- 

3 partment, may enter upon land and erect works, stations, buildings and survey, or of 

"r r J .,,,. pii i-L the department, 

4 appurtenances; provided, that, m case oi such entry or erection by may enter on 

5 persons employed by the United States, it shall make adequate pro- mV, tgi, § i. 

6 vision by law for compensation for any taking of property thereby. p;|; i; ||; 

R L.'l. d 9. I!I1S. 257. § 1S8. 1931, 394, § 4. 

1903, 150, § 1. I'.ll'.l, 5; 350, §§ 111, 113. U. S. Rev. Sts. § 46S1. 

1916; 2SS: 192U, 2. U. S. C. Title 33, § SSI. 

1 Section 9. In case of entry by persons employed by the common- Right to 

,...., ,1 , * 1 1 IT e J. J. damages, and 

2 wealth, it shall pay all damages thereby caused. In case ot entry, not determination 

3 constituting a taking, by persons employed by the United States, such thmoi"""^ 

4 persons shall pay all such damages. If the parties interested cannot \fti^-' 

5 agree upon the amount to be paid for damages under the preceding p |i^'5||,!li: 
G section, such damages shall be determined and recovered under chapter R- l^I^ 

7 seventy-nine. 

1903, 150, §2. 1918, 257, §§ 1S9, 190. 1919,5. 1920,2. 

1 Section 10. Whoever wilfully injures, defaces or removes a signal, fl^unfedstktes 

2 monument, building or appurtenance erected, used or constructed under f^fufed^^^tc. 

3 the authority of the United States shall be punished by a fine of fifty ^l^f% §7 

4 dollars, and be liable in tort to the United States for all damages so g g'i-|'?- ' 

. 1 . b. 1. 8 lo. 

5 sustained. R- l. 1, § 13. 



CHAPTER 2. 

ARMS, GREAT SEAL AND OTHER EMBLEMS OF THE COMMONWEALTH. 



Sect. 

1. Arms of the commonwealth. 

2. Official representation. 

3. Great seal of the commonwealth. 

4. Existing seal to be official. 

5. Design for the flag of the common- 

wealth. 



Sect. 

6. Display of the flags of the United States 

and of the commonwealth. 

7. Flower of the commonwealth. Injury 

or destruction, when penalized. 



1 Section 1. The arms of the commonwealth shall consist of a shield ^™,n°^^^^a],h 

2 having a blue field or surface with an Indian thereon, dressed in a ^***£; |f ®g- ,^^- 

3 shirt and moccasins, holding in his right hand a bow, and in his left Qg'ij^jjjy'j'^^g 

4 hand an arrow, point downward, all of gold; and, in the upper corner 

5 of the field, above his right arm, a silver star with five points. The 

6 crest shall be a wreath of blue and gold, whereon, in gold, shall be a 

7 right arm, bent at the elbow, clothed and ruffled, with the hand grasp- 

8 ing a broadsword. The motto shall be "Ense petit placidam sub 

9 libertate quietem." 



R. L. 2, § 2. 



1 Section 2. The coat-of-arms as drawn and emblazoned under official repre- 

• 1 • 1 I 1 1 J sentation. 

2 the direction of the state secretary in the year eighteen hundred and isqs, 519.^ 

3 ninety-eight and deposited in his office shall be the official represen- 

4 tation of the arms of the commonwealth of Massachusetts, and all 

5 designs of said coat-of-arms for official use shall conform strictly to 

6 said representation. 



96 



ARMS, GREAT SEAL, ETC. GENERAL COURT. [ChAPS. 2, 3. 



Great seal 
of the com- 
monwealth. 
1885, 288, § 1. 
R. L. 2, §3. 
189 Mass. 76. 



Section 3. The great seal of the commonwealth shall be circular 1 

in form, bearing upon its face a representation of the arms of the 2 

comniomvealth encircled with the inscription, "Sigillum Reipublicie 3 

Massachusettensis." The colors of the arms shall not be an essential 4 

part of said seal, and an impression from a seal engraved according 5 

to said design, on any commission, paper or document shall be valid 6 

without such colors or the representation thereof by heraldic lines or 7 

marks. 8 



Existing seal 
to be official. 
1885, 288, § 3. 
R. L. 2, 5 4- 



Section 4. The seal of the commonwealth now in use in the office 1 
of the state secretary shall be the authorized seal so long as its use may 2 
be continued. 3 



Design for 
the Hag of 
the com- 
monwealth. 
1908, 229. 
1915,37. 



Section 5. The flag of the commonwealth shall bear on one side 1 

a representation of the arms of the commonwealth, as prescribed by 2 

sections one and two, upon a white field, and on the other side a 3 

blue shield bearing a representation of a green pine tree, upon a white 4 

field. 5 



Display ^of^the Section 6. The flag of the United States and the flag of the com- 
united States monwcalth shall bc displayed on the main or administration building 
commonwealth, of cach public institution of the commonwealth. The flags shall be of 
1909, 6 . suitable dimensions and shall be flown every day when the weather 

permits. 

Section 7. The mayflower (epigtea repens) shall be the flower or 
floral emblem of the commonwealth. Any person who pulls up or 
digs up the plant of the mayflower or any part thereof, or injures such 
plant or any part thereof except in so far as is reasonably necessary in 
procuring the flower therefrom, within the limits of any state highway 
or any other public way or place, or upon the land of another person 
without written authority from him, shall be punished by a fine of not 
more than fifty dollars; but if a person does any of the aforesaid acts 
while in disguise or secretly in the night time he shall be punished by a 
fine of not more than one hundred dollars. 



Flower of the 
commonwealth. 
Injury or 
destruction, 
when penal- 
ized. 

1918, 181. 
1925, 112. 



1 

2 

3 
4 
5 
6 

7 

8 

9 

10 



CHAPTER 3. 

THE GENERAL COITRT. 



Sect. 

1. Secretary to make and deliver lists of 

persons returned. 

2. Persons named on lists may take seats 

as members. 

3. Manner of calling house to order, and 

who shall preside. 

4. Persons having certificates, etc., but not 

on lists, to present credentials to 
presiding officer. 

5. Notice of certain petitions to be pub- 

lished. Deposit and transmission of 
petition. Fee to accompany certain 
petitions. 



Sect. 

6. Notice, deposit, fihng, etc., of petitions 

for incorporation of educational in- 
stitutions. 

7. Petitions for legislation affecting cor- 

porations not subject to §§ 5 and 6 
to be deposited, etc. 

8. Petition of city or town for authority to 

borrow money outside the debt limit. 

9. Compensation of members of the gen- 

eral court. 

10. Compensation of members chosen to 

fill vacancies or who resign. 

11. Payment of members. 



Chap. 3.] 



THE GEXEKAL COURT. 



97 



17. 



18. 



19. 



20 



21 



Sect. 

12. Salary of clerks. Tenure of office. 

13. Appointment, salaries and tenure of 

office of assistant clerks. Clerical 
assistance. 

14. Compensation of chaplains. 

15. Sergeant-at-arms, salarj', removal, etc. 

16. Assistant sergeant-at-arms, appoint- 

ment, etc. 

Duties of sergeant-at-arms. Certain 
legislative employees to have powers 
of police officers, etc. 

Certain employees of sergeant-at-arms. 
Salaries. 

Number of doorkeepers, etc., author- 
ized. 

Compensation for travel to door- 
keepers, assistant doorkeepers, gen- 
eral court officers, pages, etc. 

Appointment, etc., of employees of 
sergeant-at-arms. 

22. Custody of journals, etc., of senate and 

house. 

23. Engrossment of bills and resolves. 

24. Engrossment of proposed amendments 

to the constitution. 

[Repealed.] 

Books, etc., not to be ordered for mem- 
bers. 

Members of committees may admin- 
ister oaths. 

Testimony before general court or com- 
mittees thereof. 

29. Stenographic reports. 

30. Expenses incurred under orders of the 

general court. 

31. Expenses of committees of the general 

court. 

32. Expenses of committees acting during 

recess. 

33. Advertisement of legislative committee 

hearings. 

34. Form of advertisements. 

35. Designation of newspapers. 



25. 

26. 



27, 



28, 



legislative committees. 



Sect. 

36. Postage for 

Stationery. 

37. Aviditing of expenses of legislative com- 

mittees. 

38. Payment of fees for witnesses before 

general court. 

39. Definition of "legislative counsel" and 

"legislative agent". 

40. Names of legislative coimsel and agents 

to be entered on a docket, etc. 

41. Sergeant-at-arms to keep dockets, etc. 

Form of entries. 

42. Subjects of legislation to be specified on 

dockets. 

Members of political committees not to 
be legislative agents. 

Compensation not to be contingent 
upon action of general court. Legis- 
lative counsel not to act as legislative 
agent, when. 

Written authority to be filed with ser- 
geant-at-arms. 

Proceedings for disbarment. Effect of 
disbarment. 

Opening, closing and disposition of 
legislative dockets. 

Employers of legislative counsel and 
agents to file statements, etc. 

Penalties. 

Certain sections not to apply to certain 
city or town solicitors or assistant 
solicitors. 



43 



44 



45 



46 



47 



48 



49. 
50. 



51 



CONTINtJOUS CONSOLIDATION OF THE 
GENERAL STATUTES. 

Counsel for senate and house. Ap- 
pointment, etc. Certain duties. 

Counsel to draft bills, etc. 

Counsel to propose corrections, prepare 
revisions, etc. 

Assistance and expenses. 

Counsel, etc., legislative officers. Ex- 
emption from civil ser\*ice. 



Section 1. The state secretary shall receive and examine the certifi- Secretary to 

« I I . « * . I , , . make and 

cates 01 the election oi representatives to the general court returned into deliver lists 
his office, and make a list of the persons therein named. On the Tues- retSrmfcT^ 
day next preceding the first Wednesday of January following a state §§*4,'6.*^' 
election he shall deliver to the sergeant-at-arms a list of the persons p | f; | ' ; 
then returned, and upon receiving any further certificates before the ^- ^- ^- 5 1- 
house of representatives is called to order he shall immediately make 

8 and deliver to the sergeant-at-arms a list of the persons returned by 

9 such further certificates. He shall also transmit the certificates, with a 

10 list of all persons returned, to the house of representatives as soon as the 

11 members are called to order. 



Section 2. The persons named on the lists delivered to the sergeant- Persons named 
at-arms shall be admitted to take seats as members in the representa- take'^seaS 
tives' chamber on said first Wednesday of January or thereafter during ilw'ml' 5. 
the terms for which they are elected. '^- ^' ^' ^ ^■ 

p. S. 2, § 2. R. L. 3, 5 2. 



98 



THE GENERAL COURT. 



[ClL\P. 3. 



Manner of 
calling house 
to order, and 
who shall 
preside- 
1844. 143, § 7. 
G. S. 2, § 3. 
P. S. 2, § 3. 
R. L. 3, § 3. 



Section 3. On said first Wednesday of January, between the hours 
of ten in the forenoon and twelve at noon, the persons so returned and 
admitted as members into the representatives' chamber shall be called 
to order by the oldest senior member present, who shall be the presiding 
officer of the house until a speaker is chosen or the house otherwise 
determines. 



Persons having 
certificates, 
etc., but not 
on lists, 
to present 
credentials to 
presiding 
officer. 

1844, 143. § 8. 
G. S. 2, § 4. 
P. S. 2, § 4. 
R. L. 3, 5 4. 



■ Section 4. A person having a certificate or other documentary e\i- 1 

dence of his election as a representative who is not named on said lists 2 

may, after the house has been called to order, present such certificate or 3 

evidence to the presiding officer, or to the speaker if one has been chosen, 4 

who shall communicate the same to the house for its action thereon; 5 

but such person shall not take a seat as a member until permitted by 6 

the house. * 



Notice of cer- 
tain petitions 
to be published. 
Deposit and 
transmission 
of petition. 
Fee to accom- 
pany certain 
petitions. 
1831.43, 5 1. 
1832, 59. 
R. S. 2, 
§§ 7. 8. 
1857, 261, 
§§ 1-5. 
G. S. 2, 
§§ 8-12. 
1862, 91, § 3. 
1871, 381, 5 11. 
P. S. 2, 
§§5-14. 
1885, 24, 
§§ 1. 2. 
1890, 302. 
R. L. 3, 
§5 5,7. 

1924. 170, § 1. 
1926, 107, § 1. 
1928, 297. 
114 Mass. 592. 



1 

2 
3 

4 
5 
6 
7 
8 
9 
10 
11 



Section 5. Whoever intends to present to the general court a peti- 
tion for the incorporation of a city or town, for the annexation of one 
municipality to another, for the consolidation of two or more munici- 
palities or for the division of an existing municipality, or for the incor- 
poration or revival of a railroad, street railway, elevated railroad, canal, 
telephone, telegraph, water, gas, electric light, power or other public 
service corporation, for the amendment, alteration or extension of the 
charter or corporate powers or privileges, or for the change of name, 
of any such company, whether specially incorporated or organized under 
general laws, or for authority to take water for a water supply, or rela- 
tive to building structures over navigable or tide waters, shall give 
notice of such petition by publishing a copy thereof once in each of three 12 
successive weeks in such newspapers as the state secretary, having 13 
regard to the locality of the interests involved in such petition, shall 14 
direct, the last publication to be made at least twenty-four days before 15 
the session at which the petition is to be presented. Such petition with 16 
a bill embodying in substance the legislation petitioned for shall be 17 
deposited on or before the third Saturday of December in the office of IS 
the state secretary, with proof of publication satisfactory to him, and 19 
he shall file said petition and bill forthwith with the clerk of the house 20 
of representatives, with his endorsement that the required publication 21 
has been made. . 

Every petition seeking as aforesaid the incorporation or revival or 23 
change of name of a public service corporation and every petition by 24 
or on behalf of such a corporation seeking as aforesaid legislation other- 25 
wise amending, altering or extending the charter or corporate powers or 26 
privileges of such a corporation shall be accompanied by a fee of twenty- 27 
five dollars which shall be paid to the commonwealth. 28 



Notice, deposit, 
filing, etc., of 
petitions for 
mcorporation 
of educational 
institutions. 
1896. 381. 
§§ 1, 2. 
R. L. 3. 
§§ 6, 7. 
1912, 481. 
1914, 56. 
1919, 293. 
§§ 1-3, 5. 

1923, 51. 

1924, 170, i 2. 



Section 6. Whoever intends to present to the general court a peti- 
tion for the incorporation of a college, university or other educational 
institution with power to grant degrees, or for an amendment to the 
charter of any existing educational institution which will give it such 
power, shall on or before November first prior to its intended presenta- 
tion deposit the same in the office of the department of education. The 
petitioners shall give notice of the petition by publishing a copy thereof 
once in each of three successive weeks in such newspapers as the com- 
missioner of education may designate, the last publication to be made 



Chap. 3.] the general court. 99 

10 at least twenty-four days before the session of the general court at which 

11 the petition is to be presented; and the petitioners shall, on or before 

12 the third Saturday of December, file with the said commissioner satis- 

13 factory evidence that a copy of the petition has so been published, 

14 together with a bill embodying in substance the legislation petitioned 
\n for. Said commissioner shall file said petition and bill forthwith with 
11) the clerk of the house of representatives, together with his recommenda- 
17 tions relative thereto. 

1 Section 7. Whoever intends to present to the general court a Petitions for 



legislation 



corpo- 



2 petition for the establishment or revival, or for the amendment, altera- alferting 

3 tion or extension of the charter or corporate powers or privileges, or for aSbfcTt to' 

4 the change of name, of any corporation, except a petition subject to the g^j^ted 

5 provisions of section five or six, shall, on or before November first prior poaited. etc. 

6 to its intended presentation, deposit the same, together with a bill em- 1924', 170! § 3. 

7 bodying in substance the legislation petitioned for, in the office of the '*^*' ^°^' ^' 

8 commissioner of corporations and taxation. The petition shall spe- 

9 cifically set forth the facts showing why the object sought cannot be 

10 accomplished under the general laws, and if such a petition relates to a 

11 corporation organized or to be organized for purposes of business or 

12 profit, shall be accompanied by a fee of twenty-five dollars, which shall 

13 be paid to the commonwealth. Said commissioner shall examine every 

14 petition filed as aforesaid, and shall attach thereto a certificate or memo- 

15 randum stating whether or not, in his opinion, the object sought may be 

16 accomplished under the general laws or whether the same requires 

17 legislation. He may also insert in said memorandum any other rele- 

18 vant statement which, in his opinion, might be of assistance to the 

19 general court in passing on the petition, and shall file the petition and 

20 bill with the clerk of the house of representatives not later than the third 

21 Saturday of December. 

1 Section 8. Any petition to the general court, with the accompanying Petition ot 

2 bill, of any town for authority to borrow money outside the statutory ti'/author™ to 

3 limit of indebtedness shall be transmitted by the committee of the general outsid" the"**^ 

4 court to which the same may be referred to the director of accounts for fgjj ^''^'^■ 

5 information as to the financial condition of the town, and he shall as i^i^- ^so, § 52. 

6 soon as possible make a report thereon to said committee. 

1 Section 9. Each member of the general court shall receive two thou- Compensation 

2 sand dollars for each regular annual session of the term for which he is of the general 

3 elected, and four dollars and twenty cents for every mile of ordinary i85s!'2. §§ 1. 3. 

4 traveling distance from his place of abode to the place of sitting of the ^j ^3^5 

5 general court. The president of the senate and the speaker of the house J^^i. 498. § 1. 

6 of representatives shall each receive two thousand dollars additional 1929! 333! 5 1. 

7 compensation. 

1 Section 10. Each member of the general court chosen to fill a va- Compensation 

2 cancy, or who resigns his seat during a regular annual session, shall be ?h(Se^to mi 

3 entitled to a per diem compensation for the time of his membership at wh^^^esign""^ 

4 the rate of two thousand dollars for each regular annual session, and H^i] 28^§ s'' 

5 his mileage as provided in the preceding section. ^^''^- '^®' ^ ^^■ 

p. S. 2, § 16. 1911. 676, § 1. 1919. 273. 

R. L. 3, § 9. 1918, 62. 1931, 426, § 125. 



100 



THE GENERAL COURT. 



[Chap. 3. 



Payment of 
members. 
1858, 2, 5 1. 
G. S. 2, § 13. 
1872, 328, § 2. 
P. S. 2, § 20. 
R. L. 3, § 10. 
1907, 163. 
1912. 13, § 1. 
1918, 203, § 1. 
1920, 1. 



Section 11. Each member of the general court shall be entitled to be 1 

paid two hundred dollars on account on the day preceding the last legis- 2 

lative day of each month; but such monthly payments in any year shall 3 

not exceed in the aggregate the compensation of the member for the 4 

annual session; and each member shall, on the last legislative day in 5 

which the general court is in session preceding the fifteenth day of each 6 

month, be entitled to receive an amount not exceeding the proportion 7 

then due at the rate of two hundred dollars monthly. 8 



fieS; ° Ten- Section 12. The clerlv of the senate and the clerk of the house of 1 
i844^43''§9 representatives shall each receive a salary of three thousand dollars, and 2 
1858, 2, § 5. each shall hold office until his successor is qualified. 3 

G.S. 2, §§5, 17. 1,S73, 377, § 2. 1880,253. 1884,329. 

1867, 167; 305. 1879,78, §2. P. S. 2, §§ 21. 25. R. L.3, §11. 

1868, 37. 



10. 



Appointment, 
salaries and 
tenure of utHce 
of assistant 
clerks. Clerical 
assistance. 
1844, 143. 
G. S. 2, S 6. 
1873, 372, 
n 3, 4. 

1879, 78, § 3. 

1880, 253. 
P. S. 2, 
§§22, 26. 
1882, 257, 5 1. 
1884, 334. 
1888, 1. 
1894, 394. 



[Salaries of present incumbents, 1924, 436, 5 1; 1928, 322, § 1.) 

Section 13. The clerks of the senate and house of representatives, 
subject to the approval of the senate and house, respectively, may each 
appoint an assistant clerk at a salary of two thousand dollars who, in the 
absence of the clerk, shall perform his duties unless a temporary clerk 
is chosen. Each clerk may remove the assistant clerk appointed by him. 
The clerk of the senate may also employ necessary clerical assistance 
at an annual expense of not more than fifteen hundred dollars, and the 
clerk of the house of representatives may also employ necessary clerical 
assistance at an annual expense of not more than forty-five hundred 
dollars. 

1915, 271, 5 1. 



1899, 100. 
R. L. 3, §§ 



12, 13. 



1904, 87, § 1- 
1906, 126, § 1. 



1 

2 

o 
O 

4 
5 
6 
7 
S 
9 
10 



[Salaries of present assistant clerics, 1926, 268, § 1; 1928, 322, § 2.] 

Compensation Section 14. The chaplaius of the senate and house shall each receive 1 

01 chaplains. ^ 

1858, 2, § 6. a salary of seven hundred and fifty dollars. 2 

G. S, 2, 5 18, 1879, 78, i 8; P. S. 2, § 23. 1913, 4.50. 

1872, 7. 304. R. L. 3, § 14. 1920, 345. 



Sergeant-at- 
arms, salary, 
removal, etc. 
1835, 154. 
R. S. 13, 
§5 58, 64, 65. 
1837, 13. 
1843, 9. 
1854, 131, 5 1. 
G. S. 14, 
§§49, 50. 
1867, 305. 



Section 15. The general court shall annually in January choose a 1 

sergeant-at-arms at a salary of four thousand dollars who shall hold 2 

office until removed or until another is chosen. He may be removed by 3 

the general court or, during its recess, may be suspended by the gov- 4 

ernor and council. If a vacancy or suspension occurs during such re- 5 

cess, the governor and council may appoint a person to perform the 6 

duties of the office until a new election. 7 



p. S. 5, §§ 
1884, 333. 
1887, 128. 



1,10. 



1895, 284, § 2. 
R, L. 10. §§ 1. 10. 
1903, 455, § 1. 



1905, 218. § 2. 
1907, 359, § 1. 



1927, 340, § 2. 
1930, 424, § 1. 



Assistant 
sergeant-at- 
arms, appoint- 
ment, etc. 
1863, 87, 
§§1,2. 
p. S. 5, 5 2. 
R, L. 10, § 2. 



Section 16. In case of the disability or necessary absence of the 1 

sergeant-at-arms, he may appoint, with the approval of the presiding 2 

officers of the two branches of the general court or, during its recess, 3 

of the governor, an assistant sergeant-at-arms to perforin his duties 4 

during such disability or absence. His compensation shall be paid by 5 

the sergeant-at-arms, who shall be responsible for his fidelity and good 6 

conduct in office; but for misconduct or other sufficient cause he may 7 

be removed by the general court or, during its recess, by the governor 8 

and council. 9 



Chap, o.] the general court. 101 

1 Section 17. The sergeant-at-arms shall serve such processes and ""^'j,an?!at- 

2 execute such orders as mav be enjoined upon him bv the general court jr'™ . , . 

3 or by either branch thereof, attend the members or clerks of either lauve om- 

4 branch when they are charged with a message from one branch to the pfweS^of'pofkt 

5 other or to the governor and council, maintain order among the spec- r. I^isf'"' 
f) tators admitted into the chambers in which the respective branches g.^,'u,' 

7 hold their sessions, prevent the interruption of either branch or of the p'^ls 53 

8 committees thereof, and shall have the control of, and superintendence Rj,^ ijo^^;,, 

9 over, his subordinate officers, taking care that they promptly perform 1936! ssa! § 1. 

10 their duties. In respect to any criminal offence committed in any part 

1 1 of the state house assigned to or used by either branch of the general 

12 court or any committee or officer thereof, or to any such offence com- 
1:? mitted against any member of the general court, including any member 

14 of a special commission composed in part of members of the general 

15 court, while acting within the commonwealth in his official capacity as 

16 such member, whether such offence is committed within the state house 

17 elsewhere than as aforesaid, or upon premises outside the state house 
IS while officially used by a committee of the general court or by such a 

19 special commission, the sergeant-at-arms, the doorkeepers and assistant 

20 doorkeepers of either branch thereof, and its general court officers shall 

21 have and exercise all the powers of police officers, and in respect to the 

22 service within the commonwealth of such processes and orders as may 

23 be enjoined upon them by the general court or either branch or by any 

24 committee of the general court or either branch, they shall have the 

25 powers of constables. 

1 Section 18. There shall be a doorkeeper for each branch, each at a certain 

2 salary of twenty-seven hundred and fifty dollars, and such assistant s^g'ant-It-' 

3 doorkeepers as it may direct, each at a salary of twenty-two hundred "Xries. 

4 dollars; a postmaster at a salary of twenty-five hundred dollars; an f^gf 2^'s\*^' 

5 assistant postmaster at a salary of fifteen hundred dollars; a porter in o. s!2,'§i9; 

6 the lobby of the house of representatives at a salary of sixteen hundred isbs, 228. 

7 and fifty dollars; general court officers, each at a salary of two thou- i88o!2i2, 

8 sand dollars; pages whose compensation shall be seven hundred dollars rs'I.'su?- 

9 each for the regular annual session and a sum not exceeding three dollars ls^2^'2l7^' ^' 

10 for each day's service after such session; a clerk to take charge of the ^Ig^ ^jg 

11 legislative document room at a salary of twenty-seven hundred and SH.'s. ' 

12 fifty dollars, an assistant clerk of said room at a salary of twenty-one Hi,' 3. 

13 hundred dollars, and such assistants therein as may be necessary, for §§.5,11-14. 

14 \\ hose fitness and good conduct the sergeant-at-arms shall be responsible. 1905] lis! ^ ^' 

1907, 359, § 1. 1919, 183, § 1: 235, § 1; 1923, 400, § 1. 

1909, 174. 2S4; .3.50, § 22. 1924, 401, § 1. 

1911, 60; 115. 1920, 346; 593. 1927, 340, § 1. 

1914, 710. § 1. 1921, .367, § 1. 1930, 389, § 2; 

1917, 244. 1922, 366, § 1. 424, § 2. 

1 Section 19. The number of doorkeepers, assistant doorkeepers. Number of 

2 general court officers and pages of the senate and of the house shall not et°c'!^author-' 

3 exceed forty-one in all. ''"'"*• 

1879, 78, § 10. 1895, 11. 1919, 350, § 22. 

P. S. 2, § 27. R. L. 10, § 15. 1923, 228. § 1. 

1882, 257, § 4. 1910, 154, § 1. 1930, 389, § 3. 

1 Section 20. The sergeant-at-arms, doorkeepers, assistant doorkeep- Compensation 

2 ers, general court officers and pages, the postmaster and assistant post- to'^doorkeepers, 

3 master, the clerks in the sergeant-at-arms' office, and the clerk, assist- dSofkeepera, 



102 



THE GENERAL COURT. 



[Chap. ,3. 



general court 
officers, 
pages, etc. 
1915, 202. 

1917, 6. 

1918, 66. § 1. 

1919, 273, 
l§ 1, 2. 

1921, 498, § 2. 

1922, 8. 

1923, 229, 5 1. 

1924, S02, § 2. 
1928. 201, § 1- 
1930, 389, § 4. 



ant clerk and other assistants in the legislative document room shall each 4 

receive for each annual session four dollars and twenty cents for every 5 

mile of ordinary traveling distance from their places of abode to the 6 

place of the sitting of the general court. Payments to persons author- 7 

ized to receive compensation under this section shall be made from the 8 

treasury of the commonwealth in anticipation of an appropriation, in 9 

the month of January of each year, upon the certificate of the sergeant- 10 

at-arms approved by the president of the senate and the speaker of the 11 

house of representatives. 12 



Appointment, 
etc., of 
employees 
of sergeant- 
at-arms. 
1919,350, §22. 
1920, 593. 



Section 21. The sergeant-at-arms shall, immediately after his elec- 1 
tion, with the approval of the presiding officers of the two branches of 2 
the general court, appoint such employees as are necessary to fill any 3 
existing vacancies in the employees provided for by section eighteen; 4 
and no employee provided for by said section, excepting pages, shall 5 
be removed except with the consent of the presiding officer of the branch 6 
to which he is assigned or of both branches if he is assigned to both. 7 
The sergeant-at-arms may appoint and remove such additional clerical 8 
and other assistants as the duties of his office may require, and, subject 9 
to sections forty-five to fifty, inclusive, of chapter thirty and the rules 10 
and regulations made thereunder, may fix their compensation. 11 



Custody of 
journals, etc., 
of senate and 
house. 
1844, 153. 
G. S. 2, § 21. 
1876, Res. 24. 
P. S. 2, 5 28. 
R. L. 3, § 15. 



Section 22. The journals, files and papers of the senate and of the 
house of representatives shall be in the custody of their respective clerks 
during each political year, and thereafter in the custody of the state 
secretary. The clerk of each branch shall at all times have access to the 
Copies of such journals, files and papers, certified by the clerk of 



same. 



the branch to which they originally appertained or by the state secretary, 
shall be evidence in like manner as the originals. 



Engroesment 
of bills and 
resolves. 
Const, 
amend. 48. 
(Const. Rev. 
arts. 76-107.) 
1826, 37. 
R. S. 13, § 6. 
1836, 24. 
G. S. 2, § 22. 
1877, 201. 
P. S. 2, § 31. 
1901, 191. 
R. L. 3. § 19. 
1912. 170, § 1. 

1919, 364, § 1. 

1920, 388, § 2. 



Section 23. Bills and resolves passed to be engrossed by the general 
court, and bills for which initiative petitions are completed under the 
constitution of the commonwealth, shall, under the direction of the state 
secretary, be fairly engrossed on parchment or parchment paper in a plain 
and legible handwriting, or written by a typewriting machine, without 
interlineation, and with a margin of not less than one incli on each side, 
and in engrossing bills for which initiative petitions are completed 
the enacting clause shall be in the form prescribed by section three of 
chapter four. Each sheet on which bills are engrossed or typewritten 
shall be eighteen inches long and thirteen inches wide, and each sheet on 
which resoh-es are engrossed or typewritten shall be fifteen inches long 11 
and ten inches wide. The secretary shall cause the acts and resolves 12 
of each session to be neatly and strongly bound in separate volumes of 13 
convenient size and lettered on the back with a designation of the con- 14 
tents and the legislative year. If such original engrossed acts or resolves 15 
are becoming illegible, he shall cause parchment or parchment paper 16 
copies thereof, similar to the originals, to be engrossed, and shall attest 17 
them. Such attested copies shall have the same force and eft'ect as the 18 



1 
2 

3 

4 
5 
6 
7 
8 
9 
10 



originals. 



19 



Engrossment Section 24. All proposed amendments to the constitution which 1 
amendments havc bccn agrccd to in joint session of the two houses of the general court 2 
tStlon.""'"'" in the manner prescribed by the constitution shall be engrossed on parch- 3 



Chap. 3.] the general court. 103 

4 merit or parchment paper, certified by the clerk of such joint session, ises, ise. 

5 and deposited in the office of tiie state secretary. r. l. 3, § 20. 

1921, 480, § 41. 

1 Section 25. [Repealed, 1929, 41.] 

1 Section 26. No periodicals, publications or books, other than those Books, etc., 

2 printed for tlie use of the general court, shall be ordered for members OTde'red for 

3 thereof at the expense of the commonwealth. members. 

G. S. 2, § 10. P. S. 16, 5 49. R. L. 6, § 53. 



1 Section 27. Senators and representatives, acting as members of a Members of 

2 committee of the general court, may administer oaths to persons exam- m^'^dmfn- 

3 ined before such committee. isls.^lol"' 

R. S. 2, § 10. G. S. 2, § 20. p. S. 2, § 29. R, L. 3, § 16. 

1 Section 28. A person shall not be excused from attending and testi- beforrTnerai 

2 fying before either branch of the general court or before a committee court or 

3 thereof upon a subject referred to such committee on the ground that thereof. 

4 his testimony or evidence, documentary or otherwise, may tend to crim- p. s.'2, § so. 

5 inate him or subject him to a penalty or forfeiture; but he shall not be i902,l44, u. 

6 prosecuted or subjected to a penalty or forfeiture for or on account of [^l u Tm?^' 

7 any action, matter or thing concerning which he may be required to i6i u. s. 591. 

8 so testify or produce e\idence, except for perjury committed in such 

9 testimony. 

1 Section 29. Stenographic reports of hearings before legislative com- stenographic 

2 mittees or special commissions made at the expense of the common- I'sg'y?!^. 

3 wealth shall, at the conclusion of the work of such committees or com- igis.li.*^^' 

4 missions, be deposited in the state library. 

1 Section 30. Accounts for expenditures made or services rendered Expense.sm- 

r»i ii»i 1 c'li 11 ? 1 curred under 

2 under an order 01 the general court or 01 either branch thereof, other orders of the 

3 than by legislative committees, may be approved by the president or issv. Res. 19'. 

4 speaker, by the sergeant-at-arms, or by any other person to whose direc- a^l.' i5,^'§ 37. ' 

5 tion or supervision such expenditures or services have been specially p^^'fo^jlo' 

6 intrusted. R.L.a.Ms.' 

1917, 277, § 2. 

1 Section 31. Except as otherwise provided in this chapter, no joint Expenses of 

2 committee of the general court shall, unless authorized by order of both ofT™ 

3 branches, incur any expense to be paid by the commonwealth; and no f87"'i8'i™ri. 

4 committee of either branch shall, unless authorized by the branch to R.L.eC/44^' 

5 which it belongs, incur such expense. '•^^ ^'"^^ i^^- 

1 Section 32. No committee of the general court shall, after the close Expenses of 

2 of the regular session, incur any expense to be paid by the common- acUiS'during 

3 wealth unless there is an authorized appropriation therefor ; nor shall i858,''i58, § 12. 

4 a committee appointed to act during the recess of the general court incur f^^- l^g^^l' 

5 any such expense after the recess. p- '^^ i^, § 44. 

R. L. 6, § 45. 

1 Section 33. No hearing before a committee of the general court, or Advertisement 

2 of either branch thereof, shall be advertised at the expense of the com- committee 

3 monwealth in more than two newspapers published in any county, nor is^^fsi, § 2. 



104 



THE GENERAL COURT. 



[Chap. 3. 



p. S. 16. § 42. 
1885, 371. 

1897. 503. 

1898. 76, § 1. 
R. L. 6. § 46. 
1903, 283, § 1. 



more than twice in any newspaper; and no hearing on a matter of special 4 

legislation affecting the interest of only a portion of the commonwealth 5 

shall be advertised in any newspapers except in those published daily in 6 

the county of Suffolk and in the localities directly interested therein, if 7 

there are any so published, otherwise in those published weekly. No S 

hearing shall be advertised where the parties in interest can readily be 9 

reached by notices sent by mail. 10 



Form of 
advertisements. 
1898, 76, § 2. 
R. L. 6, § 47. 



Section 34. In all newspapers designated to advertise such hearings, 1 

the advertisements shall be uniformly printed in type not larger than 2 

nonpareil, set solid, and without display either in the headings or in the 3 

body of the advertisements. 4 



Designation of 
newspapers. 
1885. 371, § 2. 

1897. 503, § 2. 

1898, 76, § 3. 
R. L. 6. § 48. 
1903, 283, § 2. 
1921. 343. 
1923, 362, § 2. 



Section 35. Advertisements of hearings shall be published only in 
newspapers designated by the chairman of the committee on the part 
of the senate or of the house of representatives and the clerk of the 
committee, subject to the approval of the committees on rules sitting 
jointly or acting concurrently, and in each case the order for the adver- 
tisement shall be signed by the chairman and clerk of the respective 
committees, who shall designate therein the newspapers in which such 
advertisement is to be published, designating daily papers whenever 8 
such are available, and shall file the same with the comptroller, who 9 
shall thereupon forward a copy to the newspapers so designated for 10 
publication and shall give the necessary directions to secure uniformity 1 1 
in the style and manner of publication, as provided in the preceding 12 
section. The comptroller shall certify all bills for publishing such 13 
advertisements, and shall annually, during the first week in April, 14 
report in detail to the general court the expenses incurred by the several 1.5 
committees under this section. 1<J 



Postage for 
legislative 
committees. 
Stationery. 
1856, Res. 74. 
1877, 181, § 4. 
P. S. 16, 5 43. 
R. L. 6, 5 49. 



Section 36. Postage for committees of the general court shall be 1 

provided by the sergeant-at-arms, who shall be reimbursed therefor. 2 

The printing, binding and procuring of stationery for the use of the 3 

senate and house of representatives shall be under the direction of the 4 

clerk of each branch, respectively, and shall be approved by him. 5 



Auditing of 
expenses of 
legislative 
committees. 
1875, 186, i 1. 
1877, 181, § 3. 
P. S. 16, § 45. 
R. L. 6, 5 50. 
1923, 362, i 3. 



Section 37. Except as provided in the two preceding sections, no 1 

money shall be paid from the treasury for expenses incurred by com- 2 

mittees of the general court unless, at the beginning of each month and 3 

at other convenient and necessary times during the session, the clerk of 4 

the committee prepares a schedule, on forms furnished by the comp- 5 

trolier, of the expenses incurred for which bills have been rendered, which 6 

shall be approved in writing by a majority of the members of the com- 7 

mittee and transmitted to the comptroller. If a bill for an authorized 8 

expense incurred during a regular or special session of the general court 9 

is not rendered during such session so that it can be approved as afore- 10 

said, the written approval of a majority of the members of the committee 11 

shall be sufficient to authorize the comptroller to certify it. 12 



Payment of 

fees for 

witnesses 

before general 

court. 

1859, 221, 5 1. 

G. S. 15, 5 46. 



Section 38. Money appropriated for fees of witnesses before the 1 

general court may be paid to the sergeant-at-arms, who shall pay there- 2 

from the legal fees due to witnesses summoned before committees 3 

authorized to send for persons and papers, upon the certificate of the 4 



Chap. 3.] the general court. 105 

5 chairman or other member authorized by the committee to certify ism, 4i, 

(5 sucii accounts, as soon as may be after said witnesses have been dis- p s! lb. 

7 charged, and in like manner shall pay the expense of taking depositions R^r!'6^^§5i. 

8 authorized by such committees, and shall, within ten days after proro- ^^^^' ^*-' * *■ 

9 gation, return to the comptroller an account of such payments, and 

10 repay to the state treasurer the unexpended balance of such money. 

11 If witnesses are summoned in any session before an appropriation for 

12 their payment has been made, the governor may draw his warrant for 
1.3 an amount not exceeding the appropriation made in the preceding fiscal 
14 year, and in no case exceeding three hundred dollars. 

1 Section 39. The following terms, when used in this chapter, shall .P.^fip','"™ °t 

. . ° I- > legislative 

2 have the lollowmg meanmgs: ''o™'". 

3 "Legislative counsel", any person who for compensation appears at tiveaRent". 

4 any public hearing before any committee of the general court in regard 

5 to proposed legislation, and who does no other acts in regard to the same 

6 except such things as are necessarily incident to such appearance before 

7 such a committee; 

8 "Legislative agent", any person who for hire or reward does any act 

9 to promote or oppose legislation except to appear at a public hearing 
10 before a committee of the general court as legislative counsel. 

1 Section 40. A person employing or agreeing to employ a person Names of 

2 to act as counsel or agent to promote or oppose, directly or indirectly, couLrf'and 

3 legislation by the general court, or to act as legislative counsel or agent, entereVon'a 

4 shall, within one week after such employment or agreement, cause the i89of456"^§ i 

5 name of such counsel or agent to be entered upon a docket as provided ^^l- l^^.'gV 

6 in the following section; and such counsel or agent shall also enter his 236Mms 121 

7 name upon such docket. The termination of such employment may be 311. ' 

8 entered opposite to the name of such counsel or agent either by him or tPenaity, § 49 ] 

9 by his employer. 

1 Section 41. The sergeant-at-arms shall keep a docket in which shall fr™ to'keep 

2 be entered the names of all who are employed as legislative counsel p°°^of^'°- 

3 and of all counsel who act or advise in relation to legislation. He shall fS^""^ 

4 also keep a docket in which shall be entered the names of all who are i89i! 223! § 2. 

5 employed as legislative agents and of all persons employed for other 1 bp'. a. gT*' 

6 purposes rendering any services as such agents. Such entries shall in- 3 op. a. g. 

7 elude the name and business address of the employer, the name, residence *®®- 

8 and occupation of the employee, the date of the emplojinent or agree- 

9 ment therefor, the duration of the emplojTnent, if it can be determined, 

10 and the special subjects of legislation, if any, to which the emplojTnent 

11 relates. 

1 Section 42. A person employing any legislative counsel or agent f^^f":^"^, 

2 shall, as subjects of legislation are introduced which such counsel or be specified on 

3 agent is to promote or oppose, make additional entries under the name of i89o,''4m. § 3. 

4 such employer in the appropriate docket, stating such special employment r/'l. 3' i 25. ' 

5 and specifically referring to the petitions, orders, bills or other subjects leg." ^' ^' 

6 of legislation to which it relates. Such entries shall also be made opposite [Penalty, § 49.1 

7 the names of such counsel or agent so that the entries opposite the name 

8 of an employer shall show all the subjects of legislation relative to which 

9 any counsel or agent is employed by him, and so that the entries opposite 



106 



THE GENERAL COURT. 



[Chap. 3. 



Members of 

political 

committees 

not to be 

legislative 

agents. 

Compensation 
not to be 
contingent 
upon action 
of general 
court. 
Legislative 
counsel not to 
act as 
legislative 
agent, when. 
1890, 456, § .3. 



the name of every person employed shall show all the subjects of legisla- 10 

tion with reference to which he is employed. No legislative committee 11 

shall allow a person to appear as counsel before it in respect to any 12 

legislation not described in the docket of legislative counsel against his 13 

name. 14 

Section 43. No member of a state or district political committee 1 
shall act as legislative agent. 2 

1911, 728, § 1. [Penalty, § 49,1 

Section 44. No person shall be employed as a legislative counsel or 
agent for a compensation dependent upon the passage or rejection of 
proposed legislation or upon any other contingency connected with the 
action of the general court or of either branch or of a committee thereof. 
A person whose name is entered upon the docket of legislative counsel 
shall not render service as legislative agent unless his name is also entered 
upon the docket of legislative agents. 

1891, 223, § 2. R. L. 3, § 26. [Penalty, § 49.] 



Written au- 
thority to be 
filed with 
sergeant-at- 
arms. 

1895, 410. 

1896, 342, § 1. 



Section 45. Every legislative counsel or agent shall, within ten 
days after entering his name upon a docket as hereinbefore provided, file 
with the sergeant-at-arms a written authority to act as such counsel or 
agent, signed by the person for whom he assumes to act. 

R. L. 3, § 27. [Penalty, § 49.) 



Proceedings 
for disbar- 
ment. Effect 
of disbarment. 
1890, 4.56, § 4. 
R. L. 3, § 28. 



Opening, 
closing and 
disposition 
of legislative 
dockets. 
1890, 456, § 5. 
1894, 298. 
R. L. 3, § 29. 



Section 46. The general court may, upon cause shown therefor, 1 

disbar a person from acting as a legislative counsel or agent; but a 2 

person against whom proceedings for disbarment are brought shall 3 

be allowed a hearing before a committee or otherwise as the general 4 

court may determine. No person who has been so disbarred shall be 5 

employed as legislati\e counsel or agent within three years after such 6 

disbarment. 7 



Section 47. The dockets of legislative counsel and agents for each 
year shall be closed upon the prorogation of the general court, and the 
dockets for the ensuing year shall then be opened. Within thirty days 
after such prorogation, the sergeant-at-arms shall deposit in the office 
of the state secretary the dockets which have been so closed. 



Employers of 
legislative 
counsel and 
agents to file 
statements, etc, 

1890, 4.56, § B. 

1891, 223, § 2. 
R, L. 3, § 30. 
1913, 434, 

3 Op. A, G. 
469. 

[Penalty, § 49.) 



Section 48. Within thirty days after the prorogation of the gen- 
eral court, every person whose name appears upon the dockets so closed 
as an employer of any legislative counsel or agent shall render to the 
state secretary a complete and detailed statement, on oath, of all ex- 
penses incurred or paid in connection with the employment of legisla- 
tive counsel or agents or with promoting or opposing legislation. When 
such expense is included in an employment by annual salary or retai^ier, 
the statement shall specify the amount of the salary or retainer appor- 
tioned therefor. In case such employment is without any such appor- 
tionment, then the total salary or retainer which includes such services 
shall be stated. Such statements shall be in such form as the state sec- 
retary may prescribe, and shall be open to public inspection. 



1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 



fl9o'456 5 7 Section 49. Violations of any jji-ovision of sections forty, fortj'-two, 1 
1896; 342; forty-three, forty-four and forty-eight shall be punished by a fine of not 2 



Chap. 3.] the geneiul court. 107 

3 less than one hundred nor more than one thousand dollars. Any person r. l. 3, 

4 acting as legislative counsel or agent contrary to any provision of sec- i9ii,'728. 

5 tions forty, forty-two, forty-three and forty-four shall, in addition to such 

6 fine, be disqualified from acting as legislative counsel or agent for three 

7 years from the date of conviction of such offence. Violation of section 

8 forty-five shall be jHuiished by a fine of not more than one thousand 

9 dollars or by disqualification from acting as legislative counsel or agent 

10 for three years, or by both such fine and disqualification. The attorney 

11 general shall cause prosecutions to be instituted for violations of any 

12 proxision of sections forty, forty-two to forty-five, inclusive, forty-seven 
Vo and forty-eight. 

1 Section 50. Sections thirty-nine to fortv-nine, inclusive, shall not c-rtain 

. ^ „. ... . sections not 

2 apply to the employment by a town or its solicitor or an assistant so- to apply to 

3 licit or to represent it in any legislative proceeding; provided, that such or"own'"'^ 

4 solicitor or assistant solicitor receives no compensation for his services 

5 other than the regular salary attaching to his office. 

ISOO, 456. § 8. R. L. 3, § 32. 1922, 210. 



solicitors or 

assistant 

solicitors. 



CONTINUOUS CONSOLIDATION OF THE GENERAL STATUTES. 

1 Section 51. The committees on rules of the senate and house of £°"tfand'' 

2 representatives shall each appoint a skilled person to act as counsel to p°"nfn,p^tP" 

3 the senate and house of representatives, respectively, at such compen- ^',,''tigg'^'^''''''° 

4 sation as the said committees may approve. The persons so appointed 1020, 640, § 1. 

5 shall serve for the term of two years from the date of appointment, sub- 

6 ject to the pleasure of the said committees. They shall, under the di- 

7 rection of the said conuuittees, annually prepare a table of changes in 

8 the general statutes, an index to the acts and resolves, and shall from 

9 time to time, under the direction of the said committees or of the gen- 
10 eral court, consolidate and incorporate in the General Laws all new gen- 
ii eral statutes. They shall, from time to time, under like direction, make 

12 such additions and re\isions in the index of the General Laws as may be 

13 necessary to insure its prompt publication in connection with future 

14 revisions of the statutes. The said committees may direct that copies 

15 of the index containing such additions and revisions be deposited, from 

16 time to time, in the office of the state secretary or elsewhere and made 

17 available for public use. 

1 Section 52. The said counsel shall, under like direction, assist Counsel to 

,1 n . • draft bills, 

2 members and committees 01 the senate and house or representatives in etc. 

3 drafting bills, and shall advise and assist the committees on bills in the 

4 third reading. They shall, so far as possible, draft all bills proposed for 

5 legislation as general statutes in the form of specific amendments of or 

6 additions to the General Laws. 

1 Section 53. The said counsel may, from time to time, submit to counsel to 

2 the general court such proposed changes and corrections in the general ra^rectlona, 

3 statutes as they deem necessary or advisable, including recommenda- !?evfstons. etc. 

4 tions for the repeal of such statutory provisions as have become obsolete }^|°| 24?'§\*' 

5 or the reasons for the enactment of which have ceased to exist. If, |927, es.^ ^ 

6 in their opinion, the necessity of enacting special bills in relation to any 

7 particular subject of legislation may, without detriment to the public 

8 interest, be avoided in whole or in part by the enactment of general 



108 



THE GENERAL COURT. STATUTES. 



[Chaps. 3, 4. 



Assistance and 
expenses. 
1920, 640, 5 4. 



legislation, they shall from time to time submit to the general court 9 

drafts of such changes in or additions to the General Laws as will accom- 10 

plish said purpose. They shall, as early as practicable after prorogation, 11 

file in the office of the state secretary a copy of all amendments of and 12 

additions to the General Laws, which shall be open to public inspection. 13 

They shall advise and assist as to the form of drafts of bills submitted 14 

to them in accordance with section thirty-three of chapter thirty. 15 

Section 54. The said counsel may employ such legal and other 1 

assistance as may be necessary in the discharge of their duties, subject 2 

to the approval of the said committees on rules, and may expend with 3 

like approval such sums as may be necessary for office, printing and 4 

other expenses. 5 



Counsel, etc. 
legislative 
officers. 
Exemption 
from civil 



Section 55. The said counsel shall not be deemed to be executive 1 

or administrative officers within the meaning of the constitution, but 2 

shall serve directly under the general court. They and their assistants 3 

1920,640, §5. shall not be subject to chapter thirty-one. 4 



CHAPTER 4 

STATUTES. 



Sect. 
1. 
2. 
3. 



When statutes shall take effect. 
Resolves to take effect upon passage. 
Enacting style of proposed laws sub- 
mitted by initiative. 

4. Acceptance of statute by city or town. 

5. Return to be made to state secretary 

of acceptance or rejection, etc., of 
certain acts and resolves. 

6. Rules for construing statutes. 

7. Meaning of certain words in constru- 

ing statutes. 
7A. [Amended into special act.] 



Sect. 
8. 

9. 

9A. 

9B. 



10. 
11. 



Construction of special acts authoriz- 
ing indebtedness. 

Performance of certain acts on day 
after Sunday or legal holiday. 

Unsealed instruments, when given 
effect of sealed instruments. 

Impression, etc., of certain seals 
upon documents without use of 
wax or wafers. 

Daylight saving. 

Marginal references. 



When statutes 
shall take 
effect. 

R. S. 2, §5 4, 5. 
G. S. 3, 8 6. 
P. S. 3, § 1. 
R. L. 8, § 1. 
1919, 97. 
1931, 426, 
§ 126. 

10 Mass. 290. 
3 Gray, 601. 
6 Gray, 316. 
16 Gray, 144. 

108 Mass. 30. 

109 Mass. 355. 
118 Mass. 168, 
502. 

197 Mass. 178. 

212 Mass. 253. 

213 Mass. 222. 
219 Mass. 211. 
255 Mass. 369. 
267 Mass. 430. 
269 Mass. 373. 

3 Op. A. G. 249. 

4 Op. A. G. 298. 



Section 1. A statute enacted by the general court which may be 1 
made the subject of a referendum petition and which is declared therein 2 
to be an emergency law, unless otherwise expressly provided therein, 3 
shall take effect as soon as it has the force of a law conformably to the 4 
constitution. A statute so enacted which may not be made the subject 5 
of such a petition and for which a different time of taking effect is not G 
therein expressly proxitled shall take effect as soon as it has the force of 7 
a law as aforesaid if it is declared therein to be an emergency law, other- 8 
wise on the thirtieth day next after the earliest day on which it has the 9 
force of a law as aforesaid; provided, that a statute so enacted which 10 
may not be made the subject of such a petition and which is to take 11 
effect upon its acceptance by a municipal or other corporation or by 12 
any board or officer thereof, unless otherwise expressly provided therein, 13 
shall, for the purpose of such acceptance only, take effect as soon as it 14 
has the force of a law as aforesaid. 15 



Chap. 4.] statutes. 109 

1 Section 2. A resolve, unless otherwise expressly provided therein, Resoiveiito 

2 shall take effect as soon as it has the force of a law conformably to the upon'iSs'sage 

3 constitution. '>'''*■ ^^^'■ 

p. S. 3, § 2. R. L. 8, § 2. 1931, 426, § 126. 

1 Section 3. The enacting style of all measures submitted to the Enacting style 

2 people in pursuance of an initiative petition for a law shall be: Be it faimsubmitted 

3 enacted by the People, and by their authority. im'mTi. 

1 Section 4. Wlierever it is provided that a statute shall take effect Acceptance of 

„ . I . , 111 statute by 

2 upon its acceptance by a city or town, such acceptance shall, except city or town. 

3 as otherwise provided in such statute, be, in a city, by vote of the city 

4 council or, in a town, by vote of the inhabitants thereof at a town 

5 meeting. 

1 Section 5. If an act or resolve is to take effect upon its acceptance Return to be 

2 by a municipal or other corporation, a return of the action taken by ^cre'ta?y^of^ 

3 such corporation shall be made by its clerk to the state secretary within rekcUmrttX 

4 thirty days thereafter. If such act or resolve prescribes a time within aLd"esorves'* 

5 which it may be accepted, and within the time limited it is rejected r*l'8°'5 3 

6 or no action is taken thereon, said clerk shall, within thirty days after i Op. a. g.' 

7 the expiration of the time so limited, make a return to the state secretary, 

8 stating that such act or resolve was rejected or that no action was taken 

9 thereon. 

1 Section 6. In construing statutes the following rules shall be ob- Rules for 

2 served, unless their observange would involve a construction incon- 8t'a"'i!tes.°^ 

3 sistent with the manifest intent of the law-making body or repugnant to p. 1. 1; §3; 

4 the context of the same statute: R- ^ *• ^ *• 

1919, 301, § 1. 194 Mass. 485. 

5 First, The repeal of a statute shall not revive any previous statute. Repeal not to 

6 except in case of the repeal of a statute, after it has become law, by "rrvlous"^ 

7 vote of the people upon its submission by referendum petition. iseg'^o 

p. S. 3, § 3. cl. 1. 1919. 301, § 1. 4 Op. A. G. 547. 

R. L. 8, § 4, cl. 1. 232 Mass. 28. 

8 Second, The repeal of a statute shall not affect any punishment. Repeal not to 

9 penalty or forfeiture incurred before the repeal takes effect, or any suit, efc^l^p^l^o'S' 

10 prosecution or proceeding pending at the time of the repeal for an offence 'iseg^'^^b. 

1 1 committed, or for the recovery of a penalty or forfeiture incurred, under ^| | ^' ^ ^• 

12 the statute repealed. r. l. 8, §4. 

1919, 301, § 1. 123 Mass. 407. 184 Mass. 515. 

108 Mass. 30. 150 Mass. 315. 210 Mass. 445. 

13 Third, Words and phrases shall be construed according to the common How words and 

14 and approved usage of the language; but technical words and phrases Ee^struld. 

15 and such others as may have acquired a peculiar and appropriate mean- ^ f ^' ^ ^• 

16 ing in law shall be construed and understood according to such meaning. ^ a 3. § 7, 

p. S. 3, § 3. cl. 3. 204 Mivss. 42. 225 Mass. 349. 

R. L. 8. § 4, cl. 3. 205 Mass. 124. 230 Mass. 370. 

1919, 301, § 1. 210 Mass. 588. 267 Mass. 496. 

7 Allen, 287, 304. 213 Mass. 79. 4 Op. A. G. 307, 

8 Allen, 297. 218 Mass. 8, 14. 320, 348. 
10 Allen, 155. 222 Mass. 563. 

17 Fourth, Words importing the singular number may extend and be Number and 
IS applied to several persons or things, words importing the plural number r."|", 5 e, ci. 2. 



110 



STATUTES. 



[Chap. 4. 



may include the singular, and words importing the masculine gender may 19 

20 



G. S. 3, 5 7, 

P.S.3, §3, ci. 4. include the feminine and neuter 



Joint 

authority. 

R. S. 2, § 6, 

cl. 3. 

G. S. 3, § 7, 

cl. 3. 

P.S.3, §3, cl. 5. 



Oath or 
acknowledg- 
nient, befOTe 
whom; dis- 
pensed with, 
when. 

1926. 187, 5 2. 
1931, 394, 
§ 183. 



Action by 
city council. 



Publication 
where no news- 
paper in city 
or town, etc. 
1912, 360. 
228 Mass. 417. 
270 Mass. 96. 



Penalty, etc., 
to be for each 
offence. 



R. L. 8, § 4, cl. 4. 
1919, 301, § 1. 
105 Mass. 33. 



127 Mass. 563. 
131 Mass. 376. 
242 Mass. 277. 



267 Mass. 496. 
3 Op. A. G. 93. 



Fifth, Words purporting to give a joint authority to, or to direct any 21 
act by, three or more public officers or other persons shall be construed as 22 
giving such authority to, or directing such act by, a majority of such 23 
officers or persons. 24 



R. L. 8, 5 4. cl. 5. 
1919, 301. § 1. 
6 Met. 340. 
5 Gush. 269. 



7 Gray. 128. 
16 Gray. 341. 
113 .Mass, 161. 
152 Mass. 500. 



195 Mass. 72. 

201 Mass. 107. 

Op. A. G. (1920) 234. 



Sixth, Wherever any writing is required to be sworn to or acknowl- 
edged, such oath or acknowledgment shall be taken before a justice uf 
the peace or notary public, or such oath may be dispensed with if the 
writing required to be sworn to contains or is verified by a written decla- 
ration under the provisions of section one A of chapter two hundred and 
si.\ty-eight. 

Seventh, Wherever action by more than a majority of a city council is 
required, action by the designated proportion of the members of each 
branch thereof, present and voting thereon, in a city in which the city 
council consists of two branches, or action by the designated proportion 
of the members thereof, present and voting thereon, in a city having a 
single legislative board, shall be a compliance with such requirement. 

Eighth, Wherever publication is required in a newspaper published 
in a city or town, it shall be sufficient, when there is no newspaper pub- 
lished therein, if the publication is made in a newspaper published in 
the county where the city or town is situated; and for this purpose a 
newspaper which by its title page purports to be printed or published in 
such city, town or county and which has a circulation therein, shall 
be deemed to have been published therein. 

Ninth, Wherever a penalty or forfeiture is provided for a violation of 
law, it shall be for each such violation. 



2,5 
2G 
27 
2S 
29 
.30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 



Meaning of SECTION 7. 

certain words ., • i * • i ^ • ^ x' i t 

in construing the meanings herein given, unless a contrary intention clearly appears: 



In construing statutes the following words shall have 1 

2 



statutes. 



"Aldermen", 

1913, 835, § 1. 
182 Mass. 524. 
225 Mass. 104. 

"Annual 
meeting". 
R. S. 2, § 6. 
cl. 4. 
1837, 52. 



"Assessor". 



"Charter" 



"City 
solicitor" 



"District". 
1931,394, §208. 



G. S. 3, i 7. 



P. S. 3, § 3. 



R. L. 8. 



First, "Aldermen", "board of aldermen", "mayor and aldermen", 
"city council" or "mayor" shall, in a city which has no such body or 
officer, mean the board or officer having like powers or duties. 

Second, "Annual meeting", when applied to towns, shall mean the 
annual meeting required by law to be held in the month of February, 
March or April. 

G. S. 3, § 7, cl. 4. P. S. 3, § 3, cl. 6. R. L. 8, § 5, cl. 1. 

Third, "Assessor" shall include any selectman acting as assessor and 
any person chosen in accordance with law to perform the duties of an 
assessor. 

Fourth. [Repe.\led, 1921, 486, § 1.] 

Fifth, "Charter", when used with reference to cities or towns, shall 13 
include any special act or provision relating thereto. 14 

Sixth, "City solicitor" shall inclutle the head of the legal department 15 
of a city or town. IG 

Seventh, "District", when applied to courts or the justices or other 17 
officials thereof, shall include municipal. 18 



9 
10 
11 
12 



Chap. 4.] statutes. Ill 

19 Eighth, "Dukes", "Dukes county" or "county of Dukes" shall mean "Dukes 

20 the county of Dukes county. °°"° y . e c. 

21 Ninth, "Fiscal year", when used with reference to the commonwealth "Fiscal year" 

22 or any of its offices, departments, boards, commissions or institutions, mrmweau™' 

23 shall mean the year beginning with December first and ending with the Ig^l; J^i; | }; 

24 following November thirtieth, both inclusive. i9i8;257;5476. 

1919, 5. 1920, 2. 

25 Tenth, "Gaming", "illegal gaming" or "unlawful gaming" shall "f„l'^^j'^"- 

26 include every act punishable under any law relative to lotteries, policy m^™|'^^^,(J, 

27 lotteries or policy, the buying and selling of pools or registering of bets, gaming". 

1895, 419, § 1. R. L. S, § 5, cl. 2. 241 Mass. 319. 

2S Eleventh, "Grantor" may include every person from or by whom a "Grantor" and 

29 freehold estate or interest passes in or by any deed; and "grantee" may ji'i%'^\ b, 

30 include every person to whom such estate or interest so passes. G.s.'3f§'7,^i.\ 

p. S. 3. § 3, cl. 7. 5 Mass. 438. 165 Mass. 359. 

R. L. S, § 5, cl. 3. 5 Cush. 359. 

31 Twelfth, "Highway", "townway", "public way" or "way" shalP" Hie'»™y "• 

32 include a bridge which is a part thereof. R- s. 2, § e, ci. 6. 

G. S. 3, § 7, cl. 6. P. S. 3, § 3, cl. 8. R. L. 8, 5 5, cl. 4. 

33 Thirteenth, " In books", when used relative to the records of cities and "in books". 

34 towns, shall not prohibit the making of such records on separate leaves, 

35 if such leaves are bound in a permanent book upon the completion of a 

36 sufficient number of them to make an ordinary volume. 

37 Fourteenth, "Inhabitant" may mean a resident in any city or town, "inhabitant". 

Const, pt 2, c. 1, 5 2, art. 2. G. S. 3, § 7. cl. 7. 6 Allen, 423. 

(Const. Rev. art. 46.) P. S. 3, § 3. cl. 9. 122 Mass. 594. 

R. S. 2, § 6, cl. 7. R. L. 8, § 5, cl. 5. 260 Mass. 562. 

38 Fifteenth, "Insane person" and "lunatic" shall include every idiot, "J^" „"„"? ^nd 

39 non compos, lunatic and insane and distracted person. lunatic". 

R. S. 2. § 6, cl. 8; G. S. 3, § 7, cl. 8. R. L. 8. § 5, cl. 6. 

79, § 34. P. S. 3, § 3. cl. 10. 194 Mass. 486. 

40 Sixteenth, "Issue"^ as applied to the descent of estates, shall include "We". 

41 all the lawful lineal descendants of the ancestor. ci.'giei, §13. 

G.S. 3, §7, cl.9. P. S. 3, § 3, cl. 11. R. L. 8, § 5, cl. 7. 140 Mass. 267. 

42 Seventeenth, "Land", "lands" and "real estate" shall include lands, "Land;;, 

43 tenements and hereditaments, and all rights thereto and interests therein; "rtai estate". 

44 and " recorded ", as applied to plans, deeds or other instruments affecting r^|™2'^^'^§'^6, ' 

45 land, shall, as afl'ecting registered land, mean filed and registered. f-^l°'' ^°' 

G. S. 3, § 7, cl. 10. 120 Mass. 157. 243 Mass. 129. 

P. S. 3, § 3, cl. 12. 138 Mass. 376. 3 Op. A. G. 34. 

R. L. 8, § 5, cl. 8. 155 Mass. 505. 

46 Eighteenth, "Legal holiday" shall include January first, February "Legal 

47 twenty-second, April nineteenth. May thirtieth, July fourth, the first isse.^ns. § i. 

48 Monday of September, October twelfth, November eleventh, Thanks- ^ggt,?!.^^'*' 

49 giving day and Christmas day, or the day following when any of the five ^si2.%^ ^*' 

50 days first mentioned, October twelfth, November eleventh, or Christmas {ss^, 263. ^ ^ 

51 day occurs on Sunday; and the public offices shall be closed on all of is9fi: 162' § 1. 

52 said days. <^'- 9- 

1910. 473. 1916, 104, 5 1- 271 Mass. 323. 

1911, 136. 192S, 235. 3 Op. A. G. 467. 

53 Nineteenth, "INIonth" shall mean a calendar month, except that, ;;Month"and 
64 when used in a statute providing for punishment by imprisonment, one r^s'2,§6, 



112 



STATUTES. 



[CH-IP. 4. 



§7, 



G. S. 3. 
cl. 11. 
P. S. 3, § 3, 
cl. 13. 



"month" or a multiple thereof shall mean a period of thirty days or the 55 
corresponding multiple thereof; and "year", a calendar year. 56 



"Net 

indebtedness". 
1875, 209. §§ 6, 
10. 

1880. 32. 
P. S. 29, 
§5 2, 3. 
1883, 127. 



"Oath". 
R. S. 2, § 6, 
ol. 12. 



"Ordinance" 
G. S. 3. § 7, 
cl. 21. 



"Person" and 
"whoever". 
R. S. 2, § 6, 
cl. 13. 



" Place". 



"Preceding" 
and "follow- 
ing". 

R. S. 2, § 6, 
cl. 14. 

G. S. 3, § 7. 
cl. 14. 



"Public^ 
records". 
1897. 439. § 1. 
R. L. 35. § 5. 
1928. 192. § 3. 
197 Mass. 218. 
256. 

214 Mass. 254. 
218 Mass. 501. 
224 Mass. 6. 
253 Mass. 430. 

2 Op. A. G. 
381. 

3 Op. A. G. 
122, 136, 351. 

"Salary". 

"Savings 
banks". 



"Spendthrift". 
R. S. 79. § 34. 
G. S. 3, § 7, 
cl. 8. 

P. S. 3, § 3, 
cl. 20. 

"State" and 

"United 

States". 

R. S. 2. 5 6, 

cl. 16. 

G. S. 3. 5 7. 

cl. 16. 



R. L. 8. §5. cl. 11. 
19 Pick. 532. 



14 Grav. 37. 
217 Mass. 520. 



Op. A. G. (1918) 58. 



Twentieth, "Net indebtedness" shall mean the indebtedness of a 57 
county, city, town or district, omitting debts created for supplying the 58 
inhabitants with water and other debts exempted from the operation of 59 
the law limiting their indebtedness, and deducting the amount of sinking 60 
funds available for the payment of the indebtedness included. 61 

cl. 2. f; 



1894. 317. § 21. 
522. § 34, cl. 4. 



1895. 164, 

R. L. 8. § 5. cl. 12. 



Twenty-first, "Oath" shall include affirmation in cases where by law 62 
an affirmation may be substituted for an oath. 63 

G. S. 3, § 7, cl. 12. P. S. 3, 5 3, cl. 14. R. L. 8, § 5, cl. 14. 

Twenty-second, "Ordinance", as applied to cities, shall be synonymous 64 



with by-law. 

P. S. 3, 5 3, cl. 15. 

Twenty-third, "Person" or "whoever" 
societies, associations and partnerships. 



R. L. 8, 5 5, cl. 15. 



shall include corporations, 



65 

66 

67 



G. S. 3, § 7, cl. 13. 
P. S. 3, § 3. cl. 16. 
R. L. 8. § 5. cl. 16. 

3 Cush. 25. 

4 Cush. 588. 
6 Cush. 477. 
12 Cush. 54. 



8 Grav. 509. 
8 Allen. 207. 
118 Mass. 354. 
153 Mass. 42. 
206 Mass. 417. 
209 Mass. 38. 



Twenty-fourth, "Place" may mean a city or town. 



G. S. 3, § 7. cl. 18. 
P. S. 3, § 3, cl. 17. 



R. L. 8. § 5. cl. 
11 Gray, 81. 



211 Mass. 561. 
214 Mass. 79. 
220 Mass. 42. 
243 Mass. 94. 
246 Mass. 235. 
4 Op. A. G. 342. 



102 Mass. 214. 



68 



69 
70 
71 
72 



Twenty-fifth, "Preceding" or "following", used with reference to any 
section of the statutes, shall mean the section last preceding or next 
following, unless some other section is expressly designated in such 
reference. 

p. S. 3, § 3, cl. 18. R. L. 8, 5 5, cl. 18. 

Twenty-skth, "Public records" shall mean any written or printed 73 
book or paper, any map or plan of the commonwealth, or of any county, 74 
city or town which is the property thereof, and in or on which any entry 75 
has been made or is required to be made by law, or which any officer or 76 
employee of the commonwealth or of a county, city or town has received 77 
or is required to receive for filing, and any book, paper, record or copy 78 
mentioned in sections five to eight, inclusive, and sixteen of chapter 79 
sixty-six, including public records made by photographic process as 80 
provided in section three of said chapter. 81 

Twenty-seventh, "Salary" shall mean annual salary. _ 82 

Twenty-eighth, "Savings banks" shall include institutions for savings. 83 

R. L. 113, § 10. 1908. 590. §§ 1. 69. 

Twenty-ninth. [Repealed, 1929, 377, § 1.] 84 

Thirtieth, "Spendthrift" shall mean a person who is liable tobe put 85 

under guardianship on account of excessive drinking, gaming, idleness 86 

or debauchery. °' 

R. L. 8. § 5. cl. 20. 

Thirty-first, "State", when applied to the difi"erent parts of the 88 
United States, shall extend to and include the District of Columbia and 89 
the several territories; and the words "United States" shall include 90 
said district and territories. 9^ 

p. S. 3. § 3, cl. 21. R. L. 8, § 5. cl. 21. 



ClIAP. 4.] STATUTES. 113 

92 Thirty-second, "State auditor" and "state secretary" shall mean "state audi- 

93 respectively the auditor of the commonwealth and the secretary of the secretary* " 

94 commonwealth. " State treasurer " or " treasurer of the commonwealth " trclsu^er" 

95 shall mean the treasurer and receiver general as used in the constitution '^^''' ^^*' 

96 of the commonwealth, and shall have the same meaning in all contracts, 

97 instruments, securities and other documents. 

98 Thirty-third, "Swear" shall include affirm in cases in which an af- "Swear". 

99 firmation may be substituted for an oath. When applied to public c.°6,Vrt. i. ' 
1(10 officers who are required by the constitution to take oaths therein pre- amend. 6. 

101 scribed, it shall refer to those oaths; and when applied to any other ^^"Tlg.f'''' 

102 officer it shall mean sworn to the faithful performance of his official ^8®i2^'2o''' 

103 duties. ps/ §1. 

R. L. S, § 5, cl. 22. "'• ■'^■ 

104 Thirty-fourth, "Town", when applied to towns or officers or em- "Town". 

105 ployees thereof, shall include city. ci. fi^' ^' 

G. S. 3. § 7, cl. 17. 148 Mass. 148. 251 Mass, 82. 

P. S. 3, § 3, cl. 23. 153 Mass. 40. 270 Mass. 185. 

R. L. 8, §5. cl. 23. 187 Mass. 1.50. 272 Mass. 547. 

140 Mass. 381. 191 Mass. 78. 

106 Thirty-fifth, "Valuation", as applied to a town, shall mean the valua- "Valuation". 

107 tion of such town as determined by the last preceding apportionment 

108 made for the purposes of the state ta.x. 

109 Thirty-si.\th, "Water district" shall include water supply district. dSricr 

110 Thirty-seventh, "Will" shall include codicils. "Win". 

R. S. 2. § 6, cl. 18. P. S, 3. § 3. cl, 24. 5 Cush. 245. 

G. S. 3, § 7, cl. 19. R. L. 8, § 5, cl. 24. 

111 Thirty-eighth, "Written" and "in writing" shall include printing, en- "W"-i".<'n",and 

112 graving, lithographing and any other mode of representing words and r. .s. 2, §6,' 

113 letters; but if the written signature of a person is required by law, it g. s 3, §7, 

114 shall always be his own handwriting or, if he is unable to write, his p |°3 §3 

115 mark. '='-25' 

R. L. 8, 5 5, cl. 25. 157 Mass. 439. 229 Mass. 435. 

9 Pick. 312. 210 Mass. 588. 4 Op. A. G. 316. 

116 Thirtv-ninth, "Annual election", as applied to municipal elections in ''Annual 

117 cities holding such elections biennially, shall mean biennial election. to cities ' 

„, „ holding munici- 

1924, 3G0. pal elections 

biennially. 

118 Fortieth, "Surety" or "Sureties", when used with reference to a "Surety" or 

119 fidelity bond of an officer or employee of a county, city, town or district, wkh reference 

120 shall mean a surety company authorized to transact business in the deiity'bSids' 

121 commonwealth. i924,404, §i. 

122 Fortv-first, "Population", when used in connection with the number "Population", 

* With rBi^rcncc 

123 of inhabitants of a county, city, town or district, shall meati the popu- to inhabitants 

124 lation as determined by the last preceding state or national census. 1931, 426,' §127. 

125 Forty-second, "Court", when used in provisions applicable to both "Court". when 

126 district courts and trial justices, shall include trial justice. triaUustice. 

1931, 426, § 127. 

1 Section 7A. [Inserted, 1922, 151, § 1; amended (into a special act), 

2 1931, 394, § 182.] 

[Note. — The substance of this section has been inserted, by specific amendments, in 
the various sections of the General Laws to which it was applicable, and it has been trans- 
formed into a special act.] 

1 Section 8. In construing any special act authorizing a city, town or construction 

2 district to incur indebtedness for a specified purpose to a limited amount, actTIutllor- 



114 



STATUTES. 



[Chap. 4. 



izing 

indebtedness. 
1913, 64S. 
1926, 56. 



such limitation of amount shall be deemed to apply only to the indebted- 3 

ness authorized by the special act, and not to affect any other power 4 

which the city, town or district may have to incur indebtedness for 5 

said purpose under any other provisions of law; and in special acts 6 

autliorizing loans to be payable by proportionate payments, such pro- 7 

vision shall be construed to mean payments as nearly equal in amoimt 8 

as is possible without unreasonable fractions, but no payment of the 9 

principal shall be greater than any preceding payment. 10 



Performance 
of certain acts 
on day after 
Sunday or 
legal holiday. 
1007, 204. 
262 Mass. 39. 
264 Mass. 475. 
271 Mass. 323. 



Section 9. Except as otherwise provided, when the day or the last 1 

day for the performance of any act, including the making of any pay- 2 

ment or tender of payment, authorized or required by statute or by 3 

contract, falls on Sunday or a legal holiday, the act may, unless it is 4 

specifically authorized or required to be performed on Sunday or on a 5 

legal holiday, be performed on the next succeeding business day. 



Section 9A. In anv written instrument, a recital that such instru- 



Unsealed 

instruments, i i p i ■ • i 

«_hen given mcut is scalcd by or bears the seal oi the person signing the same or is 
instruments, givcu Under thc hand and seal of the person signing the same, or that 
i93i',426,'§i28. such instrument is intended to take effect as a sealed instrument, shall 



be sufficient to give such instrument the legal effect of a sealed instru- 
ment without the addition of any seal of wax, paper or other substance 
or any semblance of a seal by scroll, impression or otherwise; but the 
foregoing shall not apply in any case where the seal of a court, public 
office or public officer is expressly required by the constitution or by 
statute to be affixed to a paper, nor shall it apply in the case of certifi- 10 
cates of stock of corporations. The word "person" as used in tliis 11 
section shall include a corporation, association, trust or partnership. 12 



Impression, 
etc, of certain 
seals upon 
documents 
without use 
of wax or 
wafers. 
1931. 426, § 129. 



Daylight 
saving. 

1920, 280, 
§§2,3. 

1921, 145. 



Section 9B. The impression or stamping of the established seal of 
a court, public office, public officer or corporation upon a paper shall 
be taken and held to be the seal of such court, public office, public 
officer or corporation, and valid in law to the same extent that an im- 
pression of such seal would be if made on wax or wafer attached to such 
paper. 

Section 10. At two o'clock ante-meridian of the last Sunday in 
April of each year, the standard time in this commonwealth shall be 
ad\anced one hour, and at two o'clock ante-meridian of the last Sunday 
in September of each year the standard time in this commonwealth shall, 
by the retarding of one hour, be made to coincide with the mean astro- 
nomical time of the degree of longitude governing the zone wherein the 
commonwealth is situated, the standard official time of which is described 
as United States standard eastern time, so that between the last Sunday 
of April at two o'clock ante-meridian and the last Sunday in September 
at two o'clock ante-meridian in each year the standard time in this 
commonwealth shall be one hour in advance of the United States stand- 
ard eastern time. And in all laws, .statutes, orders, ilecrees, rules and 
regulations relating to the time of performance of any act by any officer 
or department of the commonwealth, or of any county, city, town or 
district thereof, or relating to the time in which any rights shall accrue 
or determine, or within which any act shall or shall not be performed by 
any person subject to the jurisdiction of the commonwealth, and in all 



1 
2 

3 
4 
5 
6 

1 
2 

."> 
o 

4 

5 

6 

^ 
t 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 



Chaps. 4, 5.] statutes, printing and distribution ok laws, etc. 



115 



IS the public schools and in all institutions of the commonwealth, or of 

19 any county, city, town or district thereof, and in all contracts or choses 

20 in action made or to be performed in the conunonwcalth, it shall be 

21 understood and intended that the time shall be United States standard 

22 eastern time as changed by this section. 



1 Section 11. Marginal references to statutes shall refer to general Marginal 

2 acts, unless otherwise expressly noted. 



references. 



CHAPTER 5. 

PRINTING AND DISTRIBUTION OF LAWS AND PUBLIC DOCUMENTS. 



Sect. 

printing and distribution of laws. 

1. Supervision of state printing. Distri- 

bution. Contracts. 

2. Annual publication of the laws. 

3. Annual distribution of the laws. 

4. Pamphlet edition of the laws. 

5. [Repealed.] 

PRINTING AND DISTRIBUTION OF DOCU- 
MENTS, ETC. 

6. Publication of annual reports as public 

documents. 

7. Distribution of public documents. 

8. Official text books, case books and 

technical reports. Determination; 
distribution. 

9. Preservation, printing and distribution 

of copies of proceedings of Massachu- 
setts departments of certain war 
veterans' organizations. 



Sect. 

10. Printing and distribution of journals 
of each branch of general court, 
etc. 

Manual of the general court. Prepa- 
ration and distribution. 

Bulletins of committee hearings. 

Legislative documents to be mailed to 
subscribers. 

Books, etc., to be furnished to towns 
and cities. 

Same subject. Insurance. 

Distribution of laws, etc., to members 
of the general court. 

Delivery charges on documents. 

Purchase and distribution of books con- 
taining portraits of members of gen- 
eral court, etc. 



11 



12. 
13. 



14 



PRINTING AND DISTRIBUTION OF LAWS. 

1 Section 1. The division of personnel and standardization shall 

2 supervise the state printing and all publications by the commonwealth 

3 shall be printed under its direction; provided, that the foregoing pro- 

4 visions shall not apply to legislative printing or to publications required 

5 to be issued by the state secretary under the three following sections, or 

6 under chapter ninety of the resolves of nineteen hundred and twenty or 

7 any other special provision of law. All publications by the common- 

8 wealth shall be distributed under the direction of the state secretary 

9 unless otherwise provided. 

10 The commission on administration and finance shall from time to time 

11 make such contract or contracts for the printing and binding for the 

12 several departments of the government of the commonwealth as it 

13 deems advisable, subject to the approval of the governor and council. 

14 It shall take into consideration the circumstances and facilities of the 

15 several bidders for the work as well as the terms offered; it may reject 

16 any bids received, and it shall award contracts to such person or persons 

17 as in its judgment the interests of the commonwealth may require, and it 

18 shall execute the contract or contracts in the name and behalf of the 



Supervision of 
state printing. 
Distribution. 
Contracts. 

1893, 287. 

1894, 393, § 14. 
1896, 248. 

R. L. 9, 5 14. 
1923, 362, § 5; 
493. 



116 



PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS. [ChAP. 5. 



commonwealth. Bonds satisfactory to the said commission shall be 19 
given by the parties to whom contracts are awarded, to secure the faitiiful 20 
performance of such contracts. 21 



Annual 
publication 
of the laws. 
Const., pt. 2, 
c. 6. art. 11. 
(Const. Rev. 
arts. 157, 158.) 
1811, Res. 76. 
R. S. 2, § 1. 
1839, Res. 83. 
1851, 256, §4. 
G. S. 3, § 1. 

1865, 156. 

1866, 65, § 1. 

1876, 178. 

1877, 248, § 3. 

1878, 264, § 3. 

1880, 193, 5 3. 

1881, 293, § 3. 
P. S. 4, § 1. 

1882, 238. 
18S4, 166, § 1. 
1885, 369, I 2. 
1889, 440, 5 1. 
1894, 393, § 1. 
R. L. 9, § 1. 
1910, 483. 
1914, 449, 

§S 1.2. 

1918. 151, ., - 

1919, 137, § 1 
1924, 462. 
215 Mass. 57. 



(Const. Rev. 
arts. 76-107.) 



1. 



Section 2. The state secretary shall, at the close of each regular 1 
session of the general court, collate and cause to be printed in a single 2 
volume the following: 3 

(1) All acts and resolves passed at such session. 4 

(2) All amendments to the constitution referred at such session to 5 
the next general court and all such amendments acted upon at such 6 
session and to be submitted to the people at the next state election. 7 

(3) All acts and resolves passed at any special session of the general 8 
court, except a general revision of the statutes, and not theretofore 9 
published in any preceding annual volume. 10 

(4) In the volume of the year immediately following a state election, 11 
all laws and constitutional amendments adopted by the people at said 12 
election, with the aggregate vote thereon, both affirmative and negative, 13 
arranged in such detail as the secretary may determine. 14 

(5) A statement in bold type at the conclusion of each law as printed, 15 
or in a postscript at the end of the volume with a suitable reference to 16 
each law, as to which a petition asking for a referendum thereon has 17 
been filed prior to the publication of the volume, with a sufficient number 18 
of signatures to procure its submission to the people, together with a 19 
recital of the pertinent provisions of article forty-eight of the amend- 20 
ments to the constitution. 21 

(6) In the volume of the year immediately following a state election, 22 
a statement showing what acts of the general court were submitted to 23 
the people at said election, with the total vote, affirmative and negative, 24 
on each measure, with a specific reference to such laws of the general 25 
court as have been so rejected. 26 

(7) A table of changes in the general statutes and an index, to be 27 
prepared as provided in section fifty-one of chapter three. 28 



§3. 
§3. 
§4. 



I 1. 

.|2. 
§2. 



.\nnual 
distribution 
of the laws. 
R. S. 2, § 2. 
G. S. 3, § 2. 
1866, 65, § i 
1872, 329. 

1877, 248, 

1878, 264, 

1880, 193, 

1881, 293, 
§§3,4. 
P. S. 4, § 2. 

1884, 166, 5 

1885, 369, 
1889, 440, 

1893, 108. 

1894, 393, § 2. 

1895, 238; 250. 
1899, 336. 

R. L. 9, § 2. 

1904, 209. 

1905, 173; 
443; 597, § 1. 

1909, 50; 147; 
504, § 98. 

1910, 80. 

1911, 181; 
667. 

1912, 109; 
144. 

1913, 392. 
1917, .Sp. 123. 
1919, 350, 
§§52, 54, 99, 
100. 



Section 3. The state secretary shall determine the number of copies, 1 

not exceeding eleven thousand five hundred, of said volume required to 2 

be printed each year and shall, immediately after their publication, dis- 3 

tribute such copies as follows: 4 

To the clerk of the senate, for the use of the senate, twelve; 5 

To the counsel to the senate, four; 6 

To the clerk of the house of representatives, for the use of the house, 7 

twenty-four ; 8 

To the counsel to the house of representatives, four; 9 

To each member of the general court and to the clerks of each branch 10 

thereof, two; and to each assistant clerk thereof, one; 11 

To the state library, twenty-five; 12 

To the governor, the lieutenant governor, the members of the executive 13 

council, the private secretary to the governor, the attorney general and 14 

his assistants, the adjutant general, every permanent state department, 15 

board and commission having an office and clerk and to such divisions 16 

thereof as in the opinion of the secretary require a copy for ofiicial use, 17 

the senators and representatives in congress from the commonwealth, 18 

the justices, clerks and registers of courts, such assistant clerks of courts 19 

for ofiicial use as the state secretary may designate, the reporter of 20 



CllAI'. 5.] PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS. 117 

21 decisions, district attorneys, county commissioners, county treasurers, 1922, los. 5 1. 

22 registers of deeds, medical examiners, siieriffs, city and town clerks, city 

23 treasurers, city auditors, town treasurers and town auditors of towns 

24 having a population of over twenty-five thousand as determined by the 

25 last preceding state or national census, the warden of the state prison, 
20 the superintendent of the Massachusetts reformatory, the superintendent 

27 of the reformatory for women, keepers of jails and houses of correction, 

28 superintendents of state hospitals, superintendents of the Lyman and 

29 industrial schools, superintendents of the state infirmary and the state 

30 farm, Har\ard University and all incorporated colleges within the 

31 commonwealth, the Massachusetts Historical Society, the New England 

32 Historic Genealogical Society, the Boston Athenaeum, the American 

33 Antiquarian Society in Worcester, the state normal schools, such free 

34 public libraries and branches thereof in the commonwealth as the state 

35 secretary may designate, county law libraries, all incorporated law li- 

36 braries. and branch libraries maintained by them, veteran organizations 

37 having headquarters in the state house, the justices of the supreme court 

38 of the United States, the judges and clerks of the United States circuit 

39 court of appeals and district court for the district of Massachusetts, one, 

40 each; to the clerks of the supreme judicial court and the superior court, 

41 a number sufficient to supply two copies at each place where regular or 

42 adjourned sessions of said com-ts are held; 

43 To the state secretary for distribution to schools, societies and in 

44 certain important cases not otherwise provided for by law, one hundred; 

45 To the secretary of state of the United States, and to the secretary of 

46 state of each of the United States for the use of such states, such number 

47 not exceeding four in each case, as such officials may request; 

48 To the library of congress, three; 

49 To the justices or clerks of district courts, upon application in writing 

50 therefor, a number sufficient to supply not more than two copies for 

51 each court room where sessions of said courts are held; 

52 To associate or special justices, trial justices, masters in chancery, 

53 assistant registers of deeds, assistant registers of probate, assistant 

54 clerks of courts not otherwise provided for, justices of the peace to issue 

55 warrants and take bail, assistant district attorneys, members of state 

56 departments, boards and commissions, associate medical examiners, 

57 town treasurers and town auditors in towns not otherwise provided for, 

58 boards of town officials elected by the voters of their respective towns for 

59 the use of such towns, free public libraries not otherwise provided for, 

60 high schools and common schools in towns having no high school, upon 

61 application in writing therefor prior to February first next following the 

62 printing of said volume, one, each; 

63 To each member of the general court ten, and upon application in 

64 writing filed prior to June first next following the printing of said volume, 

65 ten additional copies. 

66 To each member of the general court at the session next following the 

67 passage of the acts and resolves in said volume, one copy, to be delivered 

68 at the beginning of such session. 

69 After making the foregoing distribution or making provision therefor, 

70 the state secretary may sell copies at such price per copy, not less than 

71 the cost of printing, binding and paper, as shall be fixed by him. 

1 Section 4. The state secretary shall also, at the close of each regular Pamphlet 

2 session of the general court, publish in pamphlet form such number of tbdaws. 



118 



PRINTING AND DISTRIBUTION OF L.\WS AXD DOCUMENTS. [ClIAP. 5. 



1847, 

1850, 

G. S. 

1865, 

1866, 

1877, 

1878, 

1880, 

1881, 

P. S. 

1889, 

440. 

1894. 

R. L. 

1904. 

1908, 

1912, 

1922, 



Res. 88. 
Res. 89. 

3, §3. 
156. 
65, S 3. 
248, § 3. 
264. § 3. 
193. § 4. 
293, § 3. 

4, §3. 
. 212; 
§3. 

393, § 3. 
9. §3. 
209. 

474, § 1. 
61. I 1. 
198, § 2. 



copies, not exceeding twenty thousand, as he may determine, of the acts 3 
and resolves passed and of any proposed amendments to the constitu- 4 
tion passed during such session, and shall at his discretion apportion said 5 
copies, excepting one thousand which he may reserve in his office for 6 
general distribution, among the clerks of the several towns, to be de- 7 
livered by them to such inhabitants thereof as apply therefor. 8 

He shall also, as soon as any act or resolve is passed, send a copy 9 
thereof to the following: each state department, officer, board or com- 10 
mission whose duties are affected by any such act or resolve, the clerks 11 
of the several towns, for the use of the inhabitants thereof, the justices, 12 
clerks and registers of courts, district attorneys, sheriffs, trial justices, 13 
justices of the peace authorized to issue warrants and take bail, county 14 
law libraries, and all incorporated law libraries and branch libraries 15 
maintained by them. He may also send copies to such persons as apply 16 
therefor, charging not less than the cost thereof. 17 



Section 5. [Repealed, 1931, 426, § 130.] 



PublicatioQ 
of annual 
reports as 
public 
documents. 
1857, 40, § 2. 
G. S. 4, § 2. 
1863, 219. 

1876. 178. 

1877. 248, 
§§ 1. 5. 

1878,204, § 1. 
1880, 193, § 1. 



Distribution 
of public 
documents. 
1857, 40, § 9. 
G. S. 4, § 8. 

1877, 248, 
§§ 2, 4. 

1878, 264. § 2. 

1880, 193. § 2. 

1881, 293, § 2. 
P. S. 4, 

5§ 8, 10. 
1889, 440. 5 8. 
1894. 393. § 8. 
R. L. 9. § 8. 
1908, 422. 
1914, 291, 
§ 2; 336. 

1918, 202. 

1919, 350, 
§24. 



PRINTING AND DISTRIBUTION OF DOCUMENTS, ETC. 

Section 6. All reports required to be made by permanent state 
departments, officers and commissions shall, except as otherwise pro- 
vided, be printed annually before the assembling of the general court, 
or as soon thereafter as j)ossible. They shall be numbered in a series 
to be called public documents. The division of personnel and standard- 
ization shall designate the number of copies of each report to be printed, 
and none additional shall be printed at the expense of the commonwealth. 



1881. 293. § 1. 1902, 228, § 8; 269; 438, § 7. 

P. S. 4. § 7. 1903, 390. 

1885, 369. 1904, 388; 410. 

1889, 440, § 7. 1905, 138; 275. 

1894, 393, § 7. 1908, 444; 459; 462, §§ 3-5; 523. 

1896, 258. 1909, 67; 371. § 3. 

1897,243. 1910,83; 179; 236; 300; 393; 

1901, 2.57. 429, § 2; 514; 599. 

R. L. 9, § 7. 1911, 74; 446; 526, § 2. 



1913, 132; 295; 329; 3.58; 59.5, § 3. 

1914, 91, §2; 291; 374; 533; 575; 656. 

1915, 149. 

1916, 233, I 2; 296, § 1. 

1917, 60. 

1918, 189; 257. §9. 

1919, 5. 

1920, 2. 
1923, 362, 5 6. 



[For Btatutea prior to the R. L. stating the number of copies of reports to be printed, see R. L. 9, § 7. J 



1 



Section 7. The state secretary shall furnish to each town of the 
commonwealth, to be preserved in a public place therein, one copy of each 
of such reports included in the public document series as the town clerk 
may apply for. He shall furnish one copy of each of said reports to such 
public and other libraries as may apply therefor. If the supervisor of 
public records shall report to the state secretary that such town is unable 
to make suitable provision for the care and use of the documents, he may 
discontinue sending them to such town. Each member of the general 
court and of the executive department, the clerk of each branch of the 
general court and each reporter assigned to either branch may, upon a 10 
written request signed by him and delivered to the state secretary, 11 
receive a copy of any such document. Ten copies shall be placed in the 12 
state library for the use of the library aiul for exchange. 13 



Official text 
books, case 
books and 
technical 
reports. 

Determination; 
distribution. 
1916, 296, § 5. 
1918, 175. 

1923, 3(12, § 7. 

1924, 492, § 2. 



Section 8. When in the opinion of the director of the division of 1 

personnel and standardization, a state publication is not of sufficient 2 

public benefit to be distributed free of charge, he may declare such 3 

publication to be an official text book, case book or technical report; 4 

provided, that the status of such publication has not already been de- 5 

termiiied by the general court. An appeal from the decision of the di- 6 



Ch.\.P. 5.] PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS. 119 

7 rector shall lie to the committee of the executive council appointed to 

8 consider matters of finance, whose decision shall be final. Text books, 

9 case books or technical reports shall be distributed exclusively by the 

10 state secretary. They shall be distributed free of charge, but only upon 

11 written request, to such persons and in such numbers as are mentioned 

12 in the preceding section, or for the purpose of exchange with other 

13 states; provided, that a number of copies, not to exceed one hundred, of 

14 such text books, case books or technical reports, may be retained by the 

15 state secretary for free distribution to state departments, or otherwise 

16 as he may deem necessary. They may be delivered to other persons 

17 only upon receipt of a sum equal at least to the estimated cost thereof, 

18 as determined by the comptroller. 

1 Section 9. The state secretary shall annually procure copies of the Preservation, 

2 proceedings of the annual encampments of the departments of Massa- dCuibutfon of 

3 chusetts. Grand Army of the Republic, United Spanish War Veterans, p^Swedfngsof 

4 The American Legion and Veterans of Foreign Wars of the United JJ^lft'^.^n^'^"' 

5 States, held in that year, with the general and special orders, circulars "'j.™/^*^? "^^ 

6 and other papers forming parts thereof, and shall cause the same to be organizations. 

7 kept as parts of the records of the commonwealth. He shall annually lois! 175! 

8 cause copies thereof, including in the case of those relating to the Grand 1920! 290. 

9 Army of the Republic the portraits of the department officers and staff ^^^*' ^^^' 

10 and of the executive committee of the national encampment, to be 

11 printed and bound; and shall cause one printed and bound copy of 

12 each to be sent to each town library in the commonwealth. He shall also 

13 send one copy of each volume relating to the Grand Army of the Re- 

14 public to each Grand Army post, one copy of the volume relating to the 

15 United Spanish War Veterans to each camp of Spanish War Veterans, 

16 one copy of the volume relating to The American Legion to each post of 

17 The American Legion, and one copy of the volume relating to the Vet- 

18 erans of Foreign Wars to each post of the Veterans of Foreign Wars of 

19 the United States, in the commonwealth. He shall cause the other 

20 copies of each to be distributed in the same manner as the annual report 

21 of the state secretary. 

1 Section 10. One thousand copies of the journals of the senate and P""?!"*; ''"<' , 

1 11 I • 1 n 111- distribution of 

2 of the house 01 representatives shall be prmted annually under the di- journals of 

3 rection of the respective clerks thereof; and, unless the general court general court, 

4 shall otherwise order, twelve hundred copies of the lists of members 1877, 248, § 4. 

5 and committees shall be printed annually under the joint direction of Jfgo' 193' \ * 

6 said clerks. ifa^'f »• 



4. 



7 The foregoing publications shall, under the direction of said clerks, p- s. 4^^ 

8 be distributed as follows: one copy to each member of the general issi. iw. 

9 court, to each member of the executive department, to the clerk and 440. '5 §9.' 10. 

10 assistant clerk of each branch of the general court, and to each reporter §§9,' 10. ' 

11 who is entitled to the privileges of the reporters' gallery in either branch; ^j ^ f(j 

12 and ten copies to the state library for use therein and for exchange. i9i9. 24. 

13 The state secretary shall send to the members of the general court the 

14 journals to which they are entitled under the provision of this section, 

15 and he shall also send one copy of said journals to each free public library 

16 in the commonwealth. 

17 The remaining copies of the foregoing publications shall be distributed 

18 at the discretion of the clerks of the two branches, preference being 

19 given to the members of the general court and to state officers. 



120 



PRINTING AND DISTRIBUTION OF LAWS AND DOCUMENTS. [ChaP. 5. 



Two thousand copies of the governor's annual address shall be printed, 20 
of which fifteen hundred shall be for the general court and five hundred 21 
for the governor. 22 



Manual of 
the general 
court. 

Preparation 
and distribu- 
tion. 

1876, 178. 

1877, 248, 5 3. 

1878, 264, § 3. 
18S0, 193, 

§§ 3, 4. 
1881, 293, 
§§ 3, 4. 
P. S. 4, 
§§9. 10. 
1883, 55. 
1885, 369. § 3. 

1888, 85. 

1889, 32. 
1891, 292. 
1894, 393, 
5§ 9, 10. 
1901, 210. 

R. L. 9. 5 10. 
1910, 121. 
1922, 319. 
1924, 492, 5 3. 
1927, 264. 



Section 11. The clerks of the two branches shall in every odd- 1 

numbered year prepare a manual for the general court, of which not more 2 

than ten thousand five hundred copies shall be printed under their di- 3 

rection. These copies shall be delivered to the state secretary and by 4 

him distributed, so far as the edition will permit, as follows: 5 

To the clerk of the senate, thirty; 6 

To the counsel to the senate, four; 7 

To the clerk of the house of representatives, thirty; 8 

To the counsel to the house of representatives, four; 9 

To each member of the general court, fi\'e, and upon written appli- 10 

cation an additional number, not exceeding twenty -five; 11 

To the assistant clerk of each branch of the general court, thirty; 12 

To the state library, sixty; 13 

To the governor, the lieutenant governor, the members of the execu- 14 

tive council, the private secretary to the governor, the attorney general 15 

and his assistants, the senators and representatives in congress from the 16 

commonwealth, the justices, clerks and registers of courts, such assistant 17 

clerks of courts as the state secretary may designate, the reporter of 18 

decisions, district attorneys, county commissioners, county treasurers, 19 

registers of deeds, medical examiners, sheriffs, city and town clerks, in- 20 

stitutions under the supervision of the state departments of correction, 21 

education, mental diseases, public health and public welfare. Harvard 22 

University and all incorporated colleges within the commonwealth, the 23 

Massachusetts Historical Society, the New England Historic Genealogical 24 

Society, the Boston Athenaeum, the American Antiquarian Society in 25 

Worcester, such free public libraries and branches thereof in the com- 26 

monwealth as the state secretary may designate, and to such other free 27 

public libraries in the commonwealth making written application there- 28 

for, county law libraries, all incorporated law libraries in the common- 29 

wealth and branch libraries maintained by them, and to veteran organ- 30 

izations having headquarters in the state house, one, each; 31 

To associate and special justices, assistant clerks of courts not other- 32 

wise provided for, and to reporters entitled to the privileges of the re- 33 

porters' gallery in either branch of the general court, upon written appli- 34 

cation, one, each; 35 

To each state department, board and commission, one, and upon 36 

written application an additional number, not exceeding five, for official 37 

use in such department, board or commission; 38 

To the state secretary for distribution not otherwise provided for, 39 

fifty; 40 

Three hundred copies to the sergeant-at-arms to be reserved under 41 

the direction of the clerks of both branches for the use of the general 42 

court at its next annual session and three hundred copies for the use of 43 

the next succeeding general court. 44 

After making the foregoing distribution or making provision therefor, 45 

the state secretary shall place copies of the manual on sale to the general 46 

public at twenty-five cents per copy. After December thirty-first of 47 

each even-numbered year copies of the manual remaining on hand may 48 

be distributed by the state secretary without charge. 49 



("lIAP. 5.] PRINTINC; AND DISTRIBUTION OF LAWS AND DOCUMENTS. 121 

1 Section 12. The committees on rules of the two branches, acting Bulletins of 

2 concurrently, shall publish during each regular session of the general hearings!" 

3 court bulletins of committee hearings, and shall appoint the editor 1909; r™: s! 

4 thereof and fix his compensation. The chairman of either of said com- igsJ.'^a^J.jiai. 

5 mittees shall ajsprove bills for editing and printing said bulletins l)efore 

6 they are sent to the comptroller for allowance. On receipt of two dollars 

7 from each applicant therefor the sergeant -at-arms shall mail to him 

8 copies of these bulletins. 

1 Section 13. The sergeant-at-arms shall, as soon as they are pub- Legislative 

2 lished, mail copies of all printed and numbered bills, resolves and other brmal!e(iVo° 

3 documents pending before committees of the general court, to towns and i9ol''"ieT2. 

4 persons who subscribe therefor and pay in advance the sum of ten }gjj' ^^- ^■ 

5 dollars. The money received under this and the preceding section shall i^'**' 59- 

6 be paid monthly to the commonwealth. 

1 Section 14. The state secretary shall furnish to every town the re- Booka, etc, 

2 ports of the decisions of the supreme judicial court from time to time, as to towns an/ 

3 published, and shall furnish to every town hereafter incorporated a full iwfliso, 5 1. 

4 set of said decisions, the index-digest thereof, a copy of the General fssi, ns/^' 

5 Laws, and copies of all such books and documents in his office as shall \llf m^ | \f 

6 have been previously furnished to towns by the commonwealth; but R l. 9, §11. 

7 the clerk of such town shall first file with the secretary a certificate 

8 that the town has made suitable provision for the preservation and con- 

9 venient use of such books and documents. 

1 Section 15. A town which has once been furnished with such books same subject. 

2 and documents shall not again be supplied with the same at the expense i877, 150,' § 2. 

3 of the commonwealth. Towns may efl'ect insurance thereon for their fgsl.wo/fis. 

4 own benefit. n^tl^^'i h'^' 

1 Section 16. The state secretary shall, in the distribution of laws Distribution of 

2 and documents to members of the general court, effect such exchanges mrmb'era 'of ° 

3 among members as they shall direct; and he may employ such additional coun^"*^'^' 

4 clerical or other assistance as may be necessary for the purpose. Copies Jf ^^' g^f^l ^^^ 

5 of the laws and documents apportioned to members of the general court i^i^' ^'oi, 5 10. 

6 which remain undisposed of for three months after the end of the j'ear 

7 in which they were issued shall revert to the commonwealth and be 

8 subject to general distribution. 

1 Section 17. Delivery charges on documents forwarded to members Delivery 

2 of the general court and to free public libraries shall be prepaid by the docun'i^n™. 

3 commonwealth. 1889,53. 

1892, 422. 1895, 93. R. L. 9, § 15. 

1 Section 18. The clerks of the two branches of the general court ^*but''i "„ ** 

2 may, in every odd-numbered year, purchase three hundred and forty of books 

3 copies of a book containing portraits and biographical sketches of mem- portrait's of 

4 bers of the general court and other state officers, lists of committees and "enerafcourt, 

5 such other information as the clerks approve. The clerks shall furnish fggo, 55. 

6 one such copy to each such member and shall distribute the other copies ^^^^^ '^^' ' ^■ 

7 as the committees on rules of the senate and house of representatives 

8 may direct. The clerks may expend therefor a sum not exceeding six- 

9 teen hundred dollars. 



122 



THE GOVERNOR, LIEUTENANT GOVERNOR AND COUNCIL. [ChAP. 6. 



TITLE II. 



EXECUTIVE AND 



ADMINISTRATIVE OFFICERS OF THE 
COMMONWEALTH. 



Chapter 6. 



Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 

Chapter 20. 

Chapter 21. 

Chapter 22. 

Chapter 2.3. 

Chapter 24. 

Chapter 25. 

Chapter 26. 

Chapter 27. 

Chapter 28. 



9. 
10. 
11. 
12. 
13. 
14. 
1.5. 
16. 
17. 
18. 
19. 



The Governor, Lieutenant Governor and Council, Certain Officers 

under the Governor and Council, and State Library. 
Commission on Administration and finance. 
Superintendent of Buildings, and State House. 
Department of the State Secretary. 
Department of the State Treasurer. 
Department of the State Auchtor. 

Department of the Attorney General, and the District Attorneys. 
Department of Civil Service and Registration. 
Department of Corporations and Taxation. 
Department of Education. 
Department of Public Works. 
Department of Public Health. 
Department of Public Welfare. 
Department of Mental Diseases. 
Department of Agriculture. 
Department of Conservation. 
Department of Public Safety. 
Department of Labor and Industries. 
Department of Industrial Accidents. 
Department of Public Utilities. 
Department of Banldng and Insurance. 
Department of Correction. 
Metropolitan District Commission. 



CHAPTER 6. 

THE GOVERNOR, LIEUTENANT GO'V'ERNOR AND COUNCIL, CERTAIN 
OFFICERS UNDER THE GOVERNOR AND COUNCIL, AND ST.\TE 
LIBRARY. 



Sect. 

1. Salary of Kovernor. 

2. Salary of lieutenant governor. 

3. Salaries of councillors. 

4. Traveling expenses of lieutenant gov- 

ernor and council. 

5. Governor's private secretary, etc. 

6. Executive secretary, etc. 

7. Stationery for council. 

8. Extraordinary expenses of executive. 

9. Governor and council to represent 

commonwealth in United States 
government surveys. 



Sect. 
10. 



11. 

12. 

r2A. 

13. 

14. 
14A. 



Delegates to conventions. Travel 
outside commonwealth by state 
officers, etc., at public expense. 

Members of unpaid commissions, etc., 
reimi^ursment for expenses. 

Compensation of commissioners, etc. 

Observance of Armistice Day. 

Observance of the birthday of .Abra- 
ham Lincoln. 

Observance of Flag Day. 

Observance of Spanish War Memo- 
rial Day and Maine Memorial Day. 



Chap. C] the governor, lieutenant governor and council. 



123 



Sect. 

15. Observance of .\rbor and Bird Day. 

16. State military and naval officers to 

serve under governor. 

CERTAIN OFFICEn.S UNDER GOVERNOR AND 
COUNCIL. 

17. Certain officers to serve under gover- 

nor and council. 

ARMORY COMMISSIONERS. 

18. Armorj' commissioners. 



19. 
20. 



21. 



ART COMMISSION. 

Art commission. 
Powers and duties. 

BOARD OF APPEAL. 

[Repealed.] 



COMMISSIONER OF STATE AID AND PENSIONS. 

22. Commissioner of state aid and pen- 

sions. 

23. Certain expenses of commissioner. 

24. Deputy commissioner, etc. 

25. Commissioner may appoint chief 

clerk, etc. 

COMMISSIONERS ON UNIFORM STATE LAWS. 

26. Board of commissioners on uniform 

state laws. 

27. Duties. 

28. E.xpenses. 



Sect. 

public bequest commission. 
2S.\. Public bequest commission. 
2SB. Public bequest fund. 
2SC. Distribution of income. 
2SD. Rules and regulations. 



29. 
30. 



31. 
32. 



STATE BALLOT LAW COMMISSION. 

State ballot law commission. 
Members not to hold political office, 

etc. 
Compensation. 
May summon witnesses, administer 

oaths, etc. 



TRUSTEES AND LIBRARIAN OF STATE LI- 
BRARY. 

33. Trustees of state library. 

34. Duties of trustees. 

35. Librarian. 

36. E.\penditures authorized. Approval 

of accounts. 

37. Annual report of tnistees. 
37A. Trust funds. 

STATE LIBRARY. 

38. State library. 

39. Books, etc., belonging to common- 

wealth to be placed in state library. 

BOARD OF TRUSTEES OF THE SOLDIERS* 
HOME IN MASSACHUSETTS. 

40. Board of trustees of the Soldiers'. 

Home in Massachusetts. 

41. Powers and duties. 



1 Section 1 . The governor shall receive a salary of ten thousand dol- foterno/ 

2 Jars, and shall not be entitled to any fees or perquisites. 



governor. 
1780, 5. 



1788, 57. 
1818, 88. 
R. S. 13, §§ 1,2. 
1843, 9, § 1. 



1854, 308, § 1. 
G. S. 14. § 1. 
1864, 240. 



1879, 35, 5 1. 
P. S. 15, 5 1. 
1884, 328. 



1892, 101. 
R. L. 4; § 1. 
1914, 445, § 1. 



1 Section 2. The lieutenant governor shall receive a salary of four Salary of 

2 thousand dollars; but if the office of governor shall be vacant for a governo"' 

3 period of more than thirty days he shall, for the time during Avhich he r^'is,' Ik 

4 performs the duties of governor, receive at the rate allowed to the }|^|; %fl-3_ 

5 governor. 



G. S. 14, § 2. 
1872, 328. § 3. 
1876, 214, § 1. 



1879, 35, § 2. 
P. S. 1.5, § 2. 
1896, 347. 



R. L. 4, § 2. 
1919, 282, § 1. 



1 



Section 3. Each member of the council shall receive a salary of one salaries of 

11" councillors. 



2 thousand dollars. 



1858, 78, § 1. 
G. S. 14, § 2. 
1872, 328, § 3. 



1876, 214, § 1. 
1879. 35, § 2. 
P. S. 15, § 3. 



R. L. 4, § 3. 
1912, 639, §§ 1, 2. 



1 Section 4. The lieutenant governor and each member of the council Traveling 

2 shall be paid for his travel from his abode to the place of sitting of the ii™™nan° 

3 governor and council, and return, such amounts as he certifies in writing TOundi"'^""* 



124 



THE GOVERNOR, LIEUTENANT GOVERNOR AND COUNCIL. [ChAP. 6. 



1858, 78. 
§§ 2, 3. 

1859, 7. 



that he has actually expended therefor in the performance of his official 4 
duties. 5 



G. S. 14. 5 2. 
1872, 328, § 3. 



1875. 48, § 2. 

1876, 214, § 2, 



1879, 35, § 3. 
P. S. 15. § 4. 



R. L. 4, § 4. 



Governor's 
private 
secretary, etc. 
1861. Res. 1. 
1866. 298. § 4. 
1876. 214, § 3. 
1879. 35. § 4. 
P. S. 15, § 5. 
1885. 77. 



Section 5. The governor may appoint a private secretary, an assist- 
ant private secretary, and such other assistants as may be necessary, 
who shall hold office during the pleasure of the governor, and shall 
receive such salaries as may be approved by the council, not exceeding 
the sum annually appropriated therefor by the general court. 



1891. 411. § 1. 
R. L. 4, § 5. 



1908, 507, § 1. 
1914, 158. § 1; 



159. 



1918. 257. § 2. 

1919. 5; 25, §§ 1. 3. 



1920. 



Executive 
secretary, etc. 
1845, 116. 
1847. 237. 
G. S. 14. 
§S63. 64. 

1866. 298. 

1867, 167, § 7. 
1876, 214, § 3. 
1881. 147. 

P. S. 15, I 6. 
1884. 8: 38. 
1887, 83; 221, 



§4. 



Section 6. The governor, with the advice and consent of the coun- 1 

cil, may appoint an executive secretary, a stenograjjher, a messenger 2 

and an assistant messenger, each of whom shall hold office during the 3 

pleasure of the governor and council, shall perform the duties required 4 

of him by the governor or by the governor and council, and shall receive 5 

such salary as may be fixed by tlie governor and council, not exceeding 6 

the sum annually appropriated therefor by the general court. 7 



1891, 411, § 2; 
1.S92, 16. 

1897, 1,88. 

1898, 104. 



429. 



R. L. 4, §§6,7. 


1906, 109. 


1918, 257, § 


1902, 523. 


1908, 497: 


1919, 5; 25, 


1904. 268. 


540, §§ 1, 2. 


1920, 2. 



i2, 3. 



Stationery for 
council. 
18.56. Res. 74. 
R. L. 6. § 49. 



Section 7. The printing, binding and procuring of stationery for the 1 
use of the council shall be under the direction of the executive secretary 2 
and shall be approved by him. 3 



Extraordinary 
expenses of 
executive. 
1890. 415. 
R. L. 4. § 9. 
1908. 549. 
1923, 362, § 8. 
1931, 426, § 61. 



Section 8. An amount not exceeding one hundred thousand dollars 1 

shall be appropriated each year for carrying out sections twenty-five to 2 

thirty-three, inclusive, of chapter thirty-three, for the entertainment 3 

of the president of the United States and other distinguished guests 4 

while visiting or passing through the commonwealth, for extraordinary 5 

expenses not otherwise provided for, whicii the governor and council 6 

may deem necessary, and for transfer, upon the recommendation of the 7 

comptroller, with the approval of the governor and council, to such 8 

appropriations as have proved insufficient. 9 



Go^rnorand Section 9. The govcmor and council shall co-operate in behalf of 

represent com- the commouwcalth in all scientific surveys made bv the United States 

monwealth in . p i i • i ± "-..i ■ xi 

United .States govcmnient of harbors, rivers, shores or waters within the common- 
survey™'^"' wealth, and shall represent the commonwealth in relation to such 



surveys, and protect its interests therein. 



p. S. 15, § 8. 



R. L. 4, § 10. 



Delegates to 
conventions. 
Travel outside 
commonwealth 
by state 
officers, etc., at 
public expense. 
1894, 376. 
H. L. 4, § 11. 
1920. 253. 



Section 10. The governor may appoint state officers as delegates to 1 

represent the commonwealth at such conventions as may be held in any 2 

part of the United States for the purpose of considering questions of 3 

charity, reform, statistics, insurance and other matters afl'ecting the 4 

welfare of the people. Their necessary expenses may be paid from such 5 

appropriations as the general court may make for the traveling and 6 

contingent expenses of such officers. No officer or employee of the 7 

commonwealth shall travel outside the commonwealth at public expense 8 

unless he has previously been authorized by the governor to leave the 9 

commonwealth, and in applying for such authorization the officer or 10 



C'lIAP. ().] THE GOVERNOR, LIEUTENANT GOVERNOR AND COUNCIL. 125 

11 employee shall specify the places to be visited and the probable duration 

12 of his absence. 

1 Section 1 1 . The governor and council may reimburse members of un^Tkf com- 

2 unpaid commissions, and citizens who may be sent officially to represent missions, etc., 

3 the commonwealth at national conventions, for such expenses as they ™ent for 

. X? 1 Ll expensea. 

4 may nnd reasonably necessary. igos. 544, § i. 



1 Section 12. The compensation of legal counsel and commissioners Compensation 

2 appointed by the governor shall, unless otherwise provided, be deter- °LwtI"hc. 

3 mined by the governor and council, who shall approve such claims g^'s' },5^'j !i7; 

4 before they are sent to the comptroller. p- s. le, § 48. 

R. L. 6, 5 52. 1931,394, §203. 

1 Section 12A. The governor shall annually issue a proclamation observance of 

2 calling for a proper observance of November eleventh as Armistice Day, igSlVio. *^' 

3 in lasting recognition of the service and sacrifice of those sons and 

4 daughters of Massachusetts who served in the naval and military serv- 

5 ice of the United States during the World War and in thanksgiving for 

6 the termination of hostilities on the first Armistice Day, November 

7 eleventh, nineteen hundred and eighteen. 

1 Section 13. The governor shall annually issue a proclamation observance of 

2 setting apart February twelfth as Lincoln Day, and recommending that of Abraham 

3 it be observed by the people with appropriate exercises in the public igo^'sis. 

4 schools and otherwise, as he may see fit, to the end that the memory 

5 of the public service and private virtues of Abraham Lincoln may be 

6 perpetuated. 

1 Section 14. The governor shall annually set apart June fourteenth Observance of 

2 as Flag Day, and shall issue his proclamation recommending that the 1911, ^"i^. 5. 

3 day be observed by the people in the display of the flag and in such 

4 other ways as shall be in harmony with the general character of the 

5 day. 

[Note; — The national flag was adopted by the Continental Congress on June 14, 
1777.] 

1 Section 14A. The governor shall annually set apart February fif- 2^"Ihvf\f 

2 teenth, the anniversary of the sinking of the United States battleship '*'^"\°';;:'^ ^^y 

3 "Maine" in the harbor of Havana, Cuba, as Spanish War Memorial Menioriai Day. 

4 Day and Maine Memorial Day, and shall issue his proclamation recom- ^ - •^^■ 

5 mending that the day be observed by the people in the display of the 

6 flag and by appropriate exercises in the public schools and elsewhere, 

7 commemorative of the services and sacrifices of the men who fought in 

8 the Spanish-American War. 

1 Section 1.5. The governor shall annually issue a proclamation set- observance of 

2 ting apart the last Saturday in April as Arbor and Bird Day, recom- Bird Day. 

3 mending its observance by the public in the planting of trees, shrubs and r. l. 5.?§ le. 

4 vines, particularly those attractive to birds, in the promotion of forest 344f'v^i!'§'6!' 

5 growth and culture, in the adornment of public and private grounds, ^'"' ^ ^• 

6 places and ways, and in such other efforts and undertakings as shall 

7 harmonize with the general character of the day. He shall further rec- 



126 



CERTAIN OFFICERS UNDER GOVERNOR AND COUNCIL. [ChAP. 6. 



ommend that the Friday preceding be observed in rural and suburban 8 
schools by exercises appropriate to Arbor and Bird Day. 9 



State military 
and naval 
officers to serve 
under governor. 
Const, pt. 2, 
c. 2, § 1, art. 7. 
Const, amend. 
54. 

(Const. Rev. 
art. 147.) 
1919, 350, § 14. 



Section 16. The staff of the commander-in-chief and all officers 1 

included in the organization of the land and naval forces of the com- 2 

monwealth, including the adjutant general in his capacity as commis- 3 

sioner of war records under chapter two hundred and eleven of the acts 4 

of nineteen hundred and twelve and chai:)ter one hundred and seven of 5 

the General Acts of nineteen hundred and nineteen, shall serve under 6 

the governor in his capacity as commander-in-chief. 7 



certain officers under GOVERNOR AND COUNCIL. 

tosSl""*'^"' Section 17. The armory commissioners, the art commission, the 1 

under governor commissiou ou administration and finance, the commissioner of state 2 

and council. -ii • i •• -p i i ii- 

1919,350, aid and pensions, the commissioners on uniiorm state laws, the public 3 

bequest commission, the state ballot law commission, the board of trus- 4 

tees of the Soldiers' Home in Massachusetts and the trustees of the state 5 

library shall serve under the governor and council, and shall be sub- G 

ject to such supervision as the governor and council deem necessary or 7 

proper. 8 

[Note : — Provision relative to the board of trustee.? of the Soldiers' Home in Massa- 
chusetts effective December 1st, 1934; see 1931, 452, § 5.] 



1928. 383, § 1. 
1931, 452, § 2. 



Armory com- 
missioners. 
1SS.''.3S4, § 1. 
R. L. 16, § 106. 

1905, 465, 
§§ 111, 194. 

1906, 504, § 9. 

1907, 526, § 6. 

1908, 604. 
§5 132, 209. 
1917, 327, 
§§ 40, 268. 
1919, 350, § 16. 

1 Op. A. G. 508. 

2 0p. A. G. 563. 



ARMORY COMMISSIONERS. 

Section 18. The governor, with the advice and consent of the coun- 1 

cil, shall appoint a commissioner, who, together with the adjutant gen- 2 

eral and the chief quartermaster, shall be armory commissioners. The 3 

adjutant general shall serve without compensation; the chief quarter- 4 

master and the commissioner shall receive such pay for duty performed 5 

as the commander-in-chief shall order. In addition to these three per- fi 

sons, the senior officer of the troops to be quartered in any armory shall 7 

be a consulting armory commissioner during the period of the construe- 8 

tion of the armory, but shall have no vote as such commissioner and shall 9 

serve without compensation other than reimbursement for expenses ac- 10 

tually incurred in the performance of his duty. 1 1 



Art commis- 
sion. 

1910. 422, 
1913, 225. 
1919,350, § 



.\rt commission. 

Section 19. There shall be an art commission for the common- 1 

5 1. wealth consisting of five members, who shall be citizens of the common- 2 

wealth. I'pon the expiration of the term of office of any member thereof, 3 

his successor shall be appointed by the governor, with the advice and 4 

consent of the council, for five years. The commission shall serve with- 5 

out compensation, but shall be allowed such necessary expenses as may 

be approved by the governor and council, not exceeding one hundred 7 

dollars in amount, and shall have power to adopt its own rules and to 8 

elect such officers from its own members as may be deemed jiroper. 9 



Section 20. There shall be submitted to the art commission for its 



1922, 298. 
1924. 242. 



Powers and 

inio, 422, 5 2. approval in an advisory capacity any plan relative to the creation, ac- 2 

quisition, construction, erection or remodeling by the commonwealth of 3 

any work of art, accompanied by designs, descriptions, specifications, 4 

drawings or models sufficient to enable the commissiou to detcrniine the 5 



Chap. 6.] certain officers under governor and council. 127 

6 artistic character of such work of art. The commission shall file with 

7 the governor, within thirty days after such submission, its opinion of 

8 such proposed work of art together with such suggestions and recom- 

9 mendations as it may deem proper. The term "work of art", as used 

10 in this section, shall include any painting, portrait, mural decoration, 

1 1 stained glass, statue, bas-relief, ornament, fountain or any other article 
12* or structure of a permanent character intended for decoration or com- 
1.) memoration. . 

14 Upon request of the governor, the commission shall act in an advisory 

15 capacity relative to the artistic character of any building constructed, 

16 erected or remodeled by the commonwealth, or upon land owned by the 

17 commonwealth, and when, upon recjuest of the governor, there shall be 

18 submitted to said commission any plan relating to such construction, 

19 erection or remodeling of any such building, accompanied by designs, 

20 descriptions, specifications, drawings or models sufficient to enable the 

21 commission to determine the artistic character of such building, the 

22 commission shall file with the governor, within thirty days after such 

23 submission, its opinion of such proposed building together with such 

24 suggestions and recommendations as it may deem proper. The term 

25 "building", as used in this section, shall include structures intended for 
2(3 human occupation and use, and also bridges, arches, gates, walls or other 

27 permanent structures of any character. 

28 Said commission shall have the custody and care of all historical relics 

29 in the state house, and of all works of art, as herein defined, erected or 

30 maintained therein. 

board of appeal. 

1 Section 21. [Repealed, 1930, 41G, § 2.] 

commissioner of state aid and pensions. 

1 Section 22. There shall be an officer to be known as the commis- Commissioner 

2 sioner of state aid and pensions, who shall be appointed by the governor, and ^n^i'ons. 

3 with the ad\ice and consent of the council, for three years, at such salary, Itll', IW. § 6. 

4 not exceeding five thousand dollars, as the governor and council shall iss^i lu^ ^' 

5 determine. He shall devote his whole time to the duties of his office. }||g' g^' 1 1' 

6 He shall be state agent for the settlement of pension, bounty, back pay, \^^~- j^^- 

7 compensation and other claims of citizens of the commonwealth against ism! 372] § 9- 

8 the government of the United States, or of any state thereof, on account r. L. 79, 

9 of military or naval service, and he shall assist and advise war veterans, 1902, w'2, 

10 and their dependents, heirs or legal representatives, with respect to the UoV, I'si, § 1. 

11 filing, prosecution and settlement of such claims. 

1909, 40S. § 1. 1919, 190: 290, 1923, 368, § 1. 

1914,407, § 1; 587, § 1. §1:350, §16. 1931. 324, § 1. 

1918, 164, § 1. 1920, 431. 

1 Section 23. The commissioner shall be allowed his tra\'eling expenses Certain ex- 

2 when necessary for him to visit the city of Washington, and may expend commissioner. 

3 for such purpose and for all other expenses necessary for the proper is9i! ige! ^' 

4 performance of his duties such sums as are annually appropriated r l 79 § 2'> 

5 therefor. iso*- ^si. § I- 

1909, 46S. § 1. 1914, 587, § 1. 1918, 164, § 1. 1919, 190; 290, § 1. 

1 Section 24. The go\ernor, with the advice and consent of the Deputy com- 

2 council, shall appoint a deputy and a second deputy commissioner of i902,T92! fl. 



128 



CERTAIN OFFICERS UTSTDER GOVERNOR AND COUNCIL. [ClIAP. 6. 



1904, 3S1, 
1909, 46S, 
1914, 407, 
587, § 1. 

1918, 164, 

1919, 190; 
290, § 1. 

1920, 431. 
1929. 194. 
1931, 324, 



§2. 



state aid and pensions for three years, who shall devote their whole time 3 

to the duties of their offices. They shall receive such salaries as may 4 

be fixed by the commissioner of state aid and pensions, subject to the 5 

approval of the governor and council, and shall be subject to the direc- 

tion and control of said commissioner. The deputy commissioner, or 7 

in case of a vacancy in his office or in his absence or disability the second 8 

deputy commissioner, shall perform the duties of said commissioner 9 

during his absence on account of disability or other cause. 10 



mayTppitnr SECTION 25. The commissioucr, with the approval of the governor 1 
cWef clerk, j^,^,] council, may appoint a chief clerk and not more than eight other 2 
1902, 192, § 4. clerks and stenographers and twelve agents. 3 

1903, 420, § 1. 1909. 408, § 1. 1918, 164, § 1. 1931, 301, § .51. 

1904, 381, § 1. 1912, .549. 1919. 190; 290, § 1. Op. A. G. (1920) 305. 
1907, 43, § 1. 1914.587.5 1. 1922,191. 



Board of com- 
missioners on 
uniform state 
laws. 

1909. 416, § 1. 
1914, 381, § 1. 
1919, 122, 
§§ 1, 6. 
1924, 200, § 1. 



COMMISSIONERS ON UNIFORM STATE LAWS. 

Section 26. There shall be a board of commissioners on uniform 1 

state laws, consisting of three suitable persons, who shall be appointed 2 

by the governor, with the advice and consent of the council, for five year 3 

terms. Within thirty days after the appointment of such commissioners, 4 

they shall meet and organize. The governor may remove for cause 5 

any or all of said commissioners. G 



Duties. 
1909, 416, 
§§2,3. 
1914, 381, 
§§ 2, 3. 
1919, 122, 
§§2,3,6. 
1924, 200, § 2. 



Section 27. The commissioners shall examine subjects upon which 1 

uniformity of legislation in the various states of the United States is 2 

desirable, but which are outside of the jurisdiction of the congress of 3 

the United States; shall confer upon these matters with the commis- 4 

sioners appointed by other states for the same purpose; shall consider 5 

and draft uniform laws to be submitted for approval and adoption by 

the several states; and generally shall devise and recommend such other 7 

or further course of action as may tend to accomplish such purposes. 8 

They shall keep a record of their doings, and shall make an annual report. 9 



Expenses. 

1909, 416, § 4. 

1910, 73. 
1914, 381, 
§§4,5. 
1919, 122, 
§§4-6. 



Section 28. They shall serve without compensation, but each com- 1 

missioner shall be paid by the commonwealth the amount of his actual 2 

traveling and other necessary expenses incurred in the discharge of his 3 

official duty, after an account thereof has been audited by the com- 4 

missioners. They shall keep a full account of their expenditures. They 5 

may contribute each year a sum not exceeding one hundred dollars 6 

toward the expenses of the conference of commissioners on uniform 7 

state laws, the same to be paid from such appropriation for the expense 8 

of the commissioners as may be made by the general court. 9 



Public be- 
quest com- 
mission. 
1928, 383, § 2. 



PUBLIC BEQUEST COMMISSION. 

Section 28A. There shall be a public bequest commission, consist- 
ing of the state secretary, the state treasurer and the commissioner of 
state aid and pensions, ex officiis. Said officials shall receive no addi- 
tional compensation for such service, but, with the approval of the 
governor and council, may employ and remove such assistants and fix 
their salaries, and may incur such other expenses, as may be necessary 
to render cifective the provisions of tliis and the three following sections. 



Chap. C] certain officers under governor and council. 129 

1 Section 28B. There is hereby established a public bequest fund, P'jW'c bequest 

2 which shall be under the control of said commissioners, and which shall laasi 3S3, § 2. 

3 consist of any bequests, devises, contributions or other gifts to said 

4 fund or to said commission for the use of said fund. So much of the 

5 property provided to constitute said fund as aforesaid as consists of 

6 real property or of tangible personal property shall be sold by said com- 

7 mission, and the proceeds thereof shall become a part of said fund. 

8 The state treasurer shall be the custodian of said fund. The provisions 

9 of this and the two following sections and of all other provisions of law 

10 relative to said fund shall in all respects be subject to amendment, 

11 alteration and repeal by the general court. 

1 Section 28C. When, and so long as, the principal of said fund Distribution 

1 1 11 .1 • . income. 

2 amounts to five hundred thousand dollars, said commission, with the '^^s, 383, § 2. 

3 approval of the governor and council, may distribute, in accordance with 

4 its rules and regulations relative thereto, the income from said fund to 

5 such worthy citizens of the commonwealth, as, in its opinion, by reason 

6 of old age and need, are entitled thereto. No man under sixty-five and 

7 no woman under sixty shall be deemed to be entitled to assistance from 

8 such fund. 

1 Section 28D. Said commission, subject to the approval of the gov- Rules and 

2 ernor and council, may make, and from time to time may alter and i92s,''383!^§ 2. 

3 amend, rules and regulations governing payments under section twenty- 

4 eight C. 

state ballot law commission. 

1 Section 29. There shall be a state ballot law commission, consisting state baiiot law 

2 of three persons, one of whom shall annually in June or July be ap- issg^ta?''^ 7. 

3 pointed by the governor, with the advice and consent of the council, for 43i;°'§^5*^' ^^' 

4 three years from the succeeding August first. The governor, with the {§93; 417; 1 92, 

5 advice and consent of the council, may remove anv member of the J™Sm?J-V 

• • mi 111! 1 • 1 •' IM'o, ■>4o, 5 iOo. 

6 commission. Ihere shall always be on said commission a member of R l. u, §i56. 

7 each of the two leading political parties. §§ iss. 456. 

1913. 835, §§2U, 503. 

1 Section 30. No member of said commission shall hold any public Members not to 

2 office except that of justice of the peace or notary public, or be a candi- officeretc.'™' 

3 date for public office, or member or employee of any political committee. H^lllfs^; ^ ^' 

4 If any member of the commission shall be nominated as a candidate |,'\f jj , jg^ 

5 for public office and shall not in writing decline said nomination within '.*'''■ seo. 

6 three davs, he shall be deemed to have vacated his office as a member of mia. ti4i. § 1. 

„ ■ J ■ ■ 1913. 833, 

/ said commission. . §§ 212, 503. 



1 



3 Op. a. G. 507. 



Section 31. The members of said commission shall each be paid fsgS^r'u' 

2 such compensation for their services, not exceeding five hundred dollars 'sss' ■n-',' § 95. 

3 annually, as the governor and council may determine; and the total lims^,' 

4 expenditures by and on account of said commission shall not exceed the u'rln, § leo. 

5 sum of two thousand dollars in any one jear. [sTso^we. 

1913,835, §§ 213, .503. 



1 Section 32. It may summon witnesses, administer oaths, and re- May summon 

2 quire the production of books and papers at a hearing before it upon any Idmf^ster 

3 matter within its jurisdiction. Witnesses shall be summoned in the same i892!'406' } i. 



130 



STATE LIBRARY. 



[Chap. 6. 



1893, 417, 
§§93. 94. 
1896, 383, 
§§3,4, 
1898, 548, 
§§ 155, 156. 
R. L. 11. 
§§ 158, 159. 



manner, be paid the same fees, and be subject to the same penalties as 4 

witnesses in civil cases before the courts. Any member may sign a 5 

summons or administer an oath. The decision of the commission upon 6 

any matter within its jurisdiction shall be final. 7 

1907, 560, §§ 187, 1.58, 4.56. 1931, 426, § 87. 

1913, 835, §§ 213, 214, 503. 



Trustees of 
state library. 
1850, 182, § 1. 
G. S. 5, § 2. 
P. S. 5, § 15. 
1893, 86. § 1. 
R. L. 10, § 24. 
1910, 217, § 1. 



TRUSTEES AND LIBRARIAN OF ST.\TE LIBRARY. 

Section 33. There shall be a board of trustees of the state library, 1 

consisting of the president of the senate and the speaker of the house of 2 

representatives, who shall be trustees ex officiis, and three other persons 3 

appointed by the governor, with the advice and consent of the council, 4 

of whom one shall be appointed annually for three years from June 5 

first of the year in which he is appointed. 6 



Duties of 
trustees. 
1825, 123, § 3. 
R. S. 11, § 11. 
G. S. 5, § 3. 
1870, 150. 
P. S. 5. § 16. 
R. L. 10, § 25. 
1910, 217, § 2. 



Section 34. Said trustees shall have the management and control 1 

of the state library and of the moneys appropriated therefor. They may 2 

sell or otherwise dispose of such books belonging to the library as they 3 

consider unsuitable for its purposes, and they may deposit any duplicate 4 

volumes for safe keeping and use in any town, city or college library in 5 

the commonwealth, upon such terms and conditions as they shall pre- 6 

scribe. They may make and enforce rules for the use of the library, and 7 

shall see that its rooms are properly prepared for the accommodation of 8 

persons permitted to use them. 9 



Librarian. 




1825, 


123, 


§ 1- 


R. S. 


11, 




§§10 


, 11. 




1849, 


155, 


§1. 


1859, 


64. 




G. S. 


5, §4. 


1866, 


298, 


§5. 


P. S. 


5, § 17. 


Expe 


nditures 


autliorized 


I. 


Approval of 


accounts. 




1825, 


123, 


§4. 


R. S. 


11. §12. 


G. S. 


5, §§5.7. 


1861, 


Res. 


33. 


1866, 


Res. 


28. 


1867, 


Res. 


22. 


1869, 


Res. 


68. 


1873, 


Res. 


28. 


P. S. 


5. §5 18. 


20. 







Section 35. The governor, with the advice and consent of the 
council, shall appoint a librarian of the state library, who shall hold 
office during their pleasure and shall recei\'e such salary as may be fixed 
by the trustees of said library with the approval of the go\ernor and 
council. 



1887, 209. 
1892, 287. 



1893, 86, § 2. 
R. L. 10, § 26 



1910, 421. § 1. 
1920, 423. 



1929, 277. 



Section 36. The trustees of the state library may expend such 
sums annually as the general court may appropriate for permanent 
assistants and clerks, for books, maps, papers, periodicals and other 
material for the library and for binding the same and for incidental ex- 
penses including binding their report. All accounts for the maintenance 
of the state library shall be approved by the trustees thereof or by such 
person as may be designated for the purpose in a vote of said trustees 
who shall, nevertheless, remain responsible for such approval. 

2. 



1882, 29; 196, §§ : 
1886, 66, §§ 1, 2. 
1888, 24. 

1891, 24. 

1892, 140, § 1. 
1897, 114. 



1899, 192. 

R. L. 10, §§ 27, 29. 

1905, 1.54, § 1. 

1908, 342. 

1910, 421, § 2. 



1916, 112. §§ 1, 

1917, 25. § 1. 

1918, 126. 
1922, 15. 
1925, 185. 



Annual report 
of trustees. 
1849, 155, § 3. 
G. S. 5, § 8. 
P. S. 5, § 21. 
R. L. 10, § 30. 
1910, 217, § 2. 



Section 37. The trustees of the state library shall keep records of 
their doings, and shall make an annual report thereof, with a list of books, 
maps and charts lost, missing or acquired during the preceding fiscal year, 
specifying those obtained by exchange, gift or purchase, and such sug- 
gestions for the improvement of the library as they may deem proper. 



Trust funds. 
1923, 370, 5 1. 



Section 37A. The said trustees may receive in trust for the com- 1 
monwealth any gift or bequest of money or securities for any purpose 2 



Chap, (i.] soldiers' home. 131 

3 incident to the uses of the state library, and shall forthwith transfer any 

4 money or securities so received to the state treasurer, who shall ad- 

5 minister the same as provided by section sixteen of chapter ten. 



STATE LIBRARY. 

1 Section 38. The state library shall be in the state house, and shall fsof^{^s^7\ 

2 be kept open every day except Sundays and legal holidays for the use of R s' n. § » 

3 the governor, lieutenant governor, council, general court and such of- o s.'s, fi.^' 

4 ficers of the government and other persons as may be permitted to use it. r. l. wf §23. 

1 Section 39. Unless otherwise provided, all books, maps, documents Books, etc.. 

2 and other publications belonging to the commonwealth for public use, comnfonw'aith 

3 except such as by order of the respective departments of the government state ubmry.'° 

4 are retained in the chambers of the senate and the house of representa- n^t n,^§ m; 

5 tives or in the department of the state secretary, shall be deposited and G^l's^fe'* ^■ 

6 suitably arranged in the library. p.s.'5,'§i9. 

R. L. 10, § 28. 



BOARD OF TRUSTEES OF THE SOLDIERS HOME IN MASSACHUSETTS. 

1 Section 40. There shall be a board of trustees of the Soldiers' Home Board of 

2 in Massachusetts, consisting of seven persons, at least fi\-e of whom fheToldiers- 

3 shall be war veterans. Upon the expiration of the term of office of a Marachusetts. 

4 member, his successor shall be appointed by the governor, with the ^^^^- **^' ^ 3- 

5 advice and consent of the council, to serve for seven years. The governor 

6 shall designate one of the members as chairman. The members shall 

7 serve without compensation, but shall receive their necessary expenses 

8 incurred in the discharge of their official duties. 

1 Section 41. Said board of trustees shall have the management and Powers and 

2 control of said home and all property, real and personal, belonging to 193T452, § 3. 

3 the commonwealth and occupied or used by said home, and shall hold 

4 and administer in trust the property included in the "legacy fund" and 

5 the "effects accounts", if and when the transfer thereof to the common- 

6 wealth is effected pursuant to a decree of a court of competent juris- 

7 diction, and in accordance with the terms and conditions imposed by 

8 such decree. In the management and control of said home as aforesaid, 

9 said board of trustees shall ha\e the same powers and perform the same 

10 duties as are vested and imposed in the trustees of state hospitals under 

11 the provisions of chapter one hundred and twenty-three, so far as 

12 applicable. 

[Note to §§ 40 and 41: — Effective December 1st, 1934; see 1931, 452, § 5.] 



132 



COMMISSION ON ADMINISTRATION AND FINANCE. 



[Chap. 7. 



CHAPTER 7. 

COMMISSION ON ADMINISTRATION AND FINANCE. 



Definitions. 
1923. 362, § 1. 



Sect. 

19. Same subject. Verification of ac- 

counting statements in departmental 
reports, etc. 

20. Comptroller's bureau to furnish ac- 

counting statements, etc.. when. 

21. Records, etc., of bureau available for 

preparation of budget, etc. 

22. Supplies, equipment, etc., for state 

departments; rules and regulations 
governing purcha.se, etc. Duties of 
state purchasing agent. 

23. Removal for non-compliance with 

rules, etc. 

24. State purchasing agent to establish 

supply office, maintain laboratorj', 
etc. 

25. To advise with state institutions mak- 

ing products suitable for needs of 
state departments, etc, 

26. Advisory standardization board. 

27. State purchasing agent to furnish cer- 

tain paper to Massachusetts re- 
formatory. 

28. Departmental research, etc., by divi- 

sion of personnel and standardiza- 
tion. 

29. Division to approve certain state docu- 

ments before publication. .'Vppeal. 
Exceptions. 

30. Division to prepare and print lists of 

state officials, etc., with their 
salaries. 

31. Commissioners to decide questions as 

to accounting standards, etc., and 
to approve contracts by state pur- 
chasing agent. 

32. Commissioners to have equal voice. 

Governor to decide issue in case of 
tie vote. 

33. Annual report. 

34. Contents of annual report. 

35. Annual report to show funded debt, 

etc.; may be published in parts. 



CommisBion 
on administra- 
tion and 
finance. 



Sect. 

1. Definitions. 

2. Commission on administration and 

finance. 

3. Commissioners, appointment, salaries, 

etc. 

4. Comptroller, budget commissioner, 

state purchasing agent. Bureaus. 

5. Division of personnel and standardiza- 

tion. 

6. Director of personnel and standardiza- 

tion and deputies. Expenditures of 
commission. 

7. Duties of commission relative to pro- 

moting economy and efficiency, etc. 

8. Report, etc., as to estimates of state 

departments, etc., made to budget 
commissioner. 

9. Special examination, etc., of matters 

affecting management or finances of 
state departments, etc. 

10. Special examination, etc., of manage- 

ment or finances of state depart- 
ments, etc. 

11. Same subject. Hearings; attendance, 

etc., of witnesses, production of 
books, etc.; enforcement of attend- 
ance, etc.; penalties; depositions. 

12. Commissioners, etc., may require pro- 

duction of books, etc., when. 

13. Duties of comptroller. Examination 

and certification of certain accounts, 
etc., against commonwealth. 

14. Same subject. Bills, vouchers and 

copies of contracts filed, etc., with 
comptroller, when. 

15. Same subject. State printing, and 

bills therefor. 

16. Same subject. Accounting system for 

commonwealth. 

17. Same subject. General books of ac- 

count; systems of accounting: su- 
pervision of collection of revenue 
due conmionwealth. 

18. Same subject. Account of public re- 

ceipts and expenditures, public 
property, etc. 



Section 1. Unless a contrary intention clearly appears, the follow- 1 

log words shall have the following meanings: 2 

"Commission", the commission on administration and finance. 3 

"Finance committee", the committee of tlie executive council ap- 4 

pointed to consider matters of finance. 5 

Section 2. There shall be a commission on administration and 1 

finance, which shall serve directly under the governor and council 2 



Chap. 7.] commission on .administration and finance. 133 

3 within the meaning of Article LXVI of the amendments to the constitu- 1922, 545, 5 2. 

A ^- f xU liU 1923, 362, i 1. 

4 tion 01 the commonwealth. 

1 Section 3. The commission shall consist of four commissioners, one Commis- 

2 of whom shall annually be appointed for a term of four years by the pSntm'enr 

3 governor, with the advice and consent of the council. The governor i922,"54.5^,'5 2. 

4 shall designate one of said commissioners as chairman. The chairman ^^'^^' ^^^- ^ '• 

5 shall receive such salary not exceeding seven thousand dollars, and each 

6 of the other commissioners, such salary not exceeding sixty-five hundred 

7 dollars, as the governor and council may determine. Each commissioner 

8 shall devote his entire time to the duties of his office. 

1 Section 4. Said commission shall be organized in three bureaus, Comptroller, 

2 namely: a comptroller's bureau, a budget bureau and a purchasing commLioner, 

3 bureau. Each bureau shall be in charge of a commissioner of the com- fng'lgem^'^' 

4 mission to be designated by the governor, with the advice and consent fg"!,","!;,. 53. 

5 of the council, and to be known, respectively, as the comptroller, budget ^^^^^ ^®-' ' i- 

6 commissioner and state purchasing agent. Said purchasing agent shall 

7 give bond to the state treasurer in a sum to be fixed by the governor and 

8 council for the faithful performance of his duties and for the rendering 

9 of a proper account of all money entrusted to him for the use of the 

10 commonwealth. Any commissioner designated as aforesaid shall be a 

11 person of ability and extended experience in the line of work required 

12 in his bureau. 

1 Section 5. There shall be directly under the commission a division Division of 

2 of personnel and standardization, in charge of a director of personnel stendarfiza-"^ 

3 and standardization. "°°- 

1922, 545, § 4. 1923, 362, § 1. 

1 Section 6. The commission shall, with the approval of the governor Director of 

2 and council, appoint, and fix the salary of, the director of personnel and stendardLa-'^ 

3 standardization and may, with like approval, remove him. The com- deputi°s 

4 mission may, subject to the approval of the governor and council, ap- Expenditures 

5 point and fix the salaries of such number of deputies as the governor and "ion. 

6 council shall approve; and it mav, with like approval, remove them. It 1923! 362! § i'. 

7 may also employ such other persons as the work of the commission may ' 

8 require and remove them. The commission may expend such sums of 

9 money for expenses, including traveling expenses of its officers and em- 
10 ployees, as the general court may appropriate. 

• 

1 Section 7. The commission shall inquire into the business affairs Duties of 

2 of the commonwealth and the laws governing them, and shall consider StTvTtr 

3 the possibility of promoting economy and efficiency and avoiding useless ecoJ!J>m'ylnd 

4 labor and expense therein. It shall recommend to the governor and ^''j>':|''°7/ "i'"- 

r -111 1 •!• • • • ■ 1922,045,5 5. 

5 council and to the general court, it m session, such measures as in its 1923, 352, § 1. 

6 judgment will tentl to accomplish this result. It shall consider and 

7 report upon the following questions among others: changes in the laws 

8 relating to matters of finance, reorganization, consolidation or co-ordi- 

9 nation of departments and institutions, changes in methods of adminis- 

10 tration, classification of employees, fi.xing maximum and minimum 

11 salaries and standardizing vacations. 



134 



COMMISSION ON ADMINISTRATION AND FIN.tNCE. 



[Chap. 7. 



Report, etc., 
as to estimates 
of state 
departments, 
etc., made to 
budget com- 
missioner. 

1922, 545, § 5. 

1923, 362, § 1. 



Section 8. On the request of either branch of the general court or 1 

of the ways and means committee of either branch, or of the governor, 2 

or of the council, or of the finance committee, the commission shall make 3 

a report of such of the estimates of departments, officers and commis- 4 

sions made to the budget commissioner under sections three and four of 5 

chapter twenty-nine as may be required, and it may make recommen- 6 

dations relative thereto. 7 



Special 
examination, 
etc., of 

matters affect- 
ing manage- 
ment or 
finances 
of state 
departments, 

1922, 545, § 5. 

1923, 362, § 1. 



Section 9. On request of either branch of the general court or of 1 

the ways and means committee of either branch, or of the go\-ernor, or 2 

of the finance committee, the commission shall make a special examina- 3 

tion of, and give to them any information in its possession relative to, 4 

any matter affecting the management or finances of any department, 5 

officer, commission or undertaking which receives an annual appropriation 6 

of money from the commonwealth, including annual appropriations to 7 

be met by assessments. 8 



Special 
examination, 
etc., of 
management 
or finances of 
state depart- 
ments, etc. 

1922. 545, § 5, 

1923, 362, § 1. 



Section 10. The commission may make a special examination of 1 

the management or finances of any department, officer, commission or 2 

undertaking which receives annual appropriations of money from the 3 

commonwealth, including annual appropriations to be met by assess- 4 

ments, and may report thereon from time to time to the governor and 5 

council and to the general court, if in session. 6 



Same subject. 
Hearings; 
attendance, 
etc., of wit- 
nesses, pro- 
duction of 
boolts, etc.; 
enforcement of 
attendance, 
etc.; penalties; 
depositions. 
1923, 362, § 1. 



Section 11. Whenever requested to make a special examination 1 

under section nine, or after first obtaining the approval of the governor 2 

or of the finance committee in making a special examination under the 3 

preceding section, any commissioner or the director of personnel and 4 

standardization may require the attendance and testimony of witnesses 5 

and the production of all books, papers, contracts and documents relat- 6 

ing thereto. Witnesses shall be summoned in the same manner and shall 7 

be paid the same fees as witnesses before the superior court. The 8 

commission may prescribe rules and regulations for the conduct of 9 

heaj-ings, and any commissioner or said director may administer oaths 10 

to witnesses or take their affirmation. If any person summoned and 11 

paid as a witness refuses to attend, or to be sworn or to affirm, or to 12 

answer any question, or to produce any book, contract, document or 13 

paper pertinent to the matter before any commissioner or said director, 14 

a justice of the supreme judicial or the superior court, upon application 15 

by said commissioner or director, may issue an order requiring such 16 

person to appear before said commissioner or director, and to produce his 17 

books, contracts, documents and papers and to give evidence touching 18 

the matter in question. Failure to obey such an order of the court 19 

may be punished by the court as a contempt thereof. Any person 20 

summoned and paid who refuses to attend, or to be sworn or to affirm, 21 

or to answer any proper question, or to produce any book, contract, 22 

document or paper, pertinent to the matter before any commissioner or 23 

said director, and any person who wilfully interrupts or disturbs any 24 

hearing, or who is disorderly thereat, shall be puni.shed by a fine of not 25 

more than fifty dollars or by imj)risonment for not more than one month, 26 

or both. I'pon application by any coininissioncr or said director, com- 27 

missions to take depositions of persons without the commonwealth may 28 

be issued by a justice of the supreme judicial or the superior court, to 29 



ClIAP. 7. J COMMISSION ON ADMINISTRATION AND FINANCE. 135 

30 be used in hearings before anj' commissioner or said director, and all laws 

31 and rules relating to such commissions in civil actions shall apply to 

32 commissions issued hereunder. This section shall not be construed to 

33 compel any person to give any testimony or to produce any evidence, 

34 documentary or otherwise, which may tend to incriminate him. 



1 Section 12. In making any examination or investigation author- Commis- 

2 ized under this chapter, any commissioner or the director of personnel maTrequire 

3 and standardization may require the production of books, papers, con- boots," etc", "^ 

4 tracts and documents relating to any matter within the scope of such "9*'2''3" 352 § i. 

5 examination or investigation. 

1 Section 13. The comptroller shall examine all accounts and de- Duties of 

2 mands against the commonwealth, excepting those for the salaries of ETamMtton 

3 the governor and of the justices of the supreme judicial court, for the u™ of cL'Jtaia 

4 pay rolls of the executive council and members of the general court, and accounts, etc., 

5 those due on account of the principal or interest of a public debt. He commonwealth. 

6 may require affidavits that articles have been furnished, services ren- 1923,' 362,' 51. 

7 dered and expenses incurred, as claimed. Such affidavit for any in- 

8 stitution shall be made by the disbursing officer thereof. The comp- 

9 troiler shall make a certificate specifying the amount due and allowed on 

10 each account or demand so examined, the name of the person to whom 

11 such amount is payable, the law authorizing the same and the head of 

12 expenditure to which it is chargeable. If the general court, by express 

13 statute, authorizes a department or public officer to approve accounts or 

14 demands against the commonwealth, and an appropriation therefor has 

15 been made, the comptroller shall, when such accounts or demands have 

16 been properly approved, promptly audit and certify such an amount, 

17 not exceeding the appropriation therefor, as he may deem correct; and 

18 if it appears to him that there are improper charges in said accounts or 

19 demands he shall report the same to the governor and council, with a 

20 separate certificate therefor. But he shall not certify any bill for print- 

21 ing incurred in violation of section six of chapter five. He shall keep 

22 copies of all such certificates and transmit the originals to the governor, 

23 who, with the advice and consent of the council, may issue his warrant 

24 to the state treasurer for the amount therein specified as due. 

1 Section 14. All original bills and vouchers on which money has same subject. 

2 been or may be paid from the treasury upon the certificate of the comp- and'co'Ses'jfr 

3 troiler or the warrant of the governor shall be kept in the comptroller's etc""^^th ^''''^' 

4 office; and all departments, officers or commissions authorized to make comptroller. 

5 contracts under which money may be payable from the treasury shall i923,'362, 5 1. 

6 file with the comptroller certified copies thereof. 

1 Section 15. The comptroller shall cause all the printing under the .same subject. 

2 state printing contract to be examined and measured, and no bill for and'bm""""^' 

3 printing shall be allowed unless it is in strict -conformity with such con- 1923;' 382, § 1. 

4 tract. He may employ an expert in printing to examine the bills for 

5 printing under such contract and perform such other clerical assistance 

as the comptroller may require. 

1 Section 16. He shall design and instal a new accounting system .same Bubject. 

2 for the commonwealth as provided by chapter five hundred and forty- ^'^vSem^fS* 

3 five of the acts of nineteen hundred and twenty-two and prescribe the ^aith."" 



136 



COMMISSION ON ADMINISTRATION AND FINANCE. [ChAP. 7. 



1922, 545. § 5. 

192a, ae2, § i. 



requisite forms and books of account to be used by each department, 4 
office, commission and institution of the commonwealth. After such 5 
installation, no form or book of account other than that prescribed as 6 
aforesaid shall be used without the approval of the comptroller. He 7 
may revise such forms, books or system from time to time. He shall 8 
prepare and distribute a book of instructions covering the use and appli- 9 
cation of said new accounting system for the guidance of the accounting 10 
personnel in the various departments, offices, commissions and institu- 11 
tions of the commonwealth. 12 



Same subject. 
General books 
of account; 
systems of 
accounting; 
supervision 
of collection of 
revenue due 
commonwealth. 

1922. 545, S 5. 

1923, 362, § 1. 



Section 17. He shall keep all general books of account and deter- 1 

mine the extent and character of subsidiary accounts to be kept by all 2 

departments, offices, commissions and institutions of the commonwealth. .3 

He .shall have full authority to prescribe, regulate and make changes in 4 

the methods of keeping and rendering accounts. He shall establish in 5 

each such department, office, commission and institution a proper system 6 

of accounts, which shall be uniform so far as is practicable, and a proper 7 

system of accounting for stores, supplies, materials and products, and 8 

may provide, where he deems it necessary, for a continuing inventory 9 

thereof. He shall provide such safeguards and systems of checking as 10 

will ensure, so far as possible, the proper collection of all revenue due the 1 1 

commonwealth; and, where he deems it necessary, shall provide that 12 

forms and receipts shall be numbered consecutively, making each such 1.3 

department, officer, commission or institution responsible for their use 14 

or cancellation. 15 



Same subject. 
Account of 
public receipts 
and expendi- 
tures, public 
property, 

1923, 362, § 1. 



Section 18. The comptroller shall keep a distinct account, under 1 

appropriate heads, of all public receipts and expenditures. He shall 2 

keep a like account of the school fund and of other public property and 3 

of all debts and obligations due to and from the commonwealth; and for 4 

such purpose he shall have free access to the books and papers of the 5 

several departments, offices, commissions and institutions. 6 



Same subject. 
Verification of 
accounting 
statements in 
departmental 
reports, etc. 

1922, 545, § 5. 

1923, 362, § 1. 



Section 19. He shall verify all accounting statements included in 1 

reports of departments, offices and commissions, other than the com- 2 

mission on administration and finance, before the publication of such 3 

reports. No such report shall be published by any such department, 4 

office or commission until such statements are so verified and approved. 5 



Comptroller's 
btireau to 
furnish ac- 
counting 
statements, 
etc., when. 

1922, 545, 8 5. 

1923, 362, § 1. 



Section 20. The comptroller's bureau shall be properly equipped 1 

and shall furnish, when required, all accounting statements relating to 2 

the financial status, funds, reserves, appropriation control and cost of 3 

operation of the commonwealth at the end of the state fiscal year and 4 

at intermediate monthly periods when such information is needed in 5 

effecting economies before appropriations have been exhausted, or for (i 

other purposes. 7 



Records, etc., 
of bureau 
available for 
preparation of 
budget, etc. 



Section 21. In the exercise of the budget commissioner's functions 1 
relative to the preparation of the budget, the records, resources and full 2 
co-operation of the comptroller's bureau shall be available. 3 



1922, .'545, 



1923, 362, § 1. 



Supplies, 
equipment, 
etc., for state 



Section 22. The commissioners of the commission, sitting as a 1 
board, shall, subject to the approval of the governor and council, make 2 



Chap. ".] commission on .administration and finance. 137 

3 rules, regulations and orders which shall regulate and govern the manner departments; 

4 and method of the purchasing, dchvering and handling of, and the con- r"mia"t?onB 

5 tracting for, supplies, equipment and other property for the various rhasc,"etf. """ 

6 state departments, offices and commissions, except when they are for ^atc^pu/chas- 

7 legislative or mihtary purposes. Such rules, regulations and orders '"g^.j'^lgs 

8 shall be of general or limited application, and shall, so far as practicable, 1B22.' 545. § 12. 

9 be uniform, shall be in conformity with existing laws relative to the pur- 1024! 446' 

10 chase of articles and materials made by inmates of penal institutions ^^'^'' '^^' 

11 and articles and supplies made by the blind except that such purchase 

12 shall be made by or under the direction of the state purchasing agent 

13 subject, however, to such approval by the board as would be required 

14 if the purchase were made from some other source, and shall include 

15 provision for the following: 

16 (1) The advertisement for and the receipt of bids for supplies and 

17 other property and the stimulation of competition with regard thereto; 

18 (2) The purchase of supplies and other property without advertise- 

19 ment or the receipt of bids, where the amount involved will not exceed 

20 five hundred dollars, when, in the judgment of the state purchasing agent, 

21 it is expedient; 

22 (3) The purchase of supplies and other property without competition, 

23 in cases of emergency requiring immediate action; 

24 (4) The purchasing of or contracting for certain supplies, equipment 

25 and other property by long or short term contracts, or by purchases or 

26 contracts made at certain seasons of the year, or by blanket contracts 

27 or orders covering the requirements of one or more departments, offices 

28 and commissions; 

29 (5) Prescribing the times for submitting estimates for various supplies, 

30 equipment and other property; 

31 (6) Regulations to secure the prompt delivery of commissary and other 

32 necessary supplies; 

33 (7) Standardization of forms for estimates, orders and contracts; 

34 (8) Standardization of specifications for purchasing supplies, equip- 

35 ment. and other property; 

36 (9) Standardization of quality, grades and brands to eliminate un- 

37 necessary number of commodities or of grades or brands of the same 

38 commodity; 

39 (10) The purchase of supplies and other property locally, upon per- 

40 mission, specific or otherwise, of the state purchasing agent; 

41 (II) The use and disposal of the products of state institutions; 

42 (12) Disposal of obsolete, excess and unsuitable supplies, salvage and 

43 waste material and other property and the transfer of same to other 

44 departments, offices and commissions; 

45 (13) Storage of surplus supplies, equipment and other property not 

46 needed for immediate use; 

47 (14) The testing of commodities or supplies or samples thereof; 

48 (15) Hearings on complaints in respect to the quality, grade or brand 

49 of commodities or supplies; 

50 (16) The waiver of rules in special cases. 

51 (17) A preference in the purchase of supplies and materials, other 

52 considerations being equal, in favor of supplies and materials manu- 

53 factured and sold within the commonwealth. 

54 Rules, regulations and orders made under this section shall not re- 

55 strict otherwise than as provided in this section the several state de- 

56 partments, offices and commissions as to the quantity of supplies, equip- 



138 



COMMISSION ON ADMINISTRATION AND FIN.ANCE. 



[Chap. 7. 



ment or other property which may be purchased or contracted for, for 57 
them, or as to the nature thereof. 58 

A copy of the rules, regulations and orders issued under this section 59 
and at the time being in force shall be deli\'ered or mailed to any person 60 
on request, and the commission shall annually give public notice by 61 
advertisement inviting such requests and inviting all persons who desire 62 
to bid on state supplies, materials or contracts so to signify in writing 63 
by sending their names and addresses to the office of the commission 64 
with a statement of the class or classes of supplies, materials or con- 65 
tracts on which they desire opportunity to bid. The state purchasing 66 
agent, under the direction of the commission, shall maintain a classified 67 
list of all persons so signifying such desire and shall make such use of 68 
the same for the stimulation of competition as shall be provided by said 69 
rules and regulations, having in view the time of delivery, the quantity 70 
required, the locality in which deli\er3' is to be made, and any other 71 
special circumstances of the case. 72 

For the information of the public and of prospective bidders, the state 73 
purchasing agent shall keep and maintain a public list or bulletin enu- 74 
merating the supplies and materials to be purchased or contracted for 75 
and the dates on which bids for the same will be received. 76 

Bids shall be opened in public. 77 



Removal for 
non-com- 
pliance with 
rules, etc. 

1922, 545. § 13. 

1923, 362, § 1. 



Section 23. Any appointed officer failing to comply with any rule, 1 

regulation or order made under the preceding section may, after a hear- 2 

ing before the governor and council given to the official concerned, be 3 

removed by them. 4 



state purchas- 
ing agent 
to establish 
supply office, 
maintain 
laboratory, etc. 

1922, 545, § 14. 

1923, 362, § 1. 



Section 24. The state purchasing agent shall be provided with 1 

quarters in the state house and shall establish a supply office therein. 2 

He shall keep on hand a reasonable quantity of office stationery and 3 

supplies for the use of executive and adininistrati\e departments and 4 

offices. He may maintain a proper laborator\' for the purpose of testing 5 

commodities or samples thereof, or may make use of existing facilities 6 

suitable for such purpose. 7 



To advise with 
state institu- 
tions making 
products suit- 
able for needs 
of state de- 
partments, etc. 

1922, 545, § 1.5. 

1923, 362, S 1. 



Section 25. The state purchasing agent shall advise with the several 1 

state institutions that make or are able to make products suitable for 2 

the needs of state departments, offices and commissions, and with the 3 

heads of such departments, offices and commissions, with a view to as- 4 

certaining how best to improve or change such products or the quality 5 

or price thereof so as to meet the needs of such state departments, offices 6 

and commissions, and may make to such institutions such recommen- 7 

dations relating thereto as seem best. 8 



Advisory 

standardization 

board. 

1922, ,545, § IB. 

1923, 362, § 1. 



Section 26. In order best to carry out the provisions of the four 1 

preceding sections, and sections fifty-one and fifty-two of chapter thirty, 2 

there shall be established an advisory standardization board, consisting 3 

of the state purchasing agent as its head and such represcntati\es of the 4 

several departments, offices and commissions most affected by said 5 

provisions as shall be designated by the heads thereof. Said board shall 6 

consider and advise as to the needs of the various state activities, how 7 

far they can be reasonably harmonized and covered by standard speci- 8 



CbL^P. 7.] COMMISSION ON .'VDMINISTRATION AND FINANCE. 139 

9 fications, and what, if any, materials are so lacking in importance or 
10 uniformity as to warrant blanket authorization for their local purchase. 

1 Section 27. The state purchasing agent shall furnish to the super- state pur- 

2 intendent of the Massachusetts reformatory such of the paper used in [ohimlstfcS-- 

3 the execution of the contract for state printing as he may need to fill MassTchusetta 

4 any order for printing received from any department of the common- YQ2™m2!\'i. 

5 wealth for printing not included in said contract. 

1 Section 28. The division of personnel and standardization may carry Departmental 

2 on, under the direction of the commission, departmental research, tend- by division of 
.'! ing to greater co-ordination and standardization of administration, in- standardiza- 

4 eluding the making of examinations and investigations, and recommen- I'g^i. 545, 5 17. 

5 dations based thereon. i^^s, 362, 5 1. 

6 It may provide technical advisers to undertake engineering investi- 

7 gations in behalf of such departments, offices and commissions as are 
S not organized to do such work. 

1 Section 29. All departments, officers and commissions before en- Division to 

2 tering upon the preparation of any annual or special report, document or st'S^dociT-'^'"'' 

3 other publication issued by or on behalf of the commonwealth shall pubhca'tfon^^ 

4 submit careful statements of the scope, and estimates of the size, of ^Jsppea'. 

..... r.! 1 .. • r.xceptions. 

5 such publication to the division of personnel and standardization which 1923, 362, 5 1. 

6 shall examine them and define the form and extent of such publication, 

7 determining the number of pages to which it may extend and whether 

8 it shall include maps, plans, photogravures, woodcuts or other illustra- 

9 tions; and no such publication shall be printed unless it bears the cer- 

10 tified approval of said division. An appeal may be taken from any 

11 decision of said division hereunder to the finance committee, whose de- 

12 cision shall be final. This section shall not apply to publications issued 

13 by the officers of either branch of the general court, or issued under 

14 special authority given by the general court, or to the regular annual 

15 reports of the attorney general, state treasurer, state auditor or state 

16 secretary, or to reports of capital trials prepared by the attorney general 

17 under section eleven of chapter twelve, or to publications prepared by 

18 the state secretary in conformity with sections two ajid four of chapter 

19 five. 

1 Section 30. The division shall collect at least once in everv fiscal Division to 

, . „ . , . . ~, . , " prepare ana 

2 vear such information relative to certain officials and employees of the prmt lists 

' . . of state 

3 commonwealth as shall be furnished to it under section thirty-eight of officials, etc., 

4 chapter thirty, which shall cover the fiscal year preceding. From the ^'laries*""^ 

5 information so collected it shall keep a record, open to public inspection, '^^^' ^® • * ■ 

6 showing the name, residence, designation, rate of compensation and date 

7 of appointment or qualification of every such official and employee, and 

8 any increase in the rate of salary or compensation paid him during the 

9 preceding fiscal year. The record shall also contain such other infor- 

10 mation concerning such officials and employees as, in the opinion of the 

11 division, may be desirable. The comptroller shall, upon request of the 

12 division, verify a list of such officials and employees, the amounts and 

13 rates of compensation and other information concerning pajTnents to 

14 officials and employees about whom information is furnished. The divi- 

15 sion shall, on or before April fifteenth m each even numbered year, 



140 



COMMISSION ON ADMINISTRATION AND FIN.ANCE. 



[Chap. 7. 



publish a document containing such information concerning said officials 16 
and employees in the employ of the commonwealth on the preceding 17 
November thirtieth as, in its opinion, may be of public interest. Said 18 
document shall contain such summary and comparative tables as will 19 
best show the numbers of officials and employees in the service of the 20 
commonwealth during the two years preceding said November thirtieth, 21 
and during a further period of two years prior thereto, to be arranged 22 
in such manner as will make them of the greatest practical utility. 23 
The document may be revised or rearranged at the discretion of the 24 
division. -5 



Commissioners 
to decide ques- 
tions as to 
accounting 
standards, 
etc., and to 
approve con- 
tracts by state 
purchasing 
agent. 

1922. 545. § 18. 

1923, 362, § 1. 



Section 31. The commissioners, acting as a board, shall decide 
questions, not involving legislation, which arise on matters relating to 
accounting standards and practices other than those relating to the 
establishment of the new accounting system proN-ided for by chapter 
five hmidred and fort\-five of the acts of nineteen hundred and twenty- 
two. Said board shall from time to time authorize such additions to 
or deductions from the balance sheet account representing state owned 
property in the said new accounting system as it finds consistent with 8 
established accounting standards, and no such additions or deductions 9 
shall be made without a majority vote of the whole board and a written 10 
certification to that effect. Said board shall pass upon all contracts 11 
intended by the state piu-chasing agent, and no such contract shall be 12 
made without the approval of such board. 13 



Cj)mmissioners SECTION 32. In any casc iu which the commissioners act as a board, 
Governor to ^^^^ commissioHcr shall have equal voice; and if there is a tie vote upon 
deride issue in aiw matter, except such as relates to authorizing additions to or de- 
vote."' '"^ ductions from the balance sheet account representing state owned 
ilii: lei; I L property, the board shall call upon the governor or the person acting in 
his place to decide the issue. 



Annual report. 

1922, 545, § 20, 

1923, 362, § 1. 



Section 33. The commission shall anniuilly on the second Wednes- 
day in January submit to the general court a printed abstract of its 
report, exhibiting a full and accurate statement of the financial condition 
and transactions of the commonwealth for the preceding fiscal year, and 
as soon as may be tliereafter it shall submit its printed report in detail. 



1 
2 
3 
4 
5 
6 

1 
2 

3 

4 
5 



Contents of 
annual report. 

1922, 545, § 20. 

1923, 362. § 1. 



Section 34. Such report shall contain a summary statement of the 
receipts into, and payments from, the treasury of the commonwealth 
for the preceding fiscal year; a detailed statement of such receipts and 
expenditures, including the expense incurred for the support of all 
permanent departments, offices, commissions, services and institutions; 
and all exceptional and special charges incurred for articles purchased. 
The account shall be so constructed as to show the expenses which have 
been actually incurred within the fiscal year, whether paid or unpaid at 
the end of such year. It shall include all items of accounts of expentli- 
ture of interest to the public, and, as far as may be, shall show tlie dif- 10 
ferent departments, officers or commissions under whose direction the 11 
expenditure was made and the diHercnt officers who have received salaries 12 
or other general charges; and no cxpejulirure exceeding five hundred 13 
dollars, including separate items, shall be classified under an indefinite 14 
head. 15 



CiL\ps. 7, S.] 



141 



1 Section 35. The report shall show the aggregate amount of funded fo°8hol7™dld 

2 debt and of all temporary loans at the beginning and end of the fiseal jj^''^'',; P^^ 

3 year respectively and the balance of increase or decrease in each case, '"parts. 

4 and state the cause of such increase or decrease. It shall state whether ibis! 362] § 1. ' 

5 or not the ordinary expenses of the fiscal year have exceeded the income, 
G and show the amount of the balance. It shall contain a particular 

7 statement of all transactions affecting the funds belonging to or held in 

8 trust by the commonwealth, including new investments of any portion 

9 of the same made during the preceding fiscal year, and also of the man- 

10 ner in which the income of the school fund has been disbursed. In 

11 making such report the commission shall estimate the value of securities 

12 at their market value at the time of making its report. The report 

13 shall also include a statement of the transactions of the commission in 

14 the performance of its duties not directly connected with state finances. 

15 Said report may be published in such parts, or separate volumes, as the 

16 commission mav determine. 



CHAPTER 8. 

SUPERINTENDENT OF BUILDINGS, AND STATE HOUSE. 



Sect 




Sect 


1. 


Superintendent of buildings. 


12. 


2. 


Appointment and term. 




3. 


[Repealed. 1 




4. 


.Appointment of employees. 


1.3. 


5. 


Compensation of employees. Vaca- 


14. 




tions for scrub women. 


15. 


6. 


Superintendent to direct repairs, 
improvements, etc. Exceptions. 


16. 


7. 


Superintendent may repair state 
house. 


17. 


8. 


[Repealed.] 


18. 


9. 


Care of state house, etc. 




10. 


Assignment of rooms in state house. 


19. 




etc. 


19A. 


lOA. 


Leasing by state departments, etc.. 






of premises outside of buildings 


20. 




owned by commonwealth, ap- 






proval. 


21. 


11. 


Annual report. 





Prevention of trespasses at state 
house, etc. Watchmen, etc., to be 
armed, etc. 

Fees forbidden. 

Military museum. 

[Repealed.] 

Land around state house to remain 
open. 

Rooms in state house for the several 
departments of war veterans. 

Records, etc., of such departments, 
accessibility, etc. 

Portraits of certain former governors. 

Memorials of certain former gov- 
ernors. 

Care and maintenance of the old pro- 
\'incial state house. 

Establishment of permanent memo- 
rials in state house regulated. 



1 Section 1. There shall be an officer to be known as the superin- .superintendent 

2 tendent of buildijigs, in this chapter called the superintendent. igigTm^l 17. 

1 Section 2. Upon the expiration of the term of office of a superin- Appointment 

2 tendent, his successor shall be appointed by the governor, with the igfg.'so'o; § n. 

3 advice and consent of the council, for three years. The superintendent 

4 shall receive such salary as shall be fixed by the governor, with like 

5 advice and consent. 

1 Section 3. [Repe.\led, 1923, 362, § 9.] 



1 Section 4. He may appoint such clerks, engineers, electricians, fire- Appointment 

2 men, oilers, mechanics, watchmen, elevator operators, porters, cleaners i'sbsI'mT*^ 



142 



SUPERINTENDENT OF BUILDINGS, AND STATE HOUSE. [ClIAP. S. 



1881, 275, § 5. and other persons as may be necessary to enable him to perform his 

[881.^128.''' duties. He shall be responsible for the fitness and good conduct of 

r^l' w^^il all such employees and may remove them at his discretion. Appoint- 

]i\\ p4 ments under this section shall not be subject to chapter thirty-one. 

1919,350, §§ 17, 18. 



3 
4 
5 
6 



Compensation 
of employees. 
Vacations for 
srrub women. 
1903, 455. 
190.5, 218, § 2. 
1906, 232. 
1907,359, § 1; 
384. 

1910. 152; 634. 
1914, 667; 684. 

1916, 254; 255; 
267. 

1917, 323. 

1918, 242. 

1919, 243; 350, 
§18. 

1920, 221. 
1922, 234. 
1928, 175. 
1931, 301, 
§ 53; 372. 



Superintendent 

to direct 

repairs, 

improvements, 

etc. 

Exceptions. 

R. S. 13, § 60. 

1856, Res. 74. 

1857, 65, § 2. 
G. S. 14, 
§§51. .52. 62. 
P. S. 5, §§4. 12. 
1887. 128, § 1. 
1895. 284, § 1. 
R. L. 10, 

§§ 4, 17. 



Section .5. The pay of scrub women employed by the commonwealth 1 

shall be based upon a regular weekly rate of eighteen dollars for thirty- 2 

three hours' work. When time is lost or a greater number of hours are 3 

worked by them than the aforesaid thirty-three hours, the resulting 4 

reductions or additions shall be based upon an hourly rate of fifty-five 5 

cents, and they shall be allowed for time off on legal holidays at the 6 

regular weekly rate. Scrub women or cleaners regularly employed by 7 

the superintendent of buildings shall be paid weekly, and when so em- 8 

ployed for a period of at least six months shall be entitled to a vacation 9 

each year of two weeks' duration with pay. Such pay shall be based 10 

upon the average weekly compensation received by them for the pre- 11 

ceding six months' period of employment. 12 



Section 6. He shall direct the making of all repairs and improve- 
ments in the state house and on the state house grounds. All executive 
and administrative departments and officers shall make requisition 
upon him for any repairs or improvements necessary in the state house 
or in other buildings or parts thereof owned by or leased to the common- 
wealth and occupied by said departments or officers.^ Such repairs or 
improvements shall be made only upon such requisition signed by the 
head of the department or office. This section shall not apply to state 
institutions or officers thereof. 



1915, 224. 
1919, 350, 



19, 20. 



1923. 362, § 10. 
1 Op. A. G. 231. 



Op. A. G. (1920) 35. 



Superintendent 
may repair 
state house. 
1857, 65, § 2. 
G. S. 14, § 62. 
P. S. 5, § 12. 
1887, 128. 



Section 7. If the state house is damaged by fire or other casualty, 
during the recess of the general court, the superintendent may make all 
repairs necessary for the protection and preservation of the building 
without an appropriation therefor. 

R. L. 10, § 17. 1919, 350, § 17. 



Section 8. [Repealed, 1923, 362, § 9.] 



Care of state 
house, etc. 
R. S. 13, § 60. 
G. S. 14, 
§§ 51. 52. 
P. S. 5, § 4. 
1887, 128, § 1. 
1895, 284, § 1. 
R. L. 10, § 4. 
1913, 830, § 3. 
1915, 224. 

1919, 350, 
§§ 17, 18. 

1920, 510. 

1 Op. A. G. 
231. 



Section 9. The superintendent shall, under the supervision of the 
governor and council, have charge of the care and operation of the state 
house and its appurtenances and shall have general charge and o\er- 
sight of any other buildings or parts thereof in Boston owned by or 
leased to the commonwealth for the use of public officers, and shall see 
that the chambers and lobbies of the general court and of its committees 
are kept clean and in good onler; shall superintend all ordinary repairs 
thereof and shall have charge of the current expenses for the care and 
preservation of the state house and its appurtenances, and for the ordi- 
nary repairs of the furniture and fixtures therein. _ He shall take proper 10 
precautions against damage thereto, or to the furniture, fixtures or other 11 
public property therein. There shall be maintained an ade(iuate passage- 12 
way for foot passengers from north to south through the east wing or 13 
extension of the state house, to be kept open during such hours as the 14 
superintendent shall fix. 15 



CilAl'. S.] SUPERINTENDENT OF BUILDINGS, AND STATE HOUSE. 143 

1 Section 10. He may, under the supervision of the governor and r^ms^sLtl 

2 council, assign the rooms in the state house and rooms elsewhere used i9"o'''3|ff' 

3 by the commonwealth, and may determine the occupancy thereof in i^'s. P*- 

4 such manner as the public service may require; provided, that the §§ 12, is." 

5 executive and administrative departments of the commonwealth shall 

6 be provided with suitable quarters which shall, so far as is expedient, 

7 be in the state house; and provided further, that this section shall not 

8 apply to rooms assigned to or used by either branch of the general court 

9 or any connnittees or officers thereof, except with the written consent of 

10 the presiding officer of the branch using such rooms, or to rooms assigned 

11 to or used by joint committees of the general court, except with the 

12 written consent of the presiding officers of both branches of the general 

13 court, nor shall it apply to the rooms used by the Grand Army of the 

14 Republic of the department of Massachusetts under section seventeen, 

15 except with the consent of the commander thereof. He shall during the 

16 sessions of the general court, upon application of the sergeant-at-arms, 

17 assign such rooms as may be required for the use of committees and 

18 other purposes. 

1 Section lOA. When a state department, commission or board is Leasing by 

2 authorized to procure quarters or to occupy premises outside of the ments'!X','ot 

3 state house or other building owned by the commonwealth, the execu- Pde^orbi^u- 

4 tive and administrative head of such department, commission or board commonweaul 

5 shall, in the name and behalf of the commonwealth, execute the lease, jSK^g^g 

6 but no such lease shall be valid until approved by the superintendent 

7 of buildings and the governor and council. 

1 Section 11. The superintendent shall submit an annual report to Annual report. 

2 the governor and such other reports as the governor may require. 1923! 36°; § u! 

1931. 42G, §132. 

1 Section 12. The superintendent shall take proper care to prevent Prevention of 

2 any trespass on, or injury to, the state house or its appurtenances, or state house, 

3 any other building or part thereof in Boston owned by or leased to the watchmen. 

4 commonwealth for public offices; and if any such trespass or injury is armed" eti. 

5 committed, he shall cause the offender to be prosecuted therefor. For p^l^'s^^fs^^' 

6 any criminal offence committed in any part of the state house or the IIH |^|- ^ 

7 grounds appurtenant thereto, or in any other building in Boston owned R '- }o. \s. ' 

8 by or leased to the commonwealth, the superintendent and his watch- 1921! 256! 

9 men shall have the same power to make arrests as the police officers of 

10 Boston. The superintendent may arm his watchmen and assistant 

11 watchmen and, in case of an emergency, may arm and detail as watch- 

12 men for extra duty such employees in his department as, in his judgment, 

13 the emergency requires for the proper protection of state property under 

14 his jurisdiction. 

1 Section 13. No fee or reward shall be taken by the superintendent, f||5 forbidden. 

2 the sergeant-at-arms or by any person under the authority of either of it. s' 13. §65. 

3 them for opening the public rooms in the state house for the view and p s.s, '§ 11. ' 

4 inspection of visitors. ^- ^- '°' ^ '^■ 

1919. 350. § IS. 

1 Section 14. The superintendent may expend not more than fifteen MiHtary 

2 hundred dollars annually for the maintenance of the museum estab- i897;'204. 



144 



SUPERINTENDENT OF BUILDINGS, AND STATE HOUSE. [ChAP. 8. 



R L 10.^5 18.^ lished in the state house for the preservation and exhibition of the regi- 3 

^ ' ' mental flags and other mihtary rehcs in the possession of the common- 4 

wealth and of other objects connected with the military history of the 5 

United States and especially of the New England states. 6 



Land around 
state house to 
remain open. 
1894, 532, § 6. 
R. L. 10, 5 20. 



Section 15. [Repealed, 1924, 361.] 

Section 16. The land now taken by the commonwealth about the 
state house shall remain an open space, and no railroad or railway shall 
be constructed or operated in, upon or over the same. A grant made to 
a railroad or railway corporation shall not be construed to include any 
portion of said land. 



1 

1 

2 

3 
4 
5 



Rooms in , 
state house for 
the several 
departments 
of war 
veterans. 
1893, 411, § 1. 
R, L. 10, 5 21. 

1919, Sp. 246, 
§ 1. 

1920, 511, § 1. 

1921, 459, § 1. 
1923. 225, 5 1. 
Op. A. G. (1920) 
116. 



Section 17. There shall be set apart and suitably furnished a room 1 

or rooms in the state house for the use of the Grand Army of the Republic 2 

of the department of Massachusetts, the Massachusetts department of 3 

The American Legion, of the United Spanish War Veterans and of the 4 

Veterans of Foreign Wars of the United States, respectively, such room 5 

or rooms to be under the charge of the state commanders of the respective 6 

departments, subject to this chapter. The headquarters thus estab- 7 

lished for the first named department shall be used for storing its supplies 8 

and property, relics and mementos of the war of the rebellion and for 9 

arranging and preserving a history of persons, who served in the army, 10 

navy or marine corps during such war in organizations of the common- 1 1 

wealth, or of citizens of the commonwealth who served in the regular 12 

army, navy or marine corps of the United States, which said depart- 13 

ment may collect or desire to preserve. The headquarters thus estab- 14 

lished for each of the other departments shall be used for storing and 15 

preserving the records and other property of the department and relics 16 

and mementos of the World war and Spanish war. 17 



Records, etc., 

of such 

departments, 

accessibility, 

etc. 

1893, 411, 

§§1,2. 

R. L. 10, § 21. 

1919, Sp. 246, 
§§ 1,2. 

1920, 511, 
§5 1, 2. 

1921, 459, § 2. 
1923, 225, § 2. 



Section IS. The histories, relics and mementos of the Grand Army 
of the Republic of the department of Massachusetts and the records of 
the Massachusetts department of the United Spanish War \'eteraiis, of 
The American Legion and of the Veterans of Foreign Wars of the United 
States shall be accessible at all times, under suitable rules and regulations, 
to members of the respective departments and to others engaged in 
collecting historical information. Whenever any such department 
ceases to exist, its records, papers, relics and other effects shall become 
the property of the commonwealth. 



Portraits 

of certain 

former 

governors. 

1890, Res. 58. 

1895, Res. 54. 

1900, 297, 

§§1,3. 

R. L. 10, § 22. 

1920, 354. 



Section 19. The governor, with the advice and consent of the coun- 
cil, may expend, for the purpose of procuring portraits of the governors 
of the "commonwealth who shall have held office subsequent to May 
fourth, nineteen hundred, not more than three thousand dollars for each 
such portrait, and such portrait shall be hung in the state house under 
the direction of the art commission. 



Memorials of 
certain former 
governors. 
1922, 320. 



Section 19A. The governor, with the advice and consent of the 
council, may, on behalf of the commonwealth, accept or otherwise pro- 
cure suitable portraits or other memorials of the governors of the com- 
monwealth and also of the governors of the provmce and colony of 



Chaps. 8, 9.] superintendent of buildings, etc. state secretary. 



145 



5 Massachusetts Bay and the colony of New Plymouth. Portraits or 

6 other memorials procured under this section shall be submitted to the 

7 art commission for approval prior to their installation in the state house 

8 which shall be under the direction of said commission. 

1 Section 20. There shall be allowed and paid annually by the com- Care and 

2 monwealth the sum of fifteen hundred dollars, to be expended under ofthe^oid 

3 the direction of the governor and council, for the care and maintenance stTte house. 

4 of the old provincial state house in Boston. "^°' ^^*' ^ '■ 

1918, Sp. 160, § 1. 

1 Section 21. No tablet, statue or other memorial of a permanent Establishment 

2 character shall be placed in the state house yvithout the approval of the memorials in 

„ , state house 

6 general court. regulated. 

1922, 146. 



CHAPTER 9. 

DEPARTMENT OF THE STATE SECRETARY. 



Sect. 

1. State secretary. 

2. Deputies, cashier, clerks, etc. 

3. Deputies may act, when. 

4. Supervisor of public records. 

5. Expenditures for certain clerical and 

other ser\'ices. 

6. Decennial certification of number of 

registered voters. Verification. Spe- 
cial eniuneration of legal voters. 

7. Decennial census. Verification; com- 

pilation. 

8. Information for authorities taking fed- 

eral census. 



Sect. 
9. State census director and assistants. 
Duties. Director, etc., may require 
attendance, etc., of witnesses. 

10. State registrar of vital statistics. 

11. Custody of great seal. 

12. Custody of books relating to Maine 

lands. 
1.3. Custody of stereotype plates. 
14. [Repealed.] 
1.5. Notice of expiration of commissions. 

16. Annual list of designated justices. 

17. Annual report. 

18. [Repealed.! 

19. Documents, etc., may be destroyed. 



1 Section 1 . There shall be a department of the state secretary mider state secretary. 

2 his supervision and control, organized as provided in this chapter. The r. s.' is,' 

3 state secretary shall receive a salary of seven thousand dollars. He shall fs^'.gl's i. 

4 make a quarterly return on oath to the governor and council of all fees J^fg; ^J; 

5 of office received by him, and give to the state treasurer a bond, in a ^^g|- 3o'q^^- 

6 penal sum and with sureties approved by the governor and council, }|55'^^^'!|- 

7 conditioned satisfactorily to account for all money received by him in p. s.'i.i. §9. 

8 his official capacity. 

1876, 218, 5 1. 1888, 385. 1907, 276. 1919, 350, § 27. 

1879, 79, § 1. 1892, 262, § 1. 1914, 589. 1929, 318, § 1. 

1884, 79. R- L. 5, § 1. 



1 Section 2. He may appoint a first deputy, a second deputy, a Deputies, 

2 cashier for whose conduct he shall be responsible and from whom he etc. " ' 

3 may require a bond, and a chief of the archives division. He may also r's.'is; 

4 appoint clerks, messengers and other assistants necessary for the prompt f|37%67. 

5 despatch of public business. He may also employ such clerical assist- i|«, 9^^ 

6 ance as he may deem necessary to carry out the laws relative to pri- i846; 217. 



146 



STATE SECRETARY. 



[Chap. 9. 



1853,27.5. marles and elections, and such employment and the appointment of 
lit: 44o: ^ ^' such deputies shall not be subject to chapter thirty-one. 



1857, 269. 
1859, 133; 221. 
G. S. 14, § 4. 

1865, 247, § 5. 

1866, 298, § 5. 
1873, 377, § 8. 

1876, 218, § 2. 

1877, 27. 
1879, 79, § 2. 



1881, 23, § 1; 224. 
P. S. 15, § 10. 

1883, 48. 

1884, 15, § 1. 

1885, 87. 

1886, 238. 

1887, 26. 

1889, 101. 

1890, 239. 



1891, 410. 

1892, 262, § 1. 

1893, 103; 112. 
1895, 402. 
1897, 351. 
1900, 383. 

R. L. 5. § 2. 
1902, 364. 
1908, 561. 



1911, 5.50, § 19. 

1912, 362; 522. 

1913, 718: 721: 
835, §§ 127, 503, 
1918, 293, § 34. 
1920, 620. 
1922. 370, § 1. 
1928, 232, § 1. 
1931, 301, § 54. 



Deputies may 
act, when. 
1813, 49. 
R. S. 13, § 8. 
G. S. 14, § 5. 
P. S. 15. § 11. 
R. L. 5, § 3. 
1911, 294. 



Section 3. If the secretary is disabled from performing his official 
duties, his deputies shall perform the same during such disability. In 
the event of a vacancy in the office of secretary, the first deputy shall be 
continued in office, and shall perform all statutory duties of the secretary 
until a secretary is duly qualified. 



1 
2 

3 
4 
5 

1 
2 

•"> 
o 

4 



Supervisor of SECTION 4. The Secretary shall, with the approval of the governor 

im^Re^ios. and council, appoint, and may, with like approval, remove, a competent 

Iff,' 2.^^' person to be known as supervisor of public records. Said supervisor, 

» hi^' under the supervision of the secretary, shall perform the duties required 

mi' tto 1 2i of him by law, and such other duties as the secretary determines. 5 

1928, 232, § 2. 1931, 301. § .55. 

ExpendHures SECTION 5. The Secretary may expend not more than three thousand 1 

cilrkai and doUars annually for such traveling, clerical and other necessary expenses 2 

189? ssTTI'. in connection with the duties required of the supervisor of public records 3 

wis; 485,S^. under chapter sixty-six as the governor and council ma.\- approve. 4 

1919, 350, § 24. 



Decennial 

certification 

of number of 

registered 

voters. 

Verification. 

Special 

enumeration 

of legal voters. 

1924, 453, § 1. 



Decennial 
census. 
Verification; 
compilation. 
1855, 439, § 3. 
1857, 60, 
§§ 1, 2. 
G. S. 20, 
§§ 1, 2. 
1863, 69, 
§§ 1, 3. 7. 
1874, 386, 
5§ 1, 2, 8. 
P. S. 31. § 1. 
1884, 181, 
§8 1, 18. 
1894, 224, 
SJ 1. 18. 



Section 6. In nineteen hundred and twenty-five and every tenth 1 
year thereafter, the registrars of voters, election commissioners or other 2 
officials having charge of the registers of voters in each city and town 3 
shall certify under oath to the secretary on or before June thirtieth the 4 
number of registered voters in their respective cities and towns on the 5 
preceding March thirty-first, specifying in the case of cities the number (i 
of registered voters in each ward. The secretary may in his discretion 7 
verify any such information in such manner as he deems advisable, and 8 
for this purpose may inspect the records of said officials and call upon 9 
them for such further information as he desires. From the returns so 10 
made, with such amendments as the secretary finds necessary to correct 11 
any errors or omissions therein, he shall compile the special enumeration 12 
of "legal voters required by Articles XXI and XXII of the amendments 13 
to the constitution, and shall submit the result thereof to the general 14 
court by filing the same with the clerk of the house of representatives 15 
as soon as possible thereafter. 1*^ 



Section 7. In nineteen hundred and twenty-five and every tenth 
year thereafter, the mayor of every city and the selectmen of e\-ery town 
shall cause a census to be made of the inhabitants of their respective 
cities and towns residing therein on March thirty-first, on forms pro- 
vided by the secretary, and in accordance with his instructions, and shall 
return the same under oath to the office of the secretary on or before 
June thirtieth following, together with a sworn statement of the total 
of such census. In making such census the services and facilities of 
the assessors and police of a city or town shall be available to the mayor 
of such citv or the selectmen of such town. The secretary may in his 10 



Chap. 9.] state secretary. " 147 

11 discretion verify any such census in such manner as he deems advisable, 1904,423, 

12 and for this purpose may inspect the records of any city or town and 1909, l'7ir§7; 
l.'i call upon the mayor or selectmen for such further information as he ilri4,^fi92, 

14 desires. From the returns so made, with such amendments as the |J,1; ]^^ 

15 secretary may find necessary to correct any errors or omissions therein, |^.|f',-4' 
1() he shall compile the census of inhabitants of each city and town required ciY. (ed.'of 

17 by Articles XXI and XXII of the amendments to the constitution, and 1924,453, §1. 

18 may publish the results thereof in such form as he may determine. ^^^^' ^^' 

1 Section 8. The .secretary shall make available for inspection and ^"/"authoHtiea 

2 copying by the federal authorities charged with the taking of the United '"■'■"s federal 

3 States census such information in his possession as said authorities may 1924, 453, § 1. 

4 desire. 

1 Section 9. The secretary shall, with the appro\al of the governor state census 

2 and council, apixiint, and may, with like approval, remove, a competent aS'ants." 

3 person to be known as the state census director. Said director, under Brrertor, etc., 

4 the supervision of the secretary, shall have charge of compiling infor- "enda'Sce^'etc*' 

5 mation in connection with said decennial census and enumeration and ?g.r-''4||H-3 
G of the enumeration of summer residents under section fourteen of chapter iss?! eo, '§ 2. 

C^ o Of) s o 

7 one hundred and thirty-eight. He shall perform such other duties as ise's, eg', 
S the secretary determines. The secretary may appoint and remove such ism. Res. 102, 
9 temporary officers, clerks and other assistants as are necessary to assist Ij'^/;!^"' 

10 him in performing the duties required in connection with said enumera- p^^l'gf'' ^ ^■ 

11 tion and census. Appointments under this section shall not be subject H. 2, 13-15. 

12 to chapter thirtv-one. For the ijurposes of such enumeration and §§i,'i5, is. 

13 census, the secretary or the state census director may require the at- 1892! 2so! 

14 tendance and testimony of witnesses and the production of books and §u*.' 4,^18. 

15 documents, and may examine witnesses on oath; and such witnesses Jggy; tso, § 2. 

16 shall be examined in the same manner and be paid the same fees as ]^^f' ^fX- 1"*?? 

17 witnesses m civil actions before the courts. 107, §§ 1, 2. 

1904, 423, § 1. 1915, 67; 265, §§ 1, 2. 1924, 4.53, S 1. 

1909. 371, §§ 2, 7, 8, 10. 1919, 350, §§ 25, 26. 1928, 232, § 3. 

1910, 476. 1920, 157. 1931, 426, § 133. 
1912, 560. § 1. G. L. (ed. of 1920) 9. 220 Mass. 609. 
1914, 692, §§ 1, 11. §§ 6, 9. 

1 Section 10. The state secretary may, with the approval of the state registrar 

2 governor and council, appoint and remove a state registrar of vital sta- statistics. 

3 tistics, who shall be a competent statistician. The said registrar may, Jgiii 375 

4 under the direction of the secretarv, enforce all laws relative to the J-';?. 232, § 4 

r • 1 p 1 • 1 • ' 111 1 1931, 301, § 56. 

5 registry and return of births, marriages and deatlis, and may prosecute 

6 in the name of the commonwealth any violations thereof. 

1 Section 1 1 . The state secretary shall have the custody of the great Custody of 

2 seal of the commonwealth; and copies of records and papers in his de- 11. s. 13, § s. 

3 partment, certified by him and authenticated by said seal, shall be p. ,s.' is,' § 12. 

4 evidence like the originals. ^ ^ ^' ^ ^' 

1 Section 12. He shall have the custody of the books of records of bo^oksl-eiating 

2 grants and conveyances of land formerly held by the commonwealth 5oc^'''9S'' ''""'^■ 

3 situated in the state of Maine, and of all other books and records relative R l'. 5. § 5. 

4 thereto. 

1 Section 13. He shall, except as otherwise provided by section four Custody of 

2 of chapter sixty-four, have the custody of all stereotype, electrotype, piltes.^^ 



148 



STATE SECRETARY. 



[Chap. 9. 



1879, Res 5. stcel and copper plates and woodcuts, owned by the commonwealth, 3 

R.L.5S^^.^' and may dispose of them as in his judgment the best interests of the 4 

commonwealth require. ' 5 



Section 14. [Repealed, 1923, 362, § 12.] 



1 



Notice of 
expiration of 
commissions. 
1865, 2.31, § 1. 
P. S. 15, § 14. 
1899, 178, 8 1. 
R. L. 5, § 8. 



Section 15. The secretary shall send by registered mail to every 
justice of the peace or notary public a notice of the time of expiration 
of his commission, not more than thirty nor less than fourteen days 
before such expiration. 

1917, 42, 5 3. 1931, 394, § 184. 



Annual list of SECTION 16. He shall annually in January send to the town clerks 1 

furtfcM*'"' and registrars a list of all justices of the peace designated under section 2 

r^^'l: 5*^5 9.*' thirty-nine of chapter two hundred and seven, with the dates of expira- 3 

tion of their commissions and notice of any revocation of a designation. 4 



Annual report. 

1892, 262, § 2; 
333. § 4. 

1893, 148, § 1. 
1896, 443, § 6. 
R. L. 5, § 10; 
35, § 4. 
1905, 321, § 2. 
1910, 483. 
1914, 447. 
1919, 350, § 24. 



Section 17. He shall, in addition to the special reports required by 
law, make an annual report showing the transactions of his department 
for the preceding fiscal year. He shall include therein a report showing 
the aggregate vote, both affirmative and negative, on every act or part 
of an act which shall have been referred by the general court for accept- 
ance or rejection to the voters of any political subdivision of the com- 
monwealth or to the city council of any city during the year; the returns 
of the number of licenses for the sale of certain non-intoxicating bever- 
ages, as defined in section one of chapter one hundred and thirty-eight, 
granted by the several towns, the amounts received for the same, and 
the votes of the towns on the question of granting the same; the returns 
by the sherifl's of the several counties of money received by them and the 12 
number of days they have attended upon a court of record and upon the 13 
county commissioners, and the abstracts and tabular statements of facts 14 
and statistics relative to the trial of cases in the superior court for the 15 
several counties prepared from the returns furnished to him as required 16 
by section twenty-four of chapter two hundred and twenty-one. He 17 
shall also include in such report a record of the work of his department in 18 
respect to public records under chapter sixty-six, with recommendations 19 
and suggestions relative thereto. 20 



1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 



Section IS. [Repealed, 1923, 146, § 1.] 



Documents, 
etc., may be 
destroved. 
1887, 43. 
R. L. 107, 5 4. 
1909. 371, § 9. 
19L2, Res. 22. 



Section 19. The state secretary, having first obtained authority 
from the governor and council, may destroy or sell such documents, 
records and papers as in his judgment are of no value; and if sold, the 
proceeds thereof shall be paid to the commonwealth. 

1919, 350, § 25. 



Chap. 10. 



ST.\TE TREASURER. 



149 



CHAPTER 10. 

DEPARTMENT OF THE STATE TREASURER. 



Sect. 
1. 
2_ 

3. 
4. 
5. 
6. 
7. 



8A. 



10. 
11. 



12. 
13. 



State treasurer. 

Treasurer's bond. 

Same subject. 

Removal of treasurer. 

Deputies and certain other employees. 

Certification of certain deposits. 

To receive money from the United 

States for soldiers' home. 
To receive money from the United 

States for highways. 
To receive money from United States 

for forest fire prevention, etc. 

Federal Forestry Fund. 
Transmission to attorney general of 

account of overdue money and 

bonds. 
Annual report. 
Publication of certain statements 

relative to metropohtan districts. 
Care of funds on death of treasurer, 

etc. 
Inventory of money, etc., to be taken. 



Sect. 
14. 

15. 



IG. 



17. 



DupMcate receipts by new treasurer 
where no vacancy. 

To receive, etc., trust funds of 
Massachusetts training schools, 
establish certain trust funds, make 
certain payments, etc. 

To receive, etc., trust funds from 
department of education, com- 
missioner of conservation and 
trustees of state library. 

To receive and invest trust funds for 
institutions under supervision of 
department of mental diseases. 



BOARD OF RETIREMENT. 

IS. Board of retirement. 

19. Reimbursement of members. 

20. Clerical assistants, etc. 

COMMISSIONERS ON FIREMEN'S RELIEF. 

21. Commissioners on firemen's reUef. 



1 Section 1 . There shall be a department of the state treasurer, under sme treasurer 

2 his supervision and control, organized as provided in this chapter. The R. s.' 13,' § 20. 

3 state treasurer shall receive a salary of six thousand dollars. 1854', 131, 8 1. 

G. S. 15, § 12. 1S72, 204, § 1. 

1864, 300. 1879. 80, § 1. 

1865, 247, § 1. P. S. 16, § 17. 

1866, 298, § 1. 1885, 263. 



R. L. 6, § 4. 

1907, 276. 

1919,308, §1; 350, §§28-31. 

1 Op. A. G. 24. 



Tre.i3Urer'3 
bond. 
1789, 15. 
1791. 59, § 1. 
R. S. 13. § 14. 
G. S. 15, §9. 
P. S. 16, S 14- 
R. L. 6, § 1. 
1907, 576, § 61 
1909, 256. 

1911, .344. 

1912, 330. 



1 Section 2. The state treasurer shall give bond in the sum of one 

2 hundred thousand dollars, with at lea.st three sureties approved by the 

3 governor and council, or with a surety company as sole surety as pro- 

4 vided in section one hundred and five of chapter one hundred and seventy- 

5 five, payable to the commonwealth, conditioned that he and all persons 

6 employed in his department shall faithfully discharge their duties and 

7 tru.sts; that he shall use all necessary and reasonable diligence and 

8 care in the safe keeping and lawful disposition of all money, bonds, notes, 

9 papers, books and other things pertaining to his department which shall 

10 come to his hands or to the hands of the persons employed by him ; that 

11 he shall, upon reasonable notice, render true accounts of his doings when 

12 thereto required by law or by the senate or house of representatives; 

13 that he shall deliver over to his succe.s.sor in office or to such other person 

14 as may be authorized to receive the same all money, bonds, notes, papers, 

15 books and other things belonging to said department; and that all 

16 balances and defalcations which shall appear against him shall forthwith 

17 be paid by him to the commonwealth. 

1 Section 3. The bond shall be deposited in the office of the state f^^l^l'Jf^' 

2 secretary; and upon the order of the governor, with the advice and con- r. | i.3,' § is. 

3 sent of the council, or upon the order of the general court, the attorney p. s' i6.' § is.' 



150 



STATE TREASURER. 



[Chap. 10. 



general or any other person by them authorized therefor shall commence 4 
an action thereon and prosecute it to final judgment, execution and 5 
satisfaction. 6 



Removal of 
treasurer. 
Const, amend. 
17. 

(Const, Rev. 
art. 138.) 
1791, 59, 
R. S. 13, 
G. S. 15, 
P. S. 16, 
R. L. 6, § 3. 
1913, 336, 
§§1,3. 
1919, 169, § 1 



i2. 
i 16. 
i 11. 
: 16. 



Section 4. If any person repre.sents on oath that the treasurer is 1 

insane or manifestly insolvent, or has absconded or concealed himself, 2 

or is absent from the commonwealth or from the duties of his office to 3 

the hazard of the public treasury, the governor, with the advice and 4 

consent of the council, if upon examination such representation appears 5 

to be true, may designate the first deputy treasurer, upon his gi\ing 6 

bond to the commonwealth for the faithful performance of his duties 7 

in a sum and with sureties approved by them, to perform the duties of 8 

the office until the governor, with the advice and consent of the council, 9 

otherwise orders. 10 



Deputies and 
certain other 
employees. 
1820, 74. 
R. S. 13, 
§§21,22. 
1843, 9. 
1845, 105. 
1847, 209. 
1854, 131. 
1855,440, § 1. 
1857, 269. 
G. S. 15, § 12. 

1864, 300. 

1865, 247, § 5. 

1866, 298, § 5. 
1869, 454. 
1879, 80, § 2. 
P. S. 16, § 17. 

1882, 111. 

1883, 164. 

1885, 15. 

1886, 38; 334. 

1895, 276; 392. 

1896, 326. 

1897, 256. 
1901, 211. 
R. L. 6, § 4. 
1903, 398. 
1905, 272. 

1909, 94. 

1910, 126; 151; 
230; 265. 
1912,7; 632. 
1913, 336. 
1917, 2; 231. 
1919, 169; 
350, § 29. 
1931. 301, § 57. 



Section 5. The state treasurer may, with the consent of the governor 1 
and council, appoint, and may for cause with such consent remove, a 2 
first and a second deputy treasurer, shall prescribe their respective duties, 3 
and, with the approval of the governor and council, shall determine their 4 
salaries. During the illness, absence or other disability of the treasurer, 5 
his official duties shall be performed by the said deputies in the order of 6 
seniority. The treasure^ may employ in his department to assist him 7 
in the performance of his duties, other than those in connection with 8 
the board of retirement, an accountant, a junior accountant, a paying 9 
teller, a warrant teller, an assistant warrant teller, a receiving teller, an 10 
assistant receiving teller, a bond clerk, a fund clerk, a warrant clerk, all 
record clerk, a messenger and two stenographers and expend for addi- 12 
tional clerical and other assistance such sum as may be appropriated 13 
therefor. He may employ a suitable person whom, upon his written 14 
recommendation, the governor may appoint as a special state police 15 
officer for a term of three years unless sooner removed; in employing 16 
said person preference shall be gi\'en to persons who have served in the 17 
military or naval forces of the United States in time of war and ha\e 18 
been honorably discharged from such service or released from active 19 
duty therein. All said employees shall give bond to the commonwealth, 20 
with sureties to be approved by the treasurer, for the faithful perform- 21 
ance of their duties. 22 



Certification 
of certain 
deposits. 
1891, 233, § 2. 
1901, 281. 
R. L. 6, § 6. 



Section 6. The state treasurer shall annually certify to the com- 1 

missioner of corporations and taxation the average deposits of every 2 

corporation or organization required to make deposits in trust with the 3 

state treasurer. 4 



To receive 
money from 
the United 
States for 
soldiers' home. 
1890, 373. 
R. L. 6, § 7. 



To receive 
money from 
the United 
States for 
highways. 

1918, 18, § 2. 

1919, 350, 
5 113. 



Section 7. He shall receive from the United States all sums of money 1 

paid for the benefit of the Massachusetts soldiers' home under authority 2 

of any act of congress, and pay them over to the treasurer of said soldiers' 3 

home, or to any persons authorized to receive the same, without specific 4 

appropriation. 5 

Section 8. He shall receive from the United States all sums of 1 

money payable to the commonwealtli under any act of congress for the 2 

construction of any highways therein. The sums so received shall be 3 

expended upon the order or appro\al of the division of highways of the 4 

department of public works without specific appropriation. 5 



Chap. 10.] state treasurer. 151 

1 Section 8A. He shall recei\-e from the United States all sums of '^" ^e<xWe 

n 111 111 !• money from 

2 monev pa\-able to the coinmoinvealth under any act or congress, pro- umtcd states 

* ' c? • 1 for forpst fire 

3 viding for co-operation in the prevention of forest fires, by way of reim- prevention. 

4 bursement for sums expended by the commonwealth on account of Forestry Fund. 

5 such prevention, or otherwise, and any sums allotted to the common- ^^~*' '^' 

6 wealth for the purpose of protecting, preserving or developing its wood- 

7 lands. The sums so received shall be held as the Federal Forestry 

8 Fund and be expended upon the order or approval of the division of 

9 forestry of the deiDartment of conser\'ation without specific appropriation. 

1 Section 9. He shall annuallv, on the first Monday of Mav, transmit Jransmis.sion 

1 p 1 1 1 '. . . , to attorney 

2 to the attorney general an account of bonds, notes and securities in the general of ac- 

3 treasury in which the commonwealth is interested and on which the due money 

4 principal or interest remains due and unpaid or of which the conditions is34, 199^' 

5 have not been performed, classifying them under distinct heads. ^ '^ '^' ^ ^^' 

G. S. 15, § 17. P. S. le, § 21. R. L. 6, § 8. 

1 Section 10. He shall annually, on the first Wednesday in January, Annual report. 

2 report to the general court a statement of the transactions of his depart- c.'s.' is, § 19. 

3 ment for the preceding fiscal year, including a specific statement of all r. L.el'/g^^' 

4 warrants remaining unpaid and of the names of the persons in whose i^o^-^n. §2. 

5 favor they are drawn. 

1 Section 11. He shall annually, as soon after the prorogation of the Publication 

2 general court as is practicable, publish a st^atement showing the assess- statements 

3 ments for interest, sinking fund and maintenance requirements due me'trp^oUtan 

4 from towns in the metropolitan sewerage systems, north and south, met- i^io'''5i'7. 

5 ropolitan parks and water districts; a statement showing the several }9}8'f89«2 

6 classes of debts incurred for metropolitan di-strict purposes, and the 

7 share of the towns in the several districts as measured by the basis used 

8 in computing the assessments mentioned in the first statement; and such 

9 other statements, if any, as he may deem advisable. The expense of 

10 printing shall be apportioned and paid in equal parts from the main- 

1 1 tenance funds of the sewerage systems, north and south, the parks system 

12 and water system. 

1 Section 12. Upon a vacancy in the office of state treasurer, the Care of funds 

2 state secretary, with two suitable persons appointed by warrant of the tr"eas'urer,°etc. 

3 governor, shall, after notice to the former treasurer, or, if he is deceased, u%'. 13,' 1 17. 

4 to his heirs, executors or administrators, and to his sureties or one of p | J|; 1 1"- 

5 them, or to such of them as are within the commonwealth, seal up and R- ^- ^' § ^°- 

6 secure, in their presence if they attend, all money, papers and other things 

7 supposed to be the property of the commonwealth; and they shall give 

8 such representatives or sureties, if required by them, a true list of all 

9 packages so sealed up and of the places where they are deposited. 

1 Section 13. As soon thereafter as may be, and after like notice, the inventory of 

2 state secretary and the two persons so appointed shall cause the packages J'o°be takln." 

3 to be examined, and a true inventory to be taken of the money and of ^^%] fs; | fg. 

4 all bonds, notes, securities, books and such other things pertaining to said p- 1- 1^' 1 1]; 

5 office as shall be required by the former treasurer or by liis representa- R- L- 6, § ii. 

6 tives or sureties. A copy of such inventory shall be deposited in the 

7 state secretary's office, and copies shall be given on request to any of 

8 said persons. The state secretary and said two persons shall safely keep 



152 



STATE TREASURER. 



[Chap. 10. 



all property so inventoried until a treasurer is duly qualified, to whom 9 
they shall deliver the same, taking duplicate receipts from him therefor, 10 
one of which shall be deposited with the state secretary and the other 11 
with the former treasurer or his legal representatives or sureties. 12 



Duplicate re- 
ceipts by new 
treasurer 
where no 
vacancy. 
Const, amend. 
17. 

(Const. Rev. 
art. 1.38.) 
1791. 59, § 3. 
R. S. 13, § 19. 



Section 14. The new state treasurer shall, upon his election or ap- 1 

pointment and qualification, give duplicate receipts for all property of the 2 

commonwealth transmitted to him, one of which shall be deposited with 3 

the state secretary; and such receipts shall be sufficient evidence for his 4 

predecessor of the delivery of said property, and shall be his sufficient 5 

discharge therefor. 6 

G. S. 15, § 22. P. S. 16, § 23. R. L. 6, § 12. 



To receive, 
etc., trust 
funds of 
Massachusetts 
training 
schools, 
establish 
certain trust 
funds, make 
certain pay- 
ments, etc. 
1906, 407, 
IS 1, 2. 
1927, 241, § 2. 



To receive, 

etc., trust 
funds from 
department of 
education, 
commissioner 
of conservation 
and trustees 
of state 
library. 
1850, 88. 
G. S. 34, § 2. 
P. S. 41, § 2. 
K. L. 39, § 3. 
1923, 301, 
§ 2; 376, § 2. 



Section 15. The state treasurer may receive from the trustees of 
Massachusetts training schools the principal of the various trust funds 
conveyed or bequeathed to the said trustees for the use of any institu- 
tion of which they are trustees; and upon the request of said trustees 
he shall pay out the income of all such funds, and such part of the prin- 
cipal as may be subject to the control of said trustees, in such manner 
as the trustees may direct, subject to any condition affecting the admin- 
istration thereof. The state treasurer may also receive from said trustees 
the unclaimed money paid over under section twenty-three A of chapter 
one hundred and twenty which shall be held by him as two separate 
funds, one to consist of money belonging to former male wards of said 
trustees the income of which shall be expended as directed by the said 
trustees for the purpose of securing special training or education for or 
otherwise aiding and assisting their meritorious male wards, and the 
other to consist of money belonging to former female wards of said 
trustees the income of which shall be expended for their female wards 
in the same manner and for the same purposes as above provided for 
their male wards. Upon certificate of the comptroller that a claim 
thereto satisfactory to him shall have been established and approved 
in writing by the attorney general, the state treasurer shall pay to any 
former ward, or to his legal representatives in case of his death, the 
amount of money held for his benefit and paid over to the state treasurer 
under said section twenty-three A without any accumulations accruing 
thereto after such payment over, out of the principal of the fund in 
which the money so claimed was held as aforesaid. The said funds, if 
in cash, shall be invested safely by the state treasurer, or, if in securities, 
he may hold them in their original form or, upon the approval of the 
governor and council, sell them and reinvest the proceeds in securities 
which are legal investments for the commonwealth sinking funds. He 
shall be held responsible for the faithful management of said trust funds 
in the same manner as for other funds held by him in his official capacity. 

Section 16. He shall invest, reinvest and hold in the name of the 
commonwealth any money or securities, or the proceeds thereof, received 
from the department of education under section three of chapter sixty- 
nine, or from the commissioner of conservation under section one hun- 
dred and fifteen of chapter one hundred and thirty-one, under section 
two of chapter one hundred and thirty-two or under section one of 
chapter one hundred and thirty-two A, or from the trustees of the state 
library under section thirty-seven A of chapter six, and shall disburse 
the income or principal thereof on the order of the commissioner of the 



1 
2 

3 

4 

5 

6 

7 

S 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

1 

2 

•1 
o 

4 

5 

6 

7 

8 

9 



Chap. 10.] state treasurer. 153 

10 department having charge of the work in aid of which the gift or bequest i"?!, 39i, 5 4; 

1 1 was made, or on the order of tlie trustees of the state Hbrary in case of §'26. 

12 gifts or bequests for the use of the state hbrary; provided, that no dis- 

13 position of either income or principal shall be made which is inconsistent 
1-1 with the terms of the trust on which the property is held. He shall be 
15 responsible on his bond for the faithful management of all such property. 



1 Section 17. The state treasurer may receive the principal of any to receive and 

2 fund given or bequeathed to the commonwealth or to the department of funds fo7L- 

3 mental diseases for the use of insane, feeble minded or epileptic persons un'i"r super- 

4 or those addicted to the intemperate use of narcotics or stimulants in p'J^r"me''nt''rtF 

5 anv institution or placed under the supervision of said department; and mental dis- 

() upon its request he shall expend the income of all such funds, and such imo.'ssa. §2. 
7 part of the principal as may be subject to the control of said department, 1919! 350,' § 79. 
S in such manner as it may direct, subject to any condition affecting the 
9 administration thereof. Said funds shall be invested safely by the state 

10 treasurer, and he shall be held responsible for the faithful management 

11 of the same in the same manner as for other funds held by him. 

BOARD OF RETIREMENT. 

1 Section IS. There shall be a state board of retirement serving in Board of 

2 the department, consisting of three members, one of whom shall be the igu^sS*' 

3 state treasurer, ex officio, who shall be chau-man, a second member iVi9^3^o,''§ 28. 

4 elected by the state retirement association established under section two ^®^''' ^^^■ 

5 of chapter thirty-two from among their number in such manner as the 

6 commissioner of insurance may determine, and a third member chosen 

7 by the other two. If the third member is not so chosen within thirty 

8 days after the election of the second, the governor shall appoint the 

9 third member for a term of three years. Upon the expiration of the 

10 term of office of an elected, chosen or appointed member or in case of a 

11 vacancy in either of said offices, his successor shall be elected, chosen 

12 or appointed as aforesaid for three years. 

1 Section 19. The members of the board shall serve without compen- Reimburse- 

2 sation, but they shall be reimbursed out of the contingent fund provided members. 

3 in section four of chapter thirty-two for any expense or loss of salary or §^4'ei^^(|) 

4 wages which they may incur through service on the board. All claims i^'^' ^so, §28. 

5 for reimbursement on this account shall be subject to the approval of 

6 the governor and council. 

1 Section 20. The state treasurer may appoint and remove such cleri- clerical as- 

2 cal and other assistants as may be required to carry on the work of the i9ii"532';"' 

3 state board of retirement. ' *• "' '**• 

1919, 350, § 29. 1931, 301, § 58. 

COMXUSSIONERS ON FIREMEN's RELIEF. 

1 Section 21. There shall be a board to be known as the commis- Commissioners 

2 sioners on firemen's relief serving in the department and consisting of relief."'"™ ° 

3 the state treasurer, ex officio, two members appointed by the governor, ilg?; 274; 5 2! 

4 with the advice and consent of the council, and two members appointed ^^l] H^/^Sf, 

5 by the Massachusetts state firemen's association. Upon the expiration \^^f 9o%\^' 

6 of the term of office of an appointive member, his successor shall be JoJI'lgg^'ao 

7 appointed as aforesaid for two years. Any vacancy existing shall be 

8 filled for the unexpired term in the mamier of the original appointment. 



154 



STATE AUDITOR. 



LClIAP. 11. 



CHAPTER 11. 

DEPARTMENT OF THE STATE AUDITOR. 



Sect. 

1. State auditor. 

2. First deputy auditor. 

3. [Repealed.) 

4. (Repealed.) 
6. Deputy. 

6. Divisions of receipts and of disbursements. 

7. [Repealed.) 

8. [Repealed.) 



Sect. 
9. [Repealed.) 

10. [Repealed.] 

11. [Repealed.] 

12. Auditing of accounts of certain depart- 

ments, etc. 

13. [Repealed.] 

14. [Repealed.] 

15. [Repealed.] 



State auditor. 
1849. 56, 
§§ 1. 6. 

1854, 131, § 1. 
G. S. 15, 
§§1,2. 

1864, 300. 

1865, 247, § 2. 

1866, 298, § 3. 

1867, 178. 
§§1,2. 



Section 1. There shall be a department to be known as the depart- 1 

ment of the state auditor under his supervision and control, organized 2 

as provided in this chapter. The state auditor shall receive a salary of 3 

six thousand dollars and shall give to the state treasurer a bond for 4 

the faithful performance of his official duties in a penal sum and with 5 

sureties approved by the governor and council. G 

188.5. 195, § 1. 
1. 



1870, 380. 
1876, 1.56, 
1879, 81. § 
P. S. 16, §S 



1.2. 



1885. 195, 
1889, 70. 

R. L, 6. §1 13, 14. 
1902, 177, § 1. 



1905. 149, 5 1. 

1907, 139, § 2; 276. 

1908, 597. § 1. 

1919, 309, § 1; 350, § 32. 



First deputy 
auditor. 

1901, 157. 

R. L. 6, § 14. 

1902, 177, § 1 
1905, 149, § 1 

1907, 139, § 2 

1908. 597, § 2 
1911, 294, § 1 
1920, 546, § 3, 



Section 2. He shall, with the consent of the governor and council, 
appoint a first deputy auditor, at a salary to be fixed by the auditor, with 
the approval of the governor and council, who shall perform such duties 
as may be assigned to him by the auditor and who may be removed by 
him for cause at any time, with the consent of the governor and council. 
If, by reason of sickness, absence or other cause, the auditor is tem- 
porarily unable to perform the duties of his office, the first deputy shall 
perform the same until such disability ceases. In tlie event of a vacancy 
in the office of auditor, the first deputy shall be continued in office and 
shall perform all statutory duties of the auditor until an auditor shall be 
duly qualified. The first deputy shall give bond to the commonwealth 1 1 
for the faithful discharge of his duties, in a sum not exceeding five 12 
thousand dollars. 13 



Section 3. [Repealed, 1923, 362, § 13.] 
Section 4. [Repealed, 1923, 362, § 13.] 



Divisions of 
receipts and of 
disbursements. 
1923, 362, § 15. 
1931, 301, § 59. 



1 

2 
o 

4 
5 
6 

7 

8 

9 

10 



Deputy. Section .5. He may, subject to confirmation by the governor and 1 

1919! 52; 69. " council, appoint a deputy in his department at a salary not exceeding 2 

1923! 362, §14. thirty-fivc hundred dollars. The requirements of section two as to the 3 

bonding of the first deputy shall apply to the deputy appointed hereunder. 4 



Section 6. The state auditor may appoint and remove such employ- 
ees as the work of the department may require. Said employees shall 
be organized in two divisions, namely, the division of receipts and the 
division of disbursements. The emjiloyees in the division of receipts 
shall be qualified to check actual receipts. 



Section 7. [Repealed, 1923, 362, § 13.] 



Chaps. 11, 12.] st.\te auditor, attorney general. 

1 Section 8. [Repealed, 1923, 362, § 13.] 

1 Section 9. [Repealed, 1923, 302, § 13.] 

1 Section 10. [Repealed, 1923, 3()2, § 13.] 

1 Section 11. [Repealed, 1923, 362, § 13.] 

1 Section 12. The department of the state auditor shall annually 

2 make a careful audit of the accounts of all departments, offices, com- 

3 missions, institutions and activities of the commonwealth, including 

4 those of the income tax division of the department of corporations and 

5 taxation, and for said purpose the authorized officers and employees of 
G said department of the state auditor shall have access to such accounts 

7 at reasonable times and said department may require the production of 

8 books, documents and vouchers, except tax returns, relating to any 

9 matter within the scope of such audit. The accounts of the last named 

10 department shall be subject at any time to such examination as the gover- 

1 1 nor and council or the general court may order. Said department shall 

12 comply with any written regulations, consistent with law, relative to 

13 its duties made by the governor and council. This section shall not 

14 apply to the accounts of state officers which the director of accounts of 
1.5 the department of corporations and taxation is required by law to 

16 examine. The department of the state auditor shall keep no books or 

17 records except records of audits made by it, and its annual report shall 

15 relate onlv to such audits. 



155 



Auditing of 

accounts of 

certain 

departments, 

etc. 

1849, 56, §§4, 

5, 7. 

G. .S. 15. 

§§7.8. 

1867, 178. 5 6. 

P. S. 16, § 6. 

R. L. 6, § 21. 

1905, 211, § 3. 

1907, 139, § 1. 

1908, 638. § 1. 
1919, 350, § 54. 
1923, 362, § 16. 



1 Section 13. [Repealed, 1923, 362, § 13.] 
1 Section 14. [Repealed, 1923, 362, § 13.] 
1 Section 15. [Repealed, 1923, 362, § 13.] 



CHAPTER 12 



DEPARTMENT OF THE ATTORNEY GENERAL, AND THE DISTRICT 

ATTORNEYS. 



Sect. 

department op the attorney general. 

1. Department of attorney general. 

Salary, etc. 

2. Assistants. 

3. Attorney general to appear for com- 

monwealth, when. 
3A. Investigation of certain claims against 

commonwealth. Payment of small 

claims. 
3B. Indemnification or protection of state 

officers, etc., in connection with 

actions for personal injuries arising 

out of the operation of state-owned 

motor vehicles. 



Sect. 
4. Collection of claims of commonwealth. 

Actions, how brought. 

Attorney general to advise district 
attorneys, etc. 

May prosecute informations. 

Shall enforce application of charity 
funds. 

Shall aid and advise general court 
and committees thereof. 

Powers and duties relative to unlaw- 
ful combinations, etc., in restraint 
of trade, etc. 

Annual report and reports of capital 
trials. 



5. 
6. 



9. 



10. 



11. 



156 



ATTORNEY GENERAL. 



[Chap. 12. 



Sect. 



DISTRICT ATTORNEYS. 



12. District attorneys. 

13. Districts for administration of crim- 

inal law. 

14. Assistant district attorneys, etc. 
1.5. Salaries of district attorneys. 

16. Salaries of assistant district attorneys, 

etc. 

17. [Repealed.] 

15. Clerk or temporary assistant in cer- 

tain cases. 

19. Messenger, stenographers, etc., in 

Suffolk. 

20. Additional legal assistants in Suffolk. 
20A. Special assistant district attorney in 

Suffolk. 

21. Detail for police and detective service 

in Suffolk. 



Sect. 
22. 

2.3. 

24. 

25. 
25A. 



26. 



28. 
29. 



30. 



Clerks and stenographers in northern 
and southeastern districts. 

Traveling expenses. 

Certain expenses to be paid by the 
county. 

Counties may advance certain ex- 
penses. 

County treasurers to advance money 
to district attorneys when neces- 
sary in performance of their duty. 
Accounting. 

Court may appoint substitute. 

General duties of district attorneys. 

Suits on recognizances, etc. 

Attorney general and district attor- 
neys to account for fees. 

Prosecuting officers not to receive 
certain fees, etc. 



Department 
of attorney 
general. 
Salary, etc. 
17S6, 84. 
1789, 25; 45. 
1813, 131, § 1. 



DEPARTMENT OF THE ATTORNEY GENERAL. 

Section 1. There shall be a department of the attorney general, 
under his supervision and control, organized as provided in this chapter. 
The attorney general shall receive a salary of eight thousand dollars. 
He shall be a member of the bar of the commonwealth. 

1832, 130, § 10. 1866, 298, § 2. 1S89, 402, § 1. 1919, 3.5(1, § 33. 

R S 13 5 43. 1873; 254. R. L. 7. § 9. 1920, 422. 

1849, 186, i 12. 1879, 123, § 1. 1907, 276. 1923, 117. 

G. S. 14, § 16. P. S. 17, § 1. 1912, 575, § 1. 



Assistants. 

1855, Res. 25. 

1856, Res. 60. 
G. S. 14, 5 10. 
1868, 93. 
1874, 132. 
1879, 123, § 2. 
P. S. 17, § 2. 
1886, 216. 

1888, 425. 

1889, 402, I 2. 
1896, 490. § 3. 
R. L. 7. 8 9. 
1903, 357, 

§§ 1. 2. 



Section 2. He may appoint such assistants as the duties of the 
department require and a chief clerk and, with the approval of the gov- 
ernor and council, shall fix their compensation. He may appoint a 
cashier and, subject to the approval of the governor and council, fix his 
salary. Such cashier shall give bond to the commonwealth in such sum 
as is determined by the attorney general. He may, with the appro\al 
of the governor and council, employ additional legal assi.stance. Ap- 
pointments under this section shall be exempt from chajiter thirty-one. 

1920, 310. 1930, 102. 238 Mass. 379. 255 Mass. 369. 



Attorney 
general to 
appear for 
commonwealth, 
when. 

1807, 18, § 1. 
1809, 31. 
1811, 10, 
1832, 130, § 8. 
R. S. 13, 
§§29,30. 
1839, 28, § 2. 
1843, 99. 
1849, 186, 
§§2,3,7. 
G. S. 14, 
§§ 17, 22. 
1879, 8. 
P. S. 17, 
§§ 3, 8. 
1892, 159. 

1894, 127. 

1895, 373. 

1896, 490, 
§§1,2. 

R. L. 7, I 1. 
3 Gush. 25. 



Section 3. The attorney general shall appear for the commonwealth 
and for state departments, officers and commissions in all suits and 
other civil proceedings in which the commonwealth is a party or in- 
terested, or in which the official acts and doings of said departments, 
officers and commissions are called in question, in all the courts of the 
commonwealth, except upon criminal recognizances and bail bonds, 
and in such suits and proceedings before any other tritninal when re- 
quested by the governor or by the general court or either l)ranch thereof. 
All such suits and proceedings shall be prosecuted or defended by him 
or under his direction. Writs, summonses or other processes served 
upon such officers shall be forthwith transmitted by them to him. All 
legal services required by such dei)artments, officers, commissions and 12 
commissioners of pilots for the harbor of Bo.ston in matters relating V.i 
to their official duties shall, except as otherwise provided, be rendered 14 
by the attorney general or under his direction. 15 

S Cush 330 1 Op. A. G 36. 54. 80, 81, 3 Op. A. G. 425, 596. 

187 Mass. 185. 88, 154, 362, .595. 603. 4 Op. AG 451 

261 Mass. 523. 2 Op. A. G. 50, 95, 100, 434. Op. A. G. C1917) 60 



1 
2 
3 

4 
5 
6 
7 
8 
9 
10 
11 



Chap. 12.J attorney general. 157 

1 Section 3A. The attorney general shall investigate all claims against investigation 

2 the commonwealth which may be presented to him, provided there is ciaims'ag'ainst 

3 not any statutory authority whereby the claimant may prosecute his payment"™' 

4 claim by suit, at law or in equity, against the commonwealth, or any igalilSgs!"^' 

5 other mode of redress provided by law. To carry out the pro\isions of 

6 this section he may hold hearings, take evidence, administer oaths and 

7 issue subpoenas. If after investigation the attorney general finds that 

8 any claimant is justly entitled to damages, there shall be paid from the 

9 state treasury for settlement in full of such claim from such appropri- 

10 ation as may be made by the general court for the purposes of this 

11 section such sum, not exceeding one thousand dollars on any one claim, 

12 as the attorney general shall determine to be just and reasonable and 
1.3 as the governor and council shall approve. Should the attorney general 
14 find any claimant to be justly entitled to damages in excess of one thou- 
1.5 sand dollars, he shall report to the general court the facts as found by 
10 him and his recommendations relative thereto. 

1 Section 3B. Upon the filing with the attorney general of a written indemnification 

2 request of any officer or employee of the commonwealth or of the met- of Ttate'^'^""" 

3 ropolitan district commission that the attorney general defend him hfc°onneetio'n 

4 against an action for damages for bodily injuries, including death at any To" peTsonai^ 

5 time resulting therefrom, arising out of the operation of a motor vehicle ou\"of thg™'°^ 

6 owned by the commonwealth, including one under the control of said operation of 

7 commission, wherein such officer or employee consents to be bound by motor 

8 any decision that the attorney general may make in connection with the laai"! 45s, 1 1. 

9 trial or settlement of such action, the attorney general shall, if after 

10 investigation it appears to him that such officer or employee was at the 

1 1 time the cause of action arose acting within the scope of his official 

12 duties or employment, take over the management and defence of such 

13 action. The attorney general may adjust or settle any such action, at 

14 any time before, during or after trial, if he finds after investigation that 

15 the plaintiff is entitled to damages from such officer or employee, and in 

16 such case there shall be paid from the state treasury for settlement in 

17 full of such action from such appropriation as may be made by the 
IS general court for the purposes of this section such sum, not exceeding 

19 five thousand dollars, as the attorney general shall determine to be just 

20 and reasonable and as the governor and council shall approve. 

21 If an execution issued on a final judgment in such an action is pre- 

22 sented to the state treasurer by an officer qualified to serve civil process 

23 and if there is also presented to or on file with said state treasurer a 

24 certificate of the attorney general certifying that said execution was 

25 issued on a judgment in an action in which he appeared for and defended 

26 the defendant in accordance with the provisions of this section, there 

27 shall be paid from the state treasury from the appropriation above 
2S referred to, the amount of the execution, including costs and interest, 
29 up to but not in excess of five thousand dollars. 

1 Section 4. He shall enforce the collection of such money due on Collection of 

2 the bonds, notes and securities listed in the accounts transmitted to commonwealth. 

3 him under section nine of chapter ten, and the performance of such r. s.' 13, § 25. 

4 conditions therein referred to as, with due regard to the situation of p |; J|; | J^; 

5 the debtors, he may consider that the interests of the commonwealth ^ l- 7, § 2. 

6 require. 



158 



ATTORNEY GENERAL. 



[Chap. 12. 



Section 5. All civil actions to recover money for the common- 



Actions, how 

1866, 233, 5 2. wealth mav be brought in the name of the commonwealth by the at- 

P. S. 16, § 53. " , , ^ .. . 

R. L. 7, § 3. torney general or by a district attorney. 



1 

2 
3 



Attorney 
general to 
advise district 
attorneys, etc. 
1S32, 130, § 8. 
R. S. 13, 
§§29,31. 
1843, 99, § 2. 
1849, 186, 
§§ 2, 4. 



Section 6. He shall consult with and advise district attorneys in 1 

matters relating to their duties; and, if in his judgment the public 2 

interest so requires, he shall assist them by attending the grand jury 3 

in the examination of a case in which the accused is charged with a 4 

capital crime, and appear for the commonwealth in the trial of indict- 5 

ments for capital crimes. 6 

1850, 46. 1891, 379, § 10. 238 Mass. 379. 

G. S. 14, §§ 17, 19. 1893, 324. Op. A. G. (1917) 60. 

P. S. 17, § 5. R. L. 7, § 4. 



May prosecute 
informations. 
1849, 186, § 9. 
G. S. 14, § 18. 
P. S. 17, § 4. 
R. L. 7, § 5. 
123 Mass. 479. 



Section 7. He may, if in his judgment the public interest so re- 1 

quires, prosecute informations or other processes against persons who 2 

intrude on the land, rights or property of the commonwealth, or com- 3 

mit or erect a nuisance thereon. 4 



1 Op. A. G. 609, 617, 
624, 629, 633, 638, 642, 
646, 647, 650, 654, 655. 



2 Op. A. G. 631, 632. 
635, 640, 642, 646, 649. 

3 Op. A. G. 688, 593. 



Shall enforce 
application 
of charity 
funds. 
1847, 263. 



Section 8. He shall enforce the due application of funds given or 1 
appropriated to public charities within the commonwealth, and prevent 2 
breaches of trust in the administration thereof. 3 



1849, 186, § 8. 
G. S. 14, § 20. 
P. S. 17. § 6. 



R L. 7, §6. 
5 Gush. 336. 
126 Mass. 216. 



218 Mass. 378. 
256 Mass, 568. 
3 Op. A. G. 688, 596. 



Shall aid and 
advise general 
court and 
committees 
thereof. 
1832, 1.30. § 8. 
R. S. 13, § 33. 
1843, 99, § 3. 
1849, 186, § 6. 
G. S. 14, § 21. 
P. S. 17, § 7. 
1900, 373, § 1. 
R. L. 7, 8 7. 
269 Mass. 503. 



Section 9. He shall, when required by either branch of the general 
court, attend during its sessions and give his aid and advice in the ar- 
rangement and preparation of legislative documents and business, and 
shall give his opinion upon questions of law submitted to him by the 
governor and council or by either branch of the general court. He, or 
some person designated by him, shall, when requested by a vote of a 
legislative committee, appear before such committee and advise it upon 
the legal effect of proposed legislation pending before it. 



1 

2 

3 

4 
5 

6 

7 
8 



1 Op. A. G. 36. 

2 Op. A. G. 125, 405, 570. 



3 Op. A. G. Ill, 424,471. 

4 Op. A. G. 557. 



Powers and_ 
duties relative 
to unlawful 
combinations, 
etc., in restraint 
of trade, etc. 

1913, 709, 
§§1,2. 

1914, 728, § 1. 
238 Mass. 379. 



Section 10. He shall take cognizance of all violations of law or of 
orders of courts, tribunals or commissions affecting the general welfare 
of the people, including combinations, agreements and unlawful prac- 
tices in restraint of trade or for the suppression of competition, or for the 
undue enhancement of the price of articles or commodities in common 
use, and shall institute or cause to be instituted such criminal or civil 
proceedings before the appropriate state and federal courts, tribunals 
and commissions as he may deem to be for the public interest, and 
shall investigate all matters in which he has reason to believe that there 
have been such violations. To carry out this section, he may appoint 
necessary assistants, with such compensation as, with the appro \al 11 
of the governor and council, he may fi.x, and may expend such sums as 12 
may be approved by the governor and council. In criminal proceedings 13 
hereunder he may require district attorneys to assist him and under his 14 
direction to act for him in their respective districts. 15 



1 
2 
3 
4 
5 
6 
7 
8 
9 
10 



Chap. 12.] district attorneys. 159 

1 Section 11. He shall make an annual report showing the number Anmmi report 

2 of cases tried, argued or conducted by him during the preceding fiscal Sro/piiai'^ 

3 year, with suggestions and recommendations as to the amendment 1832T130. §8. 

4 and the proper and economical administration of the laws. He shall fjli/fi 

5 inchide therein a statement of his acts under section nine, with sug- l849'}|o'|4' 

6 gestions and recommendations relative thereto. He may, with the p§}y'}P- 

7 approval of the governor and council, prepare and publish such reports isse, 214. 

8 of capital trials as he deems expedient for public use. One copy shall imo.sTi. §2. 

9 be sent to each public and law library in the commonwealth, and the igos,' sa;,*!. 

10 balance may be sold, or otherwise disposed of, at the discretion of the ^^'®' ^^*' ^ '• 

11 state secretary. 

DISTRICT attorneys. 

1 Section 12. There shall be a district attorney for each district set District 

2 forth in the following section, who shall be a resident therein and a Const, amend. 

3 member of the bar of the commonwealth and shall be elected as pro- (Const. Rev. 

4 ^•ided by section one hundred and fifty-four of chapter fifty-four. He isor^^ii. 

5 shall serve for four years beginning with the first Wednesday of Jan- {^^^l; 1^°' ^ ^■ 

6 uary after his election and until his successor is qualified. ^^ ^^- ^''■ 

1848, 16, § 2. 1890, 423, § 189. 1913, 835, 5§ 391, 

1852, 196, § 3. 1893, 417, §§ 260, 258. 392. 503. 

1855, 27.5, § 2. 1898, 648, §§ 314, 322, 323. 1917, 255, § 1. 

1856, 173, §§ 1, 5. R. L. 7, § 11; 11, 1918, 114, § 2. 
G. S. 10, § 2; 14, § 28. §§ 325. 326. 1919, 269, § 26. 
P. S. 10, § 2; 17, § 12. 1907, 560, §§ 353, 354, 456. 1922, 459. 

1 Section 13. For the administration of the criminal law, Suffolk ?dmimstrL°tion 

2 county shall constitute the Suffolk district; Middlesex county, the f/^™"^""' 

3 northern district; Essex county, the eastern district; Norfolk and {832, i30, § 9. 

4 Plymouth counties, the southeastern district; Bristol, Barnstable, §§34, 35. 

5 Nantucket anil Dukes counties, the southern district; Worcester county, 1852', we, 

6 the middle district; Berkshire and Hampden counties, the western 1855,275, 5 1. 

7 district; and Franklin and Hampshire counties, the northwestern p | i"' | f.?- 

8 district. r.l. 7,'§ ii7 

255 Mass. 369. 

1 Section 14. District attorneys of the following districts may appoint Assistant dis- 

2 the following officers, as herein specified, and may at their pleasure etc. 

3_ ,1 18.56, 67, § 1. 

remove them : g. s. u, § 32. 

1870, 361. § 2. 1906. 460, § 1. 1916, 287. 1923, 211, § 1. 

1874, 164. 1909, 276. 1918, 281. 1924, 265, § 1. 

P. S. 17, § 13. 1910, 439, §§2, 3. 1920,451. 192.5, 285, § 1. 

R. L. 7, § 12. 1913, 602. 1922, 304, § 1. 1926, 384, § 1. 

4 For the Suffolk district, ten assistant district attorneys. 1925, 285, § 1. 

1926, 3S4, § 1. 

5 For the northern district, an assistant district attorney and three issi, 157. 

6 second assistant district attorneys. r. l. 7,'§ 12.' 

1910, 310, § 1. 1914, 573, § 1. 1919. 220, §5 1, 4. 1920, 395. 

7 For the eastern district, an assistant district attorney, a second ^^l' ^^^^ jg 

8 assistant district attorney and a third assistant district attorney. i9i7. 229. 

9 For the middle district, an assistant district attorney, a second assist- ^^f^' i57. ^^ 

10 ant district attorney and a third assistant district attorney. 1920, 320. 

1 1 For the southeastern district, an assistant district attorney and a is9i, ii3. 

12 second assistant district attorney, and, if in the opinion of the district 1915,' ss 

13 attorney the interests of the commonwealth require, with the approval 1 • ■ ■ 

14 of the chief justice of the superior court, a deputy district attorney. 



160 



DISTRICT ATTORNEYS. 



[Chap. 12. 



1897,306 poj. tjjg southern district, an assistant district attorney and a second 15 

R. L. 7, 5 12. . . " 

1917,284. assistant district attorney. lb 

1919, 220, § 2. YoT the westem district, an assistant district attorney and a second 17 

assistant district attorney, of whom one shall reside in Berkshire county 18 

and the other in Hampden county. 19 



Salaries of 

district 

attorneys. 



1870, 361, § 1. 
1887, 160. 



Section 15. District attorneys shall receive from the common- 1 



1845, 36. 
1857, 226. 



184S, 16, 5 3. 
1857, 226. 



1852, 196, S 4. 
1856, 249. 



1845, 14. 
1857, 226. 



1846, 264. 
1852, lUU, 5 4. 



1846, 264. 
1849, 142. 



1855, 275, § 3. 



wealth salaries as follows 



1832, 130, § 10. 
R. S. 13, § 43. 
1843, 9. 
1859, 216. 
G. S. 14, § 29. 



1867. 349, § 1. 

1868, 4. 
1872, 352. 
1879, 238, § 1. 
1881, 286. 



P. S. 17, 5 15. 
R. L. 7, § 13. 
1905, 1.57, §5 1, 5. 
1911, 485, § 1. 



1918, 272, §§ 1. 5. 
1923, 398, § 1. 
225 Mass. 309. 



For the Suffolk district, nine thousand dollars. 

1912, 576. 1918, 281. 

For the northern district, seven thousand dollars. 

1858, 118. 1903, 395. 

For the eastern district, six thousand dollars. 

1858, 118. 

For the middle district, six thousand dollars. 

1858, 111. 1885, 168. 1889, 250. 



1910, 369, § 1. 



1917, 242. 



For the southeastern district, six thousand dollars. 

1858, 118. 1892, 319. 



For the southern district, five thousand dollars. 

1856, 277. 1888, 267. 1899, 470. 

For the western district, four thousand dollars. 

1855, 275, § 3. 



1914, 326, § 1. 



1887, 97. 

For the northwestern district, three thousand dollars. 



3 

4 
5 
6 

7 

8 

9 

10 



Salaries of SECTION 16. Assistaut, sccoud assistant and third assistant district 1 

t?fct at^ornlys, attomcys and deputy district attorneys shall receive from the common- 2 
1868, 4. wealth salaries as follows : 3 

p. S. 17. § 15. 1905,157,5 2. 1923, 211, § 2; 398, § 2. 1926, 377, § 1. 
1895, 424. 1918. 272, §§ 2, 5. 1924. 265, § 2. 1928, 367, § 1. 

R. L. 7. § 13. 1922, 304, § 2. 1925, 337. 225 .Mass. 309. 



1856, 67, § 2. 
G. S. 14, § 32. 
1867, 349, § 1. 
1870, 361, § 2. 
1873, 89. 



For the Suffolk district, two assistants, sixty-five hundred dollars; 4 
four assistants, five thousand dollars; two assistants, four thousand 5 
dollars; and two assistants, three thousand dollars. 6 



1874, 164. 
1879, 238, § 2. 
1882, 245, § 2. 
1887, 160. 
1892, 233. 



1898, 235. 
1902, 471. 
190.5, 1.57, § 3. 
1906, 460, § 2. 



1910, 439, §§ 2, 3. 

1913, 602. 

1916, 287. 

1918, 272, § 3; 281. 



1920. 451. 

1925, 285. § 2. 

1926, 3.84, I 2. 

1927, 305, § 1. 



For the northern district, assistant, five thousand dollars; 



1881, 157. 

1903,395. . „ , 1 1 II 

1910, 310. § 2. assistants, tour thousand dollars 



second 7 
8 



1917, 304. 



1919, 220, §§ I, 3. 



1920, 395. 



1882, 1.57. 
1888, 289. 
1902, 530. 
1917, 229. 

1888, 157. 
1893, 138. 
1917, 242. 
1920. 320. 



For the eastern district, assistant, thirty-six hundred dollars; second 9 

assistant, three thousand dollars; third assistant, twenty-four hundred 10 

dollars. 1 1 

For the middle district, assistant, thirty-six hundred dollars; second 12 

assistant, three thousand dollars; third assistant, twenty-four hundred 13 

dollars. 14 



Chap. 12.] district attorneys. 161 

15 For the southeastern district, assistant, thirty-six hundred dollars; 1888,267. 

16 second assistant, three thousand dollars; deputy district attorney, ism! 297! 

17 such compensation as shall be fixed by the district attorney, with the {914; 3^] 5 2. 

18 approval of the chief justice of the superior court. ''■''^' *^ 

1917. 222. 1919. 313. § 1. 

19 For the .southern district, assistant, three thousand dollars; second lsu?;306! 

20 assistant, twenty-four hundred dollars. ''"^' '^^^■ 

21 For the western district, assistant, twenty-four hundred dollars; \f^'^^- 

22 second assistant, two thousand dollars. 

1 Section 17. [Repealed, 1923, 398, § 3.] 

1 Section 18. If there is no assistant district attorney, the district ^'^^''o"^^ 

2 attorney may, with the approval of the superior court, employ a clerk assistant in 

3 to aid him; and in the northern, eastern, middle, southeastern, western 1873,278. 

4 and northwestern districts, the court may appoint, for the sitting at p. s.'i7. 516 

5 which the appointment is made, a competent person to act as an assist- r.^l. 7^^' u"' 

6 ant to the district attorney. The compensation of any person employed }^|^; l^- 

7 or appointed hereunder shall be paid from the county treasury, or, if W^-^!^^- 

8 two or more counties constitute the district, equally from the treasury 1931. 301. § 1. 

^ „ , ' n >/ ''255 Mass. 369. 

9 01 each. 

1 Section 19. The district attorney for the Suffolk district may ap- Messenger, 

2 point a messenger and, with the approval of the chief justice of the etc., in suHoiL 

3 superior court, such stenographers, telephone operators and other office isrg! 238, § 2. 

4 assistants as in his opinion the interests of the commonwealth require. jjis.'Is. 

5 The compensation of any person appointed hereunder shall be paid }s89;238; 

6 by Suffolk county, and any such person may be removed by said dis- R. ^^ ^^^ 

7 trict attorney at his pleasure. 

1906,460,55 1.2.4. 1918,281. 1921,235.11. 1930, 400, §§ 5, 7-9. 
1910,439, §§4-6. 1919,245. 1924, 346, § 1. 1931, 301, § 2. 

1 Section 20. The district attorney for the Suffolk district may Additional 

2 employ additional legal assistants, with the approval of the chief justice in^lusSk."'"''' 

3 of the superior court. The length of time of such employment, which Hit'. 71°' ^ ^' 

4 shall in no instance exceed three months, and the amount of compen- ^53 Mass. sie. 

5 sation, which shall in no instance exceed two thousand dollars, shall be 

6 determined by said district attorney, with the approval of said chief 

7 justice. Such compensation shall be paid by the treasurer of Suffolk 

8 county upon presentation of bills approved by said district attorney, by 

9 said chief justice and by the auditor of said county. In matters con- 

10 nected with the work for which he is so employed, an attorney shall 

11 have all the powers and authority of an assistant district attorney. 

1 Section 20A. The district attorney for the Suffolk district may special as- 

2 appoint an attorney-at-Iaw as a special assistant district attorney, whose auorneyTn"° 

3 duties shall be the listing and assignment of cases, under the supervision 1927! 244, § 1. 

4 of the district attorney, and may remove him at pleasure. Such special 

5 assistant shall have all the powers of an assistant district attorney and 

6 shall receive from the commonwealth such salary not exceeding four 

7 thousand dollars as the district attorney may determine. 

1 Section 21. The superintendent of police of Boston shall, upon the Detail for 

2 written request of the district attorney for the Suffolk district, detail for Sctertiv" 



162 



service in 
Suffolk. 
1906, 460, i 5. 



DISTRICT ATTORNEYS. 



[Chap. 12. 



police and detective service under his direction inspectors or police 
officers, not exceeding two in number. Such inspectors or officers shall 
receive no extra compensation for services thus rendered, and shall be 
subject to the rules and regulations of the police department, unless 
relieved therefrom temporarily by said superintendent or by the police 
commissioner of Boston. 



Clerks and 

stenographers 
in northern 
and south- 
eastern 
districts. 
1914, 573, I 2. 
1919, 313, § 2. 
1930,400, 
§§ 5, 7-9. 
1931, 301, 5 3. 



Traveling ex- 
penses. 

1905, 157. 5 4. 
1930, 210, § 1. 



Section 22. The district attorney for the northern or southeastern 
district may employ such persons for clerical or stenographic work as 
may be approved by any justice of the superior court, and may remove 
them at his pleasure. Their compensation shall be paid, if they were 
employed by the district attorney for the northern district, by Middle- 
sex county; or if employed by the district attorney for the southeastern 
district, by Norfolk and Plymouth counties, one half from each. 

Section 23. Except in the Suffolk district, and except as otherwise 
provided in section twenty-four of this chapter and in section fifteen of 
chapter two hundred and seventy-six, district attorneys and assistant 
district attorneys shall receive for traveling expenses necessarily in- 
curred in the performance of their official duties such sums as shall be 
approved by a justice of the superior court, to be paid by the common- 
wealth. 



Certain ex- 
penses to be 
paid by the 
county. 

1906, 494. 

1907, 170. 
1930, 210, § 2. 
2 0p. A. G. 112. 



Section 24. A district attorney, in the name of any county in his 
district, may contract such bills for stationery, experts, travel outside 
of the commonwealth by witnesses required by the commomyealth in 
the prosecution of cases, for necessary expenses incurred by himself or 
by officers and others under his direction in going outside of the com- 
monwealth for the purpose of searching for or bringing back for trial 
persons under indictment in said county, and for such other expenses 
as may in his opinion be necessary for the proper conduct of his office in 
the investigation of or preparation and trial of criminal causes; and all 
such bills shall be paid by the county for the benefit of which they were 10 
contracted upon a certificate by the district attorney that they were 11 
necessarily incurred in the proper performance of his duty, and upon 12 
approval of the auditor of Suffolk county if the bills were incurred for 13 
said county, otherwise upon the approval of the county commissioners 14 
or of a justice of the superior court. 1^ 



Counties may 
advance cer- 
tain ex|jenses- 
1910, 439, I 1. 
1914, 542. 



Section 25. Money to be used for the necessary expenses to be 1 

incurred by officers, under the direction of a district attorney, in going 2 

outside of the commonwealth for the purpose of searching for, or bring- 3 

ing back for trial, persons under indictment in any county in the dis- 4 

trict of said district attorney shall be advanced by the treasurer of 5 

that county, upon the presentation of a certificate signed by the district 6 

attorney and approved in the manner provided in the preceding section 7 

for approving bills incurred by district attorneys. After their return, 8 

such officers shall account for such money by filing with the county 9 

treasurer itemized vouchers duly sworn to, approved by the district 10 

attorney and also approved in the manner provided in the preceding 11 

section for approving bills incurred by district attorneys. Such vouchers 12 

shall show the necessary expenses so incurred, and any unexpended 13 

balance of such money shall be paid to the county treasurer. 14 



Chap. 12.] district attorneys. 163 

1 Section 25A. Money to be used for necessary expenses to be incurred Sl-Js'to'""^ 

2 in the performance of the duties of a district attorney in relation to any advance money 

. . . ... . I . ,. ' . * to district 

3 investigation or proceeding in any county in his district, to an amount attorneys when 

4 not exceeding two thousand dollars in any one month, shall be advanced p^Formanc'e of 

5 to him by the treasurer of said county, or placed to his credit for ad- A(-'cou''n'tmg. 

6 vance under his direction to persons designated by him, upon the pres- ^^^®' ^*^' 

7 entation of a certificate signed by him certifying that such amount is 

8 necessary for use as aforesaid. Every sum so aflvanced shall be ac- 

9 counted for by the said district attorney within two months after such 

10 ad\ance and said accounts shall be approved in the manner provided in 

11 section twenty-four for approving bills incurred by district attorneys; 

12 provided, that all sums so advanced by the treasurer of any county 

13 during any financial year shall be accounted for, and any unexpended 

14 balances thereof be repaid to said treasurer, prior to January tenth next 

15 following the close of said financial year. 

1 Section 26. The supreme judicial or superior court may at any Court may 

2 sitting, in the absence of the attorney general and district attorney, substitute. 

3 appoint some suitable person to perform their duties. '*'^^' ^^°' 

R. S. 13. § 40. P. S. 17, § 22. 4 Gray. 146. 

G. S. 14, § 25. R. L. 7, § 15. 8 Gray, 501. 

1 Section 27. District attorneys within their respective districts shall S^iTricI""'' 

2 appear for the commonwealth in the superior court in all cases, criminal ^gg™''!', j 

3 or civil, in which the commonwealth is a party or interested, and in the '832; isb, §9. 

4 hearing, in the supreme judicial court, of all questions of law arising in §§38.39. 

5 the cases of which they respectively have charge, shall aid the attorney ?§ fi.'li 

6 general in the duties required of him, and perform such of his duties as ^'ng^i. 

7 are not required of him personally; but the attorney general, when Jf^^' 1*^5 17 

8 present, shall have the control of such cases. They mav interchange i ^"s^.' 25 

n rt! ■ I 1 ^- ./ .. O 8 Gray. 497. 

9 orncial duties. 15 Gray, 447. 

123 Mass. 223. I Op. A. G. 73. Op. A. G. (1917) 60. 

238 Mass. 379. 2 Op. A. G. 112. Op. A. G. (1918) 77. 

1 Section 28. District attorneys shall commence suits upon recog- Suits on 

2 nizances in criminal cases within their respective districts within sixty ^«J:°k'^'^^°''«^' 

3 days after default has been entered of record, or after they have satis- r &*' r?,*§ lo^; 

4 factory evidence of an act which would cause a forfeiture thereof, and ^- ^- ^' * '*• 

5 shall prosecute them without delay. Such suits shall not be discon- 

6 tinued except with consent of the court or upon a certificate, signed by 

7 the sheriff or his deputy and filed in court, that the amount of the recog- 

8 nizance and the costs of suit have been paid to him. They may, how- 

9 ever, be begun after the expiration of said sixty days. 

1 Section 29. The attorney general and the district attorneys shall genemf^„d 

2 account to the state treasurer for all fees, bills of costs and money J'^trict at- 

3 received by them by virtue of their offices. count" for fees. 

1786, 84. R. S. 13. § 45. 239 Mass. 458. 

1789, 25; 45. G. S. 14, § 27. 253 Mass. 518. 

1813, 131, § 2. P. S. 17, § 24. 1 Op. A. G. 522. 

1832, 130, 5 10. R. L. 7, § 20. 

1 Section 30. No prosecuting officer shall receive any fee or reward Prosecuting 

2e -LUIfr p •• '■ 1- offi'^ers not to 

irom or in benali or a prosecutor tor services in any prosecution or busi- receive certain 

3 ness to which it is his official duty to attend, nor shall he be concerned isoi.^'il, § 2. 

4 as counsel or attorney for either party in a civil action depending upon R*'f ' 1.3.° § 46."' 

5 the same facts involved in such prosecution or business. °' ^ ^*' ^ ^®" 

p. S. 17, § 25. R. L. 7, § 21. 239 Mass. 458. 253 Mass. 516. 



164 



DEPARTMENT OF CIVIL SERVICE AND REGISTRATION. [ClIAP. 13. 



CHAPTER 13. 

DEPARTMENT OF CIVIL SERVICE AND REGISTRATION. 



Sect. 

1. Organization of department. 

DIVISION OF CIVIL SERVICE. 

2. Commissioner and associate commis- 

sioners. 

3. Employees. 

4. Organization and meetings of the 

board. Deputy commissioner. 

5. Certain powers of the associate com- 

missioners. 

6. Examiners. 

7. Certain persons ineUgible as repre- 

sentatives of the division. 

DIVISION OF REGISTRATION. 

8. Director. 

9. Certain boards serving in the division. 

Offices. 

BOARD OP REGISTRATION IN MEDICINE. 

10. Board of registration in medicine. 

Appointment, etc. 

11. Meetings, organization, etc. 

12. Examination of chiropodists. Expert 

assistance. Compensation, etc. 

BOARD OF REGISTRATION OF NURSES. 

13. Board of registration of nurses. Ap- 

pointment, etc. 

14. Meetings, organization, etc. 

15. Compensation and expenses. 

BOARD OF REGISTRATION IN OrTOMETRV. 

16. Board of registration in optometry. 

Appointment, etc. 

17. Meetings, organization, etc. 

18. Compensation and expenses. 

BOARD OF DENTAL EXAMINERS. 

19. Board of dental examiners. Appoint- 

ment, etc. 

20. Meetings, organization. 

21. Salaries and expenses. 



Sect, 
board of registration in pharmacy. 

22. Board of registration in pharmacy. 

Appointment, etc. 

23. Meetings, organization. 

24. Salaries and expenses. 

25. Agent. 

BOARD OF REGISTRATION IN ^'ETERINARY 
MEDICINE. 

20. Board of registration in veterinary 
medicine. Appointment, etc. 

27. Organization, meetings, etc. 

28. Salaries and expenses. 

BOARD OF REGISTRATION IN EMBALMING. 

29. Board of registration in embalming. 

Appointment, etc. 

30. Meetings, organization, bond of secre- 

tary. 

31. Salaries and expenses. 

ST.ATE EXAMINERS OF ELECTRICL^NS. 

32. State examiners of electricians. 



.RD op REGISTRATION OF CERTIFIED 
PUBLIC ACCOUNTANTS. 

Board of registration of certified public 
accnvmtants. Appointment, qualifi- 
cations. 

Meetings. Chairman and secretary. 

Salaries and expenses. 



33. 



BOARD OF STATE EXAMINERS OF PLUMBERS. 

36. State examiners of plumbers. Appoint- 

ment, etc. Executive secretary. 

37. Meetings. 

3.S. Salaries and traveling expenses. Cler- 
ical assistance. 

BOARD OF REGISTRATION OF BARBERS. 

39. Board of registration of barbers. .Ap- 

pointment, etc. 

40. Meetings, organization, bond of secre- 

tary, etc. 

41. Compensation, etc. 



Organization 
of department. 
1884, 320, § 1. 
R. L. 19, § 1. 
1006, 159. 
I '.107,344. 
I'.llO, fiOS. 
lilKi, 297, § 1. 
1019, 350. 
8§ 03, 64. 



Section 1. There shall be a department of civil service and regis- 
tration, which siiall consist of a division of civil service and a division 
of registration. The commissioner of civil ser\ice and the director of 
registration shall act as a board in all matters affecting the department 
as a whole. 

138 Mass. 001. 



ClIAP. 13.] DIVISIONS OF CIVIL SERVICE AND REGISTRATION. 165 



DIVISION OF CIVIL SERVICE. 

1 Section 2. The division of civil service shall be under the super- Commissioner 

2 vision and control of a commissioner of civil service, who shall be the commissioners. 

3 executive and administrative head of the division, and two associate R.^L.ii^'u^; 

4 commissioners. Upon the expiration of the terra of office of a com- H^f J^| 

5 missioner or an associate commissioner, his successor shall be appointed {gJeilgf-ji. 

6 by the governor, with the advice and consent of the council, for three i?'|^^|o' 

7 years. The commissioner shall receive such salary, not exceeding five 

8 thousand dollars, and the associate commissioners such salary, not 

9 exceeding two thousand dollars, as the governor and council may deter- 

10 mine. The associate commissioners shall not be of the same political 

11 party. 

1 Section 3. The commissioner may appoint and remove such officers Employees. 

2 and employees as the work of the division of civil service may require. §§ i,'2o. ' 

3 He may expend for such compensation, and for necessary traveling and igsg! 177; 351. 

4 other expenses for himself, the associate commissioners and employees ^^[^ H^- 

5 of the division whose duties require them to travel, such amounts as are floe.l'sg; 455. 

6 annually appropriated therefor. 1907! 344; 454. 

1910, 1.S4; 204; COS. 1919, 3.50, § 66. 1 Op. A. G. 382. 

1916, 297, §§ 1, 2. 1931, 301, § 60. 

1 Section 4. The commissioner and associate commissioners shall amrmeetings 

2 constitute a board which may appoint and remove a deputy commis- DppuiyTom'- 

3 sioner of the division, determine his powers and duties, and, subject to missioner. 

1 •! r" I • • rT\\ 1919, 35U, s Do. 

4 the approval of the governor and council, fax ms compensation. Ihe 

5 board may authorize the commissioner to organize the division into sub- 

6 divisions and to assign officers and employees of the division thereto. 

7 Meetings of the board shall be held at least once a month at such times 

8 as it may by rule determine, and when requested by any member thereof. 

1 Section .5. The associate commissioners or either of them may '^^^^^^^^ ,^ 

2 require the commissioner or any official or employee of the division associate 

3 to give full information, and jjroduce all papers and records, relating mgT'slaTee 

4 to any official act performed I)y him. 

1 Section 6. The board may designate persons in the official service Examiners. 

2 of the commonwealth or of any city, or of any town where chapter thirty- r. l'. i5, '§4. 

3 one is in force, who shall, with the consent of the head of the department §§'|4,^|6.' 

4 or office in which any such person serves, act as examiners of applicants 

5 for any public employment, but no person shall serve as such examiner 

6 when any relative or connection by marriage, within the degree of first 

7 cousin, is an applicant. 

1 Section 7. A person holding an office or position to which he has Certain 

2 been elected by the people, or by the aldermen or city council of a city ineligible as 

3 or the selectmen of a town, shall not be eligible for appointment to the oFthe division 

4 office of representative of the division of civil service. ^^^^' ^^^' ^ ^' 

division of registration. 

1 Section S. The division of registration shall be under the supervision Director. 

2 of a director, to be known as the director of registration, at such salary, i(J26; I'ss'. ' 

3 not exceeding two thousand dollars, as the governor and council may 



166 



BOARDS OF REGISTRATION. 



[Chap. 1.3. 



determine. Upon the expiration of the term of office of a director, his 4 
successor shall be appointed by the governor, with the advice and con- 5 
sent of the council, for not exceeding two years. 6 



Certain SECTION 9. The various boards of registration and examination here- 
in the division, after mentioned in this chapter shall serve in the division of registration 
fmsso, and shall establish their offices in the state house within the spaces 
i92i!426. already or hereafter assigned to the director of registration. 



Board of 
registration in 
medicine. 
Appoint- 
ment, etc. 
1894, 4.58. § 1. 
R. L. 76, § 1. 



Meetings, 
organiza- 
tion, etc. 
1894, 458, 
§§ 2, S. 
R. L. 76, 
§§2,4. 
1902, 505, 
§§ 1. 4, 6. 



Examination 
of chiropodists. 
Expert assist- 
ance. Com- 
pensation, etc. 
1917, 202, § 3. 



BOARD OF EEGISTR.\TION IN MEDICINE. 

Section 10. There shall be a board of registration in medicine, in 1 

the two following sections called the board, consisting of seven persons, 2 

residents of the commonwealth, who shall be graduates of a legally 3 

chartered medical college or university having the power to confer 4 

degrees in medicine, and who shall have been for ten years actively 5 

engaged in the practice of their profession. No member of said board 6 

shall belong to the faculty of any medical college or university, and no 7 

more than three members thereof shall at one time be members of any 8 

one chartered state medical society. One member thereof shall annu- 9 

ally in June be appointed by the governor, with the advice and consent 10 

of the council, for seven years from July first following. 1 1 

Section U. Said board shall hold regular meetings on the second 1 

Tuesdays of March, July and November in each year, and additional 2 

meetings at such times and places as it may determine. At the regular 3 

meeting in July, it shall organize by the choice of a chairman and secre- 4 

tary, who shall hold their offices for one year. The secretary shall give 5 

bond to the state treasurer in the sum of five thousand dollars, with 6 

sufficient sureties to be approved by the governor and council, for the 7 

faithful performance of his official duties. There shall be paid by the 8 

commonwealth to the secretary of the board a salary of twenty-five 9 

hundred dollars, to each of the other members thereof a salary of three 10 

hundred dollars, and to each member thereof his necessary traveling 11 

expenses actually incurred in attending the meetings of the board. 12 

Section 12. The board, in the examination of applicants for registra- 1 

tion as chiropodists, shall have the assistance of two chiropodists, who 2 

shall each have practiced chiropody in the commonwealth for not less 3 

than five years. They shall be appointed, and may be removed, by the 4 

board, and shall act under its direction, and shall each receive in full 5 

compensation for his services one hundred and fifty dollars a year. ^ The 6 

members of the board who shall be designated by the board to act in the 7 

examination of such applicants shall each receive for such services one 8 

hundred dollars a year; and such members and the two chiropodists 9 

assisting them shall be allowed for their traveling expenses necessarily in- 10 

curred such sums as may be approved by the governor and council. 11 



Board of 
registration 
of nurses. 
Appointment, 

1910, 449, § 1. 



BOARD OF REGISTRATION OF NURSES. 

Section 13. There shall be a board of registration of nurses, in the 
two following sections called the board, consisting of five members, one 
of whom shall be the secretary of the board of registration in medicine, 
ex officio. Three menibers shall be nurses holding diplomas, each from 
a diii'erent training school for nurses giving a course of two years at 



Chap. 13.] board.s of registration. 167 

6 least in the theory and practice of nursing in a hospital, and each of 

7 them shall ha\'e had eight years' experience in nursing the sick. The 

8 fifth member shall be a physician who is a superintendent of a hospital 

9 having a training school for nurses. Of the four appointive members, 

10 one qualified as aforesaid shall annually before October first be ap- 

11 pointed by the governor, with the advice and consent of the council, 

12 to hold office for four years from said October first. 

1 Section 14. The board shall hold regular meetings on the second oJgfo"zlt'ion, 

2 Tuesdavs of Januarv, April and October in each vear at the office of ^tf,. .,a .^ 

* • . T • 1 • 1 1 1 I 1" • I 191U, 44y, s ^. 

3 the board of registration m medicme, and it may hold additional nieet- 

4 ings at such times and places as it may determine. At the regular 

5 meeting in October, it shall organize by electing a chairman, who shall 

6 hold office for one year. The secretary of the board of registration in 

7 medicine shall be secretary of the board, and shall receive as compensa- 

8 tion therefor such sums as may be fixed by the governor and council. 

1 Section 15. Each member of the board, except the secretary, shall anT^xplnses" 

2 receive five dollars for e\'ery day actually spent in the performance of }|j}0' **f^ 1 1- 

3 his duties; provided, that the total sura paid to any member thereof is-'q! 174'. 

4 shall not in any one year exceed one hundred and fifty dollars, and the 

5 necessary traveling expenses actually incurred in attending the meet- 

6 ings of the board. Said compensation and traveling expenses, and any 

7 incidental expenses necessarily incurred by the board or any member 

8 thereof, shall be paid by the commonwealth; provided, that such com- 

9 pensation and expenses shall not be in excess of the receipts for regis- 
10 tration paid to the commonwealth by the board. 

BOARD OF REGISTRATION IN OPTOMETRY. 

1 Section 16. There shall be a board of registration in optometry, in Board of 

2 the two following sections called the board, consisting of five members, oplometry. 

3 citizens of the commonwealth, all of whom shall have been actually ^^ppomtment, 

4 engaged in the practice of optometry as defined in section sixty-six of HHi l'^] ^ ^■ 

5 chapter one hundred and twelve for the five years next preceding their ^|3\' 4,6, 551, 

6 appointment. One member shall annually, in September, be appointed 

7 by the governor, with the advice and consent of the council, for five years. 

8 No member thereof shall be a stockholder of any school of optometry, 

9 a member of the faculty or on the board of trustees thereof, or financially 
10 interested in a manufacturing or wholesale optical business. 

1 Section 17. The board shall meet on the second Tuesday of October Meetings. 

2 in each year, at such time and place as it shall determine, and shall °[^''°'^''"°°' 

3 organize by electing a chairman and secretary, who shall be members of ^^^"' ''°'^' 

4 the board, and who shall hold their respective offices for one year. The 

5 secretary shall give to the state treasurer a bond, with sufficient sureties 

6 to be approved by the governor and council, for the faithful perform- 

7 ance of his duties. The board shall annually hold regular meetings on 

8 the second Tuesdays of February, June and November, and additional 

9 meetings at such times and places as it shall determine. 

1 Section 18. There shall be paid by the commonwealth to the secre- ^°^p™|^*^°" 

2 tary of the board a salary of fi\'e hundred dollars, to each other member 1912, 700. § j. 

3 thereof a salary of three hundred and fifty dollars and to each member 192a kes! 



168 



BOARDS OF REGISTRATION. 



[ClL\P. 13. 



thereof Ms necessary traveling expenses actually incurred in attending 
the meetings of the board, not exceeding four cents a mile each way, and 
such other expenses of the board as are incurred under the two pre- 
ceding sections or under sections sixty-six to seventy-three, inclusive, 
of chapter one hundred and twelve. 



Board of 

dental 

examiners. 

Appointment, 

etc. 

1887, 137, § 1. 

R. L. 76, § 24. 

Ifll5, 301, 

§§1, 14. 



BOARD OF DENTAL EXAMINERS. 

Section 19. There shall be a board of dental examiners, in the two 1 

following sections called the board, consisting of five persons, each of 2 

whom shall be a legal resident of the commonwealth, a graduate of a 3 

reputable dental college, and a reputable dentist with an actual practice 4 

in dentistry in the commonwealth for the ten years next preceding his 5 

appointment. No member shall be a member of the faculty or a trustee 6 

of any institution engaged in educating dentists or having power to 7 

confer degrees in dentistry. One member thereof shall annually in S 

April be appointed by the governor, with the advice and consent of the 9 

council, for five years. No member shall serve more than two full terms. 10 



Meetings, 
organization. 
1887, 137, § 2. 
R. L. 76, § 25. 
1915, 301, 
§§2, 14. 



Section 20. The board shall hold at least two regular meetings in 1 
each year in Boston, and shall annually choose from its own number a 2 
chairman and a secretary. 3 



Salaries and 
expenses. 
1887, 137, § 7. 
R. L. 76, § 27. 

1902, 505, 
§S 3, 4, 6. 

1903. 228. 
1915, 301, 
§§3, 14. 
1920, 424, I 1. 
1924,483. i 1. 



Section 21. There shall be paid by the commonwealth to the chair- 
man of the board a salary of eight hundred dollars, to the secretary 
thereof twelve hundred dollars and to the other members thereof six 
hundred dollars each, and to each member thereof his necessary traveling 
expenses actually incurred in attending meetings of the board. The 
board shall keep a record of all money received and expenses incurred 
by it, and a duplicate thereof shall be open to public inspection in the 
office of the comptroller. 



Board of 

registration in 
pharmacy. 
Appointment, 
etc. 

1885, 313, § 1. 
.1896. 397, § 1. 
1899, 422, § 1. 
R, L. 76, § 10. 
1909, 261, § 3. 
1927, 81. 



BOARD OF REGISTRATION IN PHARMACY. 

Section 22. There shall be a board of registration in pharmacy, in 
the three following sections called the board, consisting of five persons, 
residents of the commonwealth, who shall be skilled pharmacists, and 
shall have had ten consecutive years of practical experience in the com- 
pounding and dispensing of physicians' prescriptions, and shall actually 
be engaged in the drug business. Not more than one member shall 
have any financial interest in the sale of drugs, medicines and chemicals 
and the compounding and dispensing of physicians' prescriptions in the 
same coimcillor district. One member shall annually in November be 
appointed by the governor, with the advice and consent of the council, 
for five years from December first following. 



1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 



Meetings, 
organization. 
1885, 313. § 2. 
1896, 397, § 2. 
R. L. 76, § 11. 
1909, 261, 5 4. 



Section 23. The board shall meet on the first Tuesday of Decem- 
ber in each year at such time and place as it may determine, and shall 
organize by electing a president and secretary, who shall be members of 
the board, and shall hold their offices for one year. The secretary shall 
give to the state treasiu-er a boiui, witli sufficient sureties to be approved 
by tiie governor and council, for the faithful performance of his official 



Chap. 13.] boards of registration. 169 

7 duties. The board shall annually hold regular meetings on the first 

8 Tuesdays of January, May and October, and additional meetings at 

9 such times and places as it shall determine. 

1 Section 24. There shall be paid by the commonwealth to the sec- salaries and 

2 retary of the board a salary of fifteen hundred dollars, to each of the issl"!?! § s. 

3 other members thereof a salary of seven hundred dollars, and to each it^L. 76!'u2. 

4 member thereof his necessary traveling expenses actually incurred in W^S^^^qI 

5 attending the meetings of the board. i^"^' ^^8- 

1914, 384. 1928, 296, § 1. 

1 Section 25. The board shall appoint and fix the compensation, with ^^fi^Sis 

2 the approval of the governor and council, of an agent who shall be allowed 1922! 441. 

3 his necessary traveling expenses. He shall inspect drug stores and make 

4 a daily report of his doings pertaining thereto, and report all violations 

5 of the laws relating to pharmacy. 

BOARD OF REGISTR.\TI0N IN VETERINARY MEDICINE. 

1 Section 26. There shall be a board of registration in veterinary Board of 

2 medicine, in the two following sections called the board, consisting veterinary 

3 of five veterinariajis, residents of the commonwealth and graduates of Appointment, 

4 schools of veterinary medicine recognized by the American Veterinary 1953 249, § 1. 

5 Medical Association. One member thereof shall annually before De- ^^"6, 503, § 1. 

6 cember first be ajjpointed by the governor, with the advice and consent 

7 of the council, for five years from January first following. 

1 Section 27. The members of the board shall meet on the second nieltrngs.'X". 

2 Tuesday of January in each year, at such time and place as they shall ^^°^' ^''9. § 2. 

3 determine, and shall immediately organize by electing a chairman and 

4 a, secretary, who shall hold their respective offices for one year. The 

5 board shall hold regular meetings on the first Tuesdays of March, July 

6 and November of each year, and such additional meetings at such times 

7 and places as it may determine. 

1 Section 28. There shall be paid by the commonwealth to the salaries and 

2 secretary a salary of four hundred dollars and his necessary traveling i9o™249. § i. 

3 and contingent expenses, not exceeding three hundred dollars, actually ^®°''' ^°'^' ^ *' 

4 incurred in attending to the necessary work of the board, and to each 

5 of the other members of the board a salary of fifty dollars and his neces- 

6 sary traveling and contingent expenses actually incurred in attending 

7 the meetings thereof. 

BOARD of REGISTR.\TI0N IN EMBALMING. 

1 Section 29. There shall be a board of registration in embalming. Board of regis- 

2 in the two following sections called the board, consisting of three mem- embaknmg. 

3 bers, who shall be skilled embalmers, resident in the commonwealth, who Appointment. 

4 have had five years of practical experience in the embalming of human }^^| |^|' | J; 

5 dead bodies. One member shall before October first ui each year be 

6 appointed by the goAcrnor, with the advice and consent of the counci], 

7 for three years from said October first next ensuing. Not more than one 

8 member of the board shall be engaged in embalming in the same town. 

9 No member shall serve more than two full terms. 



170 



BOARDS OF REGISTRATION. 



[Chap. 13. 



Meetings, 
organization, 
bond of 
secretary. 
1905. 473. 5 2. 
1920, 546. § 4. 



Section 30. The board shall hold regular meetings on the first 
Tuesdays of January, May and October in each year, and such ad- 
ditional meetings at such times and places as it may determine. At 
the regular meeting in October, it shall organize by the choice of a 
chairman and secretary, who shall be members thereof, and shall hold 
their offices for one year. The secretary shall give to the state treasurer 
a bond, with such sureties as shall be approved by the governor and 
council, for the faithful discharge of his duties. 



Salaries and 
expenses. 
1905, 473, 5 5. 
1910, 390. 
1916, 305, i 2. 



Section 31. There shall be paid by the commonwealth to each 1 

member of the board a salary of one hundred dollars, and his neces- 2 

sary traveling expenses actually expended in attending meetings thereof, 3 

and the incidental expenses of the board, including any sum not ex- 4 

ceeding five hundred dollars annually, expended for purposes of in- 5 

struction, and for dissemination of new and useful knowledge among 6 

and for the benefit of licensed embalmers; provided that such salaries 7 

and expenses shall not be in excess of the receipts for registration re- 8 

ceived by the state treasurer from the board. 9 



State 

examiners of 
electricians. 
1915, 296, § 2 
1919. 350. 
§§ 57, 65, 101 
1931, 301, i 6 



STATE examiners OF ELECTRICIANS. 

Section 32. The commissioner of civil service, the state fire marshal 1 

and the commissioner of education shall constitute the state examiners 2 

of electricians. They shall appoint an executive secretary who is a 3 

1. wage earner, a citizen of the commonwealth and a practical electrician 4 

of at least ten years' experience in the installation of wires and appli- 5 

ances for carrying electricity for light, heat or power purposes. The 6 

three examiners shall receive no compensation for their services under 7 

chapter one hundred and forty-one. They may expend for the salary 8 

of the secretary, and for necessary traveling and other expenses for 9 

themselves and their employees such sums as are annually appropriated 10 

therefor. 1 1 



Board of regis- 
tration of cer- 
tified public 
accountants. 
Appointment, 
qualifications. 
1923, 470, § 1. 



BOARD OF REGISTRATION OF CERTIFIED PUBLIC ACCOUNTANTS. 

Section 33. There shall be a board of registration of certified pub- 



lic accountants, in the two following sections called the board, consisting 
of five persons, residents of the commonwealth, four of whom shall be 
registered certified public accountants and shall have been for seven 
years actively engaged in the practice of public accountancy, and one 
an attorney at law who has been for seven years actively engaged in the 
practice of law. 

No member of said board shall belong to the faculty of any school of 
accountancy or be financially interested in the management of any such 
school or similar institution. Upon the expiration of the term of a 
member thereof, his successor, qualified as aforesaid, shall be appointed 11 
by the governor, with the advice and consent of the council, for a term 12 
of five years. 13 



1 
2 

3 
4 
5 
6 
7 
8 
9 
10 



Meetings. SECTION 34. The members of the board shall hold meetings at such 1 

Chairman and 111 1 1 i e l_ • o 

secretary. . time as thcv shall determine and shall annualh' choose irom their own Z 

3 



1923, 470, § 1. 



number a chairman and a secretary. 



Salaries and SECTION .35. There sliall be paid bv the Commonwealth to the chulr- 1 

1923, 470, §1. nian and secretary a salary of one hundred and fifty dollars each and 2 



Chap. 13.) boards of kegistration. 171 

3 to each of the other members of the board a salary of one hundred and 

4 twenty-five dollars. Said compensation and any other expenses neces- 

5 sarily incurred by the board or any member thereof shall be paid by the 

6 commonwealth; provided, that such compensation and expenses shall 

7 not be in excess of the annual receipts for examination and registration 

8 paid to the commonwealth by the board. 

BOARD OF STATE EXAMINERS OF PLUMBERS. 

1 Section 36. There shall be a board of state examiners of plumbers, state 

2 in the two following sections called the examiners, consisting of three plumbers. 

3 members, citizens of the commonwealth, of whom one shall have had ^t^^Txerative 

4 at least ten years' continuous practical experience as a plumber, one IgM'sse, 

5 shall be an engineer and one a builder. As the term of office of a mem- ^Jj'g' |g^ ^ j 

6 ber expires, his successor shall be appointed by the governor, with the ^f^^ sso, § %. 

7 advice and consent of the council, to serve for three years. The governor i920) 17, § 10. 

8 shall designate the chairman of the board and may at any time change loii; 348] 

9 such designation. 1926,319. 

10 Said board shall appoint an executive secretary who is a citizen of 

11 the commonwealth and has had at least ten years continuous practical 

12 experience as a plumber. He shall receive such salary as shall be deter- 

13 mined by said board, with the approval of the governor and council, 

14 and his necessary traveling expenses incurred in the performance of 

15 his duties. 

16 No member of said board shall be eligible for appointment as execu- 

17 tive secretary, nor shall such appointment be subject to chapter thirty- 

18 one. 

1 Section 37. The examiners shall hold regular meetings at the state Meetings. 

2 house on the Tuesday next following the first Monday of January, 

3 April and October in each year, and such additional meetings at such 

4 times and places as they may determine. 

1 Section 38. There shall be paid by the commonwealth to the chair- salaries and 

2 man of the examiners a salary of five hundred dollars and to each other l^xpenlef. 

3 member thereof a salary of three hundred dollars, and to each member assistance. 

4 thereof his necessary traveling expenses actually incurred in attending '^^^' ^^*' ^ ^■ 

5 meetings of the examiners. The division of registration shall furnish 

6 the examiners with such clerical assistance as may be necessary. 

BOARD OF registration OF BARBERS. 

1 Section 39. There shall be a board of registration of barbers, in Board of 

2 this and the following two sections called the board, to be appointed by oFbar'befs" 

3 the governor, with the advice and consent of the council, and to consist Appointment, 

4 of three members, citizens of the commonwealth, each of whom shall be 55^/' 7'*' 

5 a practical barber and shall have had five years of practical experience 

6 as a barber in this commonwealth prior to his appointment, and at least 

7 one of whom shall be a journeyman barber. No two members of the 

8 board shall, while in office, be engaged in practising the occupation of 

9 barbering in the same town. As the term of office of a member expires, 

10 his successor shall be appointed by the governor, with like advice and 

11 consent, to serve for three years. The governor may also, with like 

12 advice and consent, fill any vacancy in the board for the unexpired 

13 portion of the term. 



172 



BOARDS OF REGISTRATION. 



[Chap. 13. 



Meetings, 
organization, 
bond of 
secretary, etc. 
1931, 418, 
8§1,7. 



Section 40. The board shall hold regular meetings at the state 1 

house on the first Tuesdays of January, May and October in each year, 2 

and such additional meetings at such times and places as it may deter- 3 

mine. At the regular meeting in January it shall annually organize by 4 

the choice of a chairman and a secretary, who shall be members of the 5 

board. Before entering upon the discharge of the duties of his office, 6 

the secretary shall give to the state treasurer a bond, with such sureties 7 

as shall be approved by the governor and council, conditioned upon the 8 

faithful discharge of his duties, and the premium therefor shall be paid 9 

from the funds in the state treasury to the use of the board. Such bond, 10 

with the approval of the board and with the oath of office endorsed 11 

thereon, shall be filed in the office of the state secretary. The board 12 

shall have a common seal, and the members thereof may administer 13 

oaths. 14 



Compensation, 
etc. 

1931, 418, 
§§1.7. 



Section 41. The members of the board shall de\ote their full time 1 

to the duties of their offices and they shall receive from the common- 2 

wealth the following salaries: — the secretary, three thousand dollars 3 

and his necessary expenses incurred in the discharge of his official duties, 4 

and each of the other two members twenty-five hundred dollars and his 5 

necessary expenses so incurred; provided, that the salaries and expenses 

of the members of the board, and the expenses of the board, shall not be 7 

in excess of the receipts for registration and from other sources received 8 

by the state treasurer from the board. 9 



CiiAi'. 14.1 



DEPARTMENT OF CORPORATIONS AND TAXATION. 



173 



CHAPTER 14. 

DEPARTMENT OF CORPORATIONS AND TAXATION. 



Sect. 

1. Department of oorpnrations and taxa- 

tion. 

2. Commi.ssioner. Appointment, term 

and salary. Bond. 

3. Powers and duties of commissioner. 

4. Deputy commissioners and other sub- 

ordinates. 

5. Expenses. 



Sect. 

6. Duties of deputy commissioners. 

7. Certain functions of directors of divi- 

sions. 

S. Duties and powers of income tax offi- 
cers. 

9. Income tax districts, etc. 
10. Bonds of income tax assessors. 



1 Section 1. There shall be a department of corporations and taxa- Department 

2 tion, under the supervision and control of a commissioner of corporations amUaiatton. ^ 

3 and taxation, and consisting of an income tax division, a division of cor- is7o! ill', § If. 

4 porations, a division of inheritance taxes, a division of local taxation, a p^lf'/s.^j ,. 

5 division of accounts and such other divisions as the commissioner deter- ^^^ h^'sV 

6 mines, each division to be in charge of a director. 

1907, 5G4, § 1. 1909, 490, III, § 1. 1919, 350, §§ 52, 53. 



1 Section 2. Upon the expiration of the term of office of a commis- Commissioner. 

2 sioner, his successor shall be appointed for three years by the governor, ternrand'saiary. 

3 with the advice and consent of the council. The commissioner shall fs°7o!'224, §6i. 

4 receive such salary, not exceeding sevent.y-five hundred dollars, as the }|^8, 155. ^ 

5 governor and council determine and shall give to the state treasurer a fo^ o^,^?, 

6 bond for the faithful performance of his official duties in a penal sum and isso, leo,' § 1. 

7 with sureties aj)proved by the governor and council. 

1922, 520, § 1. 



R. L. 14, § 1. 
1907, 564, § 1. 



1909,490, III. § 1. 
1919, 350, §§52, 53. 



1 Section 3. The commissioner shall administer and enforce all laws Powers and 

2 which the department is required to administer and enforce, shall assign commissioner. 

3 to all officials, agents, clerks and other employees of the department 1919.350,555 

4 their respective duties, and may transfer them. 



1 Section 4. The commissioner may, with the advice and consent of ^fss"onersand 

2 the governor and council, appoint and remove the following officers and ot'wrsubordi- 

ri 1 !• • 1 ■ 1 nates. 

3 subordinates m his department: is-o, 224. §6i. 
4 
5 

and council; 



A deputv commissioner and a second deputv, each at such salarv as 1879! 288^ § 2. 
may be fixed by the commissioner, with the approval of the governor p. s.'ii, §97; 



13, §2. 
1887, 342; 

Directors of divisions, at such salary as may be fixed by the commis- tsga^loe.^' 



8 sioner, with the approval of the governor and council ; 
9 



14 of assessors as the governor and council may deem necessary; 



1891, 342. 
o 1 • ^ • , • , 1895. 175. 

Such supervisors 01 assessors, assistants and examiners as the com- isgs, 477: 

10 missioner may deem necessary, subject to the approval of the governor 1906, 137. 

11 and council, one income tax assessor for each district established by the r. l.'h, 52; 

12 commissioner for the assessment and collection of the income tax, and 1964,^99.' *^' 

13 such deputy income tax assessors, who may be members of local boards 322'''^^''' ^^' 

1907, 79; 
664, § 2. 



174 



DEPARTMENT OF CORPORATIONS AND TAXATION. [ChAP. 14. 



1908, 481; 
S50, § 1. 

1909, 371, 5§ 2 
10; 430; 490, 

in. §2. 

1910, 598, H; 
607, §2. 

1911, 478, 5 1, 

1912, 406, 
560, §1. 

1913, 706, 
792, § 1. 

1914, 546, § 1 
648, §1; 
770, § 12. 

1915, 238, 

1916, 269. 

1917, 159, 

1918, 46 

1919, 350, 
§§ 52, 53, 55. 

1920, 245, § S. 

1921, 48S, § 2. 

1922, 330. 

1927, 129. 

1928. 302. 
1931, 301, 5 62. 



1; 
§3; 



5 6. 
5 17. 
§2. 
103. 



A principal appraiser, at such salary as may be fixed by the commis- 15 
sioner, with the approval of the governor and council; 16 

Such assistants to the director of accounts as may from time to time 17 
be necessary to carry out sections forty-four to forty-seven, inclusive, 18 
of chapter thirty-five and sections thirty-five to forty-three, inclusive, 19 
of chapter forty-four. 20 

He may appoint two permanent clerks, and may appoint such assist- 21 
ants to the director of the income tax division, and such assistants and 22 
clerks to the income tax assessors, as the governor and council may deem 23 
necessary. 24 

He may appoint from time to time such appraisers as may be neces- 25 
sary to appraise property subject to the inheritance tax or to assist 26 
him in determining land values under section thirteen of chapter fifty- 27 
eight. _ _ 28 

He may appoint such additional officials, agents, clerks and other 29 
employees as the work of the department requires and may remove 30 
them. 31 



1887, 438, 


§2, 


1890. 306. 




1898,477; 




507. § 3. 




R. L. 14, 


§5; 


21, § 46. 




1908, 433, 


§1 


550, § 1. 




1909, 490, 


ni. 


§§ 2, 5. 




1910, 607, 


5 2. 



Section 5. The commissioner, his deputies, directors of divisions, 
assistants, appraisers, examiners and clerks, the supervisors of assessors, 
the assistants to the director of the income tax division, and the income 
tax assessors and their deputies, assistants and clerks shall be allowed 
such reasonable and necessary traveling and other expenses, subject to 
section twentj-five of chapter thirty, as are approved by the commis- 
sioner. 



1911,478, § 1. 

1912, 406, § 1. 

1914, 546, § 1; 648, § 1; 

770, § 12. 



1915. 238. § 6. 

1916, 173; 209, § 17. 
1918. 46, § 1; 103, § 1; 
257, § 32. 



1919, 5; 349, § 1; 
350, § 53. 

1920. 2. 
1922, 21. 



Duties of 
deputy 

commissioners. 
1900,261. 
R. L. 110. §1. 
1903, 437, § 3. 
1907, 564, § 2. 
1909, 490, 
III, §2. 
1913, 792, § 1. 



Section 6. The deputy commissioner and the second deputy com- 1 

missioner shall perform such duties as may be assigned to them by the 2 

commissioner. The deputy commissioner, or in case of a vacancy in 3 

his office or in his absence or disability the second deputy commissioner, 4 

shall, in case of a vacancy or in the absence or disability of the commis- 5 

sioner, perform the duties of the commissioner. 6 

1918, 103; 257, § 345. 1919, 5; 350, § 53. 1920, 2. 



Certain 
functions of 
directors of 
divisions. 
1887, 438, 5 
R. L. 21, §■; 
1909, 371, § 

1911, 59. 

1912, 660. 
1919, 3.50, 
55 52-54. 



Section 7. The commissioner shall assign to the several divisions in 
the department their appropriate functions. The directors of divisions 
shall, under the supervision and control of the commissioner, exercise 
the functions assigned to them, and shall also perform such other inci- 
dental duties as the commissioner may prescribe. The director of the 
division of accounts, who shall be known as the director of accounts, 
shall perform the duties required of the department by law in relation to 
the compilation of municipal statistics, the auditing of municipal accounts 
and the certification of notes of towns and districts. The commissioner 
may designate a competent employee in the division of accounts to 
perform the duties of the director of accounts in case of his absence, 11 
death or disability; and notes of towns and districts, when certified by 12 
such employee, shall have the same validity as if certified by the 13 
director. 1"* 



1 
2 
3 

4 
5 
6 

7 

8 

9 

10 



Chap. 14.] department of corporations and taxation. 175 

1 Section 8. The director of the income tax division, income ta.x Dutiosand 

2 assessors, and deputy income tax assessors shall have such duties and im"metax 

3 powers consistent with chapter sixty-two as the commissioner shall lyio^aeg, § u. 

4 prescribe. 

1919. 350, 5 54. 

1 Section 9. For the purposes of chapter sixty-two, the commissioner income tai 

2 shall divide the commonwealth into income tax districts, the limits of i9'i'o!'^269r§'i7. 

3 which he may change. An income tax assessor need not be a resident 

4 of his district, but in making appointments preference shall be given to 

5 residents of the district, so far as may be practicable. The commissioner 

6 may transfer any income tax assessor from one district to another, and 

7 may assign any such assessor to temporary or extraordinary service in 

8 any district. 



1 Section 10. The commissioner shall require the income tax assessors Bonds of 

2 to give bond with such sureties as may be approved by the governor and 

3 council. 

1916, 269, § 17. 1920, 546, i i. 



income tax 
asaesaors. 



176 



DEPARTMENT OF EDUCATION. 



[Chap. 15. 



CHAPTER 15. 

DEPARTMENT OF EDUCATION. 



2. 
3. 

4. 



5. 



Sect. 
1. Department of education. 
Commissioner of education. 
Advisory board. 

Certain duties of commissioner. 
Divisions in the department. E.x- 
ception. 
Directors and clerical assistants. 
6. Advisory council, etc., for university 
extension and correspondence 
courses. 
6A. State board for vocational education. 



DIVISION FOR THE TRAINING OP DISABLED 
SOLDIERS AND SAILORS. 

7. [Repealed.] 



DIVISION OF PUBLIC LIBRARIES. 

8. Division of public libraries. 

9. Board of free public library commis- 

sioners. 

10. Commissioners to serve without com- 

pensation. E.xpenses. 

11. Agents of the board. 



DIVISION OF IMMIGRATION AND AMERICANI- 
ZATION. 

12. Division of immigration and Ameri- 
canization. 



Sect. 

dn-ision of the blind. 

1.3. Division of the blind. 

14. [Repealed.] 

15. Agents, teachers, etc. 



16. 
17. 



18. 



TEACHERS RETIREMENT BOARD. 

Teachers' retirement board. 
Members to serve without com- 
pensation. Expenses. 
Clerical assistance. 



CERTAIN TRU.STEES AND COMMISSIONERS 
SERVING IN THE DEPARTMENT. 

19. Certain trustees, etc., serving in the 
department. 



20. 



MASS.iCHUSETTS STATE COLLEGE. 

Board of trustees. 



TEXTILE SCHOOLS. 

21. Boards of trustees. 

MASSACHUSETTS NAUTICAL SCHOOL. 

22. Commissioners of Massachusetts nau- 

tical school. 

23. Commissioners to serve without com- 

pensation. Expenses. 

LOWELL TEXTILE INSTITUTE. 

24. Board of trustees. 



Department of 
education. 
1837. 241. 5 1. 
G. S. 34, S 1. 
P. S. 41, § 1. 
R.L. 39, § 1. 
1909, 457, 
S§ 1, 6. 
1919, 3.50, 
55 56, 57. 



Section 1. There shall be a department of education, in this chapter 
called the department, which shall be under the supervision and control 
of a commissioner of education, in this chapter called the commissioner, 
and an advisory board of education of si.x members, in sections one to 
six, inclusive, called the board, of whom at least two shall be women and 
one shall be a school teacher of the commonwealth. 

1 Op. A. G. 233, 587. 



Commissioner 
of education. 

1837, 241, 
l§ 1,2. 

1838, 159, 5 2. 
1849, 215, § 2. 
1853, 49. 

G. S. 34, 
§§1,4, 8. 



Section 2. Upon the expiration of the term of office of a commis- 1 

sioner, his successor shall be appointed by the governor, with the advice 2 

and consent of the council, for five years. The commissioner shall receive 3 

such salary, not exceeding nine thousand dollars, as the governor and 4 

council may determine. 5 



1862, 212. 

1864, 99. 

1865, 246. 
1867, 276. 
1876, 110. 

P. S. 41, §§ 1, 4, 8. 
1885, 227. 



1894, 176. 
R. L. 39, §§ 1-3. 
1904, 234, 55 1, 3. 
1906, .WS, 5 1. 

1909, 4.57, §§ 1, 3, 6. 

1910, 2S2, 5 1. 

1911, 466, § 1. 



1912. SO, § 1. 

1913. 421, § 1. 

1918, 257. § 168. 

1919, 5; 350, §§ 57, 58. 

1920, 2. 

1921, 442. 



Chap. 15.] department of education. 177 

1 Section 3. The governor, with the advice and consent of the coun- ^J^ory 

2 oil, shall annually appoint two members of the hoard for three years jp^. '241, 51. 

3 each. The board shall meet at least once a month, and at such other g.'s.'m, 

4 times as it may determine by rule and when requested by the commis- rsiI?; 

5 sioner or by any three members. The members of the board shall serve HlHi 

6 without compensation, but shall be reimbursed for their actual neces- HqW^^^ 52. 

7 sary expenses incurred in the performance of their duties. 

1906, 503. 5 1. 1911, 46(5, § 1. 1918, 257. § 16S. 

1909 457 §§ 1, 6. 1912. 80. ? 1. 1919. 5; 350. §§ 57, 58. 

1910;2S2, §1; 491. 1913, 421, § 1. 1920,2. 

1 Section 4. The commissioner shall be the executive and adminis- Certain 

2 trative head of the department. He shall have charge of the adminis- oommisaioner. 

3 tration and enforcement of all laws, rules and regulations which it is S.e'depart-" 

4 the duty of the department to administer and enforce, and shall be chair- g^'pti^n 

5 man of the board. He shall organize in the department a division of J^°^,457, |3. 
(3 public libraries, a division of immigration and Americanization, a divi- igiiUeei^M. 

7 sion of the blind and such other divisions as he may determine. Each wis! 421, § i. 

8 division shall be in charge of a director and shall be under the general flm' ' 

9 supervision of the commissioner. Nothing in this chapter shall be con- §^',58,%.^™' 

10 strued as affecting the powers and duties of the trustees of the Massa- llfQ'Jis''^- 

1 1 chusetts state college as set forth in chapter seventy-five. issi, 144, 5 3. 

1 Section 5. Except as otherwise provided in this chapter, directors Directors and 

2 of divisions of the department shall be appointed and may be removed a|lstants. 

3 by the commissioner, with the approval of the board. The commissioner Itfs, .55J' 

4 shall fix the compensation of such directors, subject to the approval of }g'^; 1*4'. 22^' 

5 the governor and council. Except in the case of the teachers' retirement Gj fij**; 

6 board, the division of public libraries, the division of the blind and in- i|j2. 212. 

7 stitutions under the department, the commissioner may appoint such jgjl'246. 

8 agents, clerks and other assistants as the work of the department may isvV no] 

9 require, may assign them to divisions, transfer and remove them, but §58-10.' 

10 none of such employees shall have any direct or indirect pecuniary j|94;i76: 

11 interest in the publication or sale of any text or school book, or article }|^^;42|; 

12 of school supply used in the public schools of the commonwealth. For Jf°^'|^2- 

13 the compensation of such agents, clerks and other assistants as it may ||p3' l^^. 

14 employ, for conferences and conventions of teachers held under the woe. sos! 5 1. 

15 direction of the department, and for traveling and other necessary Ig^oi 282] § ?: 

16 expenses incurred by the members and subordinates, the department }9}2ja'§\^' 

17 may be allowed such sums as may annually be appropriated. i^i^, 421, § 1. 

1915. 294. §§ 1, 2, 7. 1918. 2.57. 5 168. 1920. 2, 

1917, 321, 5 1. 1919, 5; 350, § 60. 1931, 301, § 63. 

1 Section 6. The commissioner, with the approval of the board, may Advisory 

2 appoint and define the functions of a state advisory council and local for university 

3 advisory councils in connection with university extension and corre- correiTpondelice 

4 spondence courses, and, subject to section ten A of chapter eight, may Joi5^'"|94, 

5 rent suitable offices. §§2,4. 

1919. 350, §§ 56, 58. 1931, 426, § 134. 

1 Section 6A. The commissioner and the advisorv board of education state board for 

', , j, . I vocational 

2 are hereby constituted and designated as the state board tor vocational education. 

3 education to co-operate with the federal board for vocational education 

4 in the administration of the act of congress approved June second, nine- 



178 



DEPARTMENT OF EDUCATION. 



[Chap. 15. 



teen hundred and twenty, entitled "An Act to provide for the promo- 5 

tion of vocational rehabilitation of persons disabled in industry and 6 

otherwise and their return to ci\il employment" and to secure for the 7 

commonwealth the benefits thereof. For the purpose of carrying out 8 

the provisions of section twenty-two A of chapter se\-enty-four the said 9 

state board for vocational education shall be furnished with suitable 10 

quarters in the state house and may expend for salaries and other neces- 11 

sary expenses such amount as shall annually be appropriated therefor 12 

by the general court, together with any funds received by the state 13 

treasurer from the federal government under the provisions of said act. 14 

division for the training of disabled soldiers and sailors. 

Section 7. [Repealed, 1931, 426, § 1.] 1 

division of public libraries. 

°'biflib?Iri s Section 8. The division of public libraries shall consist of the board 1 

1919, 350. § 59. of free public library commissioners, the chairman of which shall be the 2 

director of said division. 3 



Board of free 
public library 
commissioners. 
1890, 347, 5 1. 
1897, 134. 
R. L. 38, § 11. 



Section 9. The board of free public library commissioners, in sec- 
tions nine to eleven, inclusive, called the library board, shall consist of 
five persons, residents of the commonwealth, one of whom shall annually 
be appointed by the governor, with the advice and consent of the coun- 
cil, for five years. The governor shall designate the chairman of the 
library board. 



Commissioners SECTION 10. No member of the library board shall receive any com- 1 
without com- pensation, but it may annually expend not more than the amount appro- 2 
priated for clerical assistance and for other necessary expenses. 3 

1890, 347, § 6. 1910, 396, § 2. 1918, 127. 

R. L. 38, § 12. 1914, 373, § 2. 



pensation. 
Expenses. 



boarT"^""^ Section 11. The library board, with the consent of the governor 1 

1913' ill' 1 1' ^""^ council, may appoint a general secretary and adviser for not ex- 2 

1914', 522I ' ceeding three years, whose salary shall be paid from the appropriation 3 

193I; 30L § 64. authorized by the preceding section. The library board, Mith the con- 4 

sent of the governor and council, may also appoint an agent for a term 5 

not exceeding five years and an agent or secretary who shall also direct 6 

work in libraries for the benefit of the alien population of the common- 7 

wealth. The library board, by a majority vote of its members, may 8 

remove from office any person appointed under this section. 9 



Divi-sion of 
immigration 
and Ameri- 
canization. 
1917, 321, § 

1919, 3.50, § 

1920, 72. 

1921, 449, § 
1927. 7. 



DIVISION OF IMMIGR.\TI0N AND AMERICANIZ.\TION. 

Section 12. The division of immigration and Americanization shall 1 

consist of a director and an advisory board of six persons. Upon the 2 

expiration of the term of office of a director of the division, his successor 3 

shall be appointed for five years by the governor, with the advice and 4 

consent of the council. Two members of the advisory board shall be 5 

appointed annually for three years each, by the governor, with like 6 

advice and consent. Said board shall meet quarterly and at such times 7 

as may be determined by the director; provided, that a special meeting 8 



ClL\P. 15.] DEPARTMENT OF EDUCATION. 179 

9 shall be called by the director on the written request of any three mem- 

10 bers. The director and members of said board shall receive no com- 

11 pensation for their services, but shall be reimbursed for their actual 

12 necessary expenses incurred in the performance of their duties. 

DIVISION OF THE BLIND. 

1 Section 13. The division of the blind shall consist of a director, at Division of the 

.,,..,. blind. 

2 such salary as the governor and council may determme, and an advisory looo, sss, 

3 board of five members who shall serve without compensation. Upon igig. 266, 

4 the expiration of the term of office of a director, or of a member of the 1919, Iso. §59. 

5 advisory board, his successor shall be appointed for five years by the i^^s, 286, § 1. 

6 governor, with the advice and consent of the council. Said director 

7 and members of the advisory board shall be reimbursed for expenses 

8 necessarily incurred in the performance of their duties. 

1 Section 14. [Repealed, 1925, 286, § 1.] 



hers, etc. 



1 Section 15. The director, with the advice of the advisory board, ^efchers 

2 shall appoint or employ such subordinate officers, agents, teachers and J^J^ ^|g; 1 1; 

3 clerks as may be necessary, and may remove them; but no person Jgai' 5oi' § is. 

4 appointed or employed by him shall be a member of the advisory board. 

teachers' RETIREMENT BOARD. 

1 Section 16. The teachers' retirement board shall consist of the com- Teachers' 

2 missioner of education, ex officio, a second member elected by the board. 

3 teachers' retirement association established under section seven of mb; 350,' §61. 

4 chapter thirty-two from among their number, in a manner approved by 

5 said board, and a third chosen by the other two. Upon the expiration 

6 of the term of office of an elected member or in case of a vacancy in said 

7 office, his successor shall be elected for three years as aforesaid. Upon the 

8 expiration of the term of office of a third member or in case of a vacancy 

9 in said office, his successor shall be chosen by the other two and shall 
10 serve for one year. 

1 Section 17. The members of the retirement board shall serve with- Members to 

2 out compensation, but they shall be reimbursed from the expense fund compe^nsatlon. 

3 of the retirement association for any expenditures or loss of salary or fgTs;"!!!; § 4. 

4 wages which they may incur through serving on said board. All claims ^^^^- ^^°' ^ ^i- 

5 for reimbursement on this account shall be subject to the approval of 

6 the governor and council. 

1 Section 18. The retirement board may employ a secretary, who clerical 

2 shall give bond, and also necessary clerical and other assistance. 

1913, 832, § 4. 1919, 350, § 61. 1920, 546, § 4. 1931, 301, § 66. 

CERTAIN TRUSTEES AND COMMISSIONERS SERVING IN THE DEPARTMENT. 

1 Section 19. The trustees of the Massachusetts state college, the Certain trus- 

lpps etc 

2 board of commissioners of the INIassachusetts nautical school, the trus- servinginthe 

3 tees of the Bradford Durfee textile school of Fall River, the trustees of ulig'sSorl'se. 

4 the Lowell textile institute and the trustees of the New Bedford texi;ile HHi Hi] | i; 

5 school shall serve in the department. 



180 



DEPARTMENT OF EDUCATION. 



[ClLU". 15. 



Board of 
trustees. 
1863,220, § 1. 
1864, 223, § 1. 
1871, 378, § 1. 
1884, Res. 50. 
1889, 45, § 1. 

1918, 262, § 2. 

1919, 350, § 62 
1931, 144, § 5. 



MASSACHUSETTS STATE COLLEGE. 

Section 20. There shall be a board of trustees of the Massachusetts 1 

state college, consisting of the governor, the commissioner of education, 2 

the commissioner of agriculture and the president of the college, ex officiis, 3 

and not more than fourteen appointive members. Upon the expiration 4 

of the term of office of any appointive member, his successor shall be 5 

appointed for seven years by the governor, with the advice and consent 6 

of the council. The appointive members shall serve without compen- 7 

sation, but their personal and inciflental expenses shall be paid as are 8 

those of trustees of other public institutions. 9 



Boards of 
trustees. 
1895, 475, 
§§ 1-3. 
1899, 299, 
§§ 1-3. 

1901, 175, § 1. 
R. L. 125, 
§§ 20-22. 

1918, 246, § 2; 
248, § 2. 

1919, 350, 
§§ 56, 62. 
1928. 135, 5 2. 
165 Mass. 419. 



TEXTILE SCHOOLS. 

Section 21. There shall be boards of trustees for the Bradford 1 

Durfee textile school of Fall River and for the New Bedford textile 2 

school, each consisting of fifteen appointive members and the_ commis- o 

sioner of education or a member of the advisory board of education desig- 4 

nated by him, as an ex officio member, and the mayor and superintendent 5 

of schools of Fall River and of New Bedford shall be additional members G 

ex officiis of said boards, respectively. Upon the expiration of the term 7 

of office of an appointive member, his successor shall be appointed for 8 

three years by the governor, with the advice and consent of the council. 9 



MASSACHUSETTS NAUTICAL SCHOOL. 

Commissioners Section 22. There shall be a board of commissioners of the Massa- 

OI iVlrtSSd." , . „ 

chusensjauti- chusctts uautical school serving in the department and consisting ot 
i89i! 40°2; u. three citizens of the commonwealth, one of whom shall annually before 
1913, 224. § i. July first be appointed by the governor, with the advice and consent of 
^^' ' ' ■ the council, for three years from said day. 



Commissioners Section 2.3. The Commissioners shall serve without compensation, 1 

out com- {j^,t gi;,aii bg reimbursed for expenses actually incurred in the periorm- Z 

pensation. ,. i • rr" • i i • Q 

E.tpenses. ance 01 their official duties. «* 

1891, 402, § 2. R. L. 45, § 2. 



Board of 

trustees. 
1895, 475, 
§§ 1-3. 
1899, 299, 
§§ 1-3. 
R. L. 12.5, 
§§ 20-22. 

1905, 216. 

1906, 275. 

1918, 274, 

1919. 3.50, 
5§ 56, 62. 



§2. 



LOWELL textile INSTITUTE. 

Section 24. There shall be a board of trustees for the Lowell tex- 
tile institute consisting of fifteen appointive members and the comniis- 
sioner of education or a member of the advisory board of education 
designated by him and the mayor of Lowell, as ex officiis members. 
Upon the expiration of the term of office of an appointive member, his 
successor shall be appointed for three years by the governor, with the 
advice and consent of the council. 

G. L. (ed. of 1920) 15, § 21. 1928, 135, § 3. 



Chap. 16.] 



DEP.'iJlTMENT OF PUBLIC WORKS. 



181 



CHAPTER 16. 

DEPARTMENT OF PUBLIC WORKS. 



Sect. 

1. (Repealed.) 

2. Department of public works, com- 

missioner and associate commis- 
sioners. 

3. [Repealed.] 



Sect. 

4. Commissioner. Powers and duties. 

Concurrence of associate commis- 
sioners, wlien required. 

5. Registrar of motor vehicles. 

6. Rules and regulations. 

7. Annual report. 



1 Section 1. [Repealed, 1927, 297, § 1.] 



1 Section 2. There shall be a department of pulilic works which shall 

2 be under the supervision and control of a commissioner of public works 

3 and two associate commissioners. Upon the expiration of the term of 

4 office of a commissioner or an associate commissioner, his successor 

5 shall be appointed for three years by the governor, with the advice and 

6 consent of the council. The commissioner shall receive such salary, 

7 not exceeding seventy-five hundred dollars, and the associate commis- 

8 sioners such salaries, not exceeding six thousand dollars, as the governor 

9 and council may determine. The commissioner and associate commis- 

10 sioners shall be allowed their actual traveling and other necessary 

11 expenses. 



Department of 
public works, 
commissioner 
and associate 
commissionera. 
1866, 149, § 1. 
1S77, 213. 
§8 1-3. 

1879, 263, § 1. 
1881, 287, § 1. 
P. S. 19. § 1. 
1893, 298; 
476, § 1. 
1898, 528; 
1900, 474, 
«1, ^ 
R. L. 47, 
96, § 1. 
1906, 433, § 1. 



572. 



§1; 



1911, 748, § 1. 
1914, 712, § 1. 



1916, 288, §§ 1, 2. 

1917, 344, I, § 1, VIII, § 1. 



1919, 350, §§ 111, 112. 
1927. 297, § 2. 



1 Section 3. [Repealed, 1927, 297, § 1.] 



1 Section 4. The commissioner shall be the executive and adminis- 

2 trative head of the department. He shall approve all contracts made 

3 by the department, and may require any of the expenditures of the 

4 department to be submitted to him for approval. Except as otherwise 

5 expressly provided, the concurrence of at least a majority of the com- 

6 missioner and associate commissioners shall be necessary in every official 

7 act of the department. The commissioner may appoint and remove 

8 such officials and employees as the work of the department may require. 

9 Pie may from time to time assign to such officials and employees such 

10 duties as the work of the department may require, except where especially 

1 1 assigned by law. 



Commissioner. 
Powers and 
duties. 
Concurrence 
of associate 
commissioners, 
when required. 
1866, 149, § 2. 
1879, 26.3, § 2. 
1881, 287, I 2. 
P. S. 19, § 2. 
1893, 476, § 1. 
1 S9S, 52^. 
1900, 474, § 1. 
R. L. 47, § 1; 
96. § 2. 
1911, 74.S, 5 2. 
1916, 288, § 3. 



1917, 344, I, 
§ 1, VIII, § 1. 



1919, 3.50, § 114. 
1927, 297, § 3. 



1931, 301, 5 67. 
4 Op. A. G. 619. 



1 Section 5. The commissioner shall appoint and may remove, sub- Registrar of 

2 ject to the approval of the governor and council, an official to be known i'9i9"V5o,"^^ 

3 as the registrar of motor vehicles, and may, with like approval, fix his ^ '^^' 

4 compensation. 



182 



DEPARTMENT OF PUBLIC WORKS. 



[Chap. 16. 



Rules and 




regulations. 


1876, 


122, 


8 1. 


PS. 


53, § 


! 2S. 


R. L. 


52, 


§26. 


1906. 


353, 




§8 1, 


2. 




1909, 


534, 




§5 27 


, 31. 




1917, 


344, 


V, 


§33, 


VIII 


, §1. 


1919, 


350, 




§ 116 






1922, 


■534, 


5 2. 


1927, 


297, 


§4. 


Annual report. 


1866, 


149, 


8 8. 


1879, 


263, 


§3. 


1893, 


476. 




l§3. 


5. 




P. S. 


19, § 


2. 


R. L. 


47, ' 


§3; 


96, § 2. 




1911, 


748, 


513. 


1916, 


288, 


8 4. 


1917, 


344, 


I, 


§ 3, VIII, 


§1. 


1919, 


350, 




§§s. 


111, 


113. 


1931, 


394, 


§5. 



Section 6. Except as otherwise provided by sections thirty-one and 1 

fifty-eight of chapter ninety and section sixty of chapter one hundred and 2 

forty, all rules and regulations within the jurisdiction of the department 3 

shall be drafted by the commissioner and associate commissioners and 4 

shall take effect when approved by them, and at such time as they shall 5 

designate. Said commissioner and associate commissioners shall also 6 

have power to make all needful rules and regulations for carrying out the 7 

provisions of law relating to the department. 8 

4 Op. A. G. 592. 

Section 7. The commissioner shall make an annual report contain- 1 

ing, in addition to other matters required by law the following: 2 

A list of the expenditures in relation to highways, with such statements .3 

relative to the construction and maintenance of public ways and such 4 

recommendations as to the general policy of the commonwealth relative 5 

thereto as the department considers appropriate. G 

He shall also make an annual report containing, in addition to other 7 

matters required by law, a statement of the acts of the department in 8 

relation to waterways and public lands. 9 



Cu.U'. 17.] 



DEPARTMENT OF PUBLIC HEALTH. 



183 



CHAPTER 17. 

DEPARTMENT OF PUBLIC HEALTH. 



Sect. 

1. Department of public health. 

2. Commissioner. 

3. Public healtii council. 

4. Directors of divisions. 

5. Deputy commissioner. 



Sect. 

6. Assistant directors and other employees. 

7. District healtli officers. 

S. Institutions under division of sanatoria. 
9. Employees of the division of sanatoria. 
10. [Repealed.] 



1 Section 1. There shall be a department of public health, consist- Department of 

. . p 1 1. 1 1 T 1 !• I I I •! puhhe health. 

2 ing of a commissioner or public health and a public health council. isog, 420, § 1. 

1879, 291, § 2. R. L. 75. § 1. 1919. 350, §5 96. 97. 



P. S. 79. § 1. 
1886, 101, § 1. 



1907, 474, 
1914, 792, 



15. 



136 Mass. 578. 

4 Op. A. G. 298, 403. 



1 Section 2. The commissioner shall be a physician skilled in sani- po°'!;'".'?,?!°?®r 

2 tary science and experienced in public health administration. Upon isse,' loi.' § 3- 

3 the expiration of the term of office of a commissioner, his successor isss, 375. 

4 shall be appointed by the governor, with the advice and consent of 1897,510, §2. 

The commissioner shall receive a salary of {^gg Jfj^ ^■ 

He shall be the executive and adminis- jjT'?^*' *^*' 



5 the council, for five years. 

6 seventy-five hundred dollars. 

7 trative head of the department. 

1919. 350, § 96. 



4 Op. A. G. 298, 403. 



1914, 792, 
§5 2, 8. 



1 Section 3. The public health council shall consist of the commis- PuWic health 

2 sioner, ex officio, and six appointive members, at least three of whom i.s69, 420, 

3 shall be physicians. Upon the expiration of the term of office of an 1879, 291, 

4 appointive member, his successor shall be appointed by the governor, ^1:79, 

5 with the advice and consent of the council, for three years. The council ^^^^ ^j^j 

6 shall meet at least once a month, and at such other times as it shall |§ !• 2. 

7 determine by its rules, or when requested by the commissioner or any §§ 1-3. ' 

8 four members. The appointive members shall receive ten dollars a §§3,'8. 

9 (lay while in conference, and their necessary traveling expenses while in 4 0p'. A.G.403! 
10 the performance of their official duties. 



1, 15. 
1914, 792, 
§§2,4. 
1919, 350, 5 98. 



1 Section 4. There shall be in the department a division of sanatoria Directors 

2 and such other divisions as the commissioner may, with the approval i907!'474?'' 

3 of the public health council, from time to time determine. The com- 

4 missioner may, subject to the approval of the governor and council, 

5 appoint and remove a director of the division of sanatoria, and, subject 

6 to the approval of the public health council, shall appoint and may 

7 remove a director to take charge of every other division, and shall pre- 

8 scribe the duties of such other divisions. The compensation of directors 

9 of all divisions shall be fixed by the commissioner, subject to the ap- 
10 proval of the governor and council. 



1 Section 5. The commissioner may, with the approval of the public Deputy 

2 health council, designate a director of a division as a deputy commis- igigTslo? §"^97. 

3 sioner, who shall perform the duties of the commissioner during his 

4 absence or disability and such other duties as may be prescribed by the 

5 commissioner. 



184 



[Chaps. 17, 18. 



Assistant 
directors 
and other 
ernployeea. 
1886, 274, 
§51,2. 
1888, 375, 
§§1,2. 



Section 6. The commissioner may, with the approval of the pubhc 1 

health council, appoint and remove assistant directors of divisions and 2 

epidemiologists, who shall be exempt from chapter thirty-one, inspec- 3 

tors and other necessary employees. 4 



1897, 510, § 2. 
R. L. 75, I 116. 
1907, 537, § 8. 



1912, 652, § 3. 
1914, 792, § 2. 



1919, 28: 350, § 97. 
1931, 301, § 68. 



District 

health ofEccrg. 

1907,537, 

§§2,4,6. 

1910, 523, 

§§2,3. 

1914, 792, 

§§2,5. 

1920, 435. 

1931, 301, § 69. 



Section 7. The commissioner, with the approval of the public health 1 

council, shall appoint and may remove a district health officer, who 2 

shall be exempt from chapter thirty-one, for each health district pro- 3 

vided in section four of chapter one hundred and eleven. Such officers 4 

shall be graduates of incorporated medical schools, admitted to practice 5 

in the commonwealth, or shall have had at least five years' experience 6 

in public health duties and sanitary science, and shall give their entire 7 

time to the performance of their duties. 8 



Institutions 
under divi- 
sion of 
sanatoria. 



Section 8. The division of sanatoria shall include the state sana- 1 
toria at Rutland, North Reading, Lakeville and Westfield. 2 

1907, 474, §§ 1, 15. 1910, 198, § 1; 491. 1919, 350, §§ 96, 98. 1924, 477, § 2. 



Employees 
of the division 
of sanatoria. 
1832, 163, § 1. 
1834, 150, § 1. 
R. S. 48, § 3. 
G. S. 73, § 4. 
P. S, 87, § 7. 
1895, 503, 
§§5, 8. 

R. L. 87, § 27; 
88, §§4, 6. 



Section 9. In addition to the persons employed under section six, 1 

the commissioner, with the approval of the public health council, may 2 

appoint a treasurer for each sanatorium, who shall give bond for the 3 

faithful performance of his duties, and physicians, assistants and em- 4 

ployees necessary for the proper administration of the affairs of the 5 

institutions under the charge of the division and may incur all expenses 6 

necessary for the maintenance of the institutions. 7 

6,9,15. 1913,762,51. ' 1931, 301, § 70. 



1907. 474, 
1910, 491. 



1913, 762, 5 1. 
1919, 350, § 96. 



Section 10. [Repealed, 1925, 348, § 5.] 

[See G. L. 13, §§ 36-38.] 



CHAPTER 18. 

DEPARTMENT OF PUBLIC WELFARE 



Sect. 

1. Department of public welfare. 

2. Organization. Commissioner. 

3. Advisory board. 

4. Clerical and other as.sistants. 
6. Divisions in the department. 

6. Expenses of trustees of institutions. 



DIVISION OF AID AND RELIEF. 

7. Director. 

8. Trustees of state infirmary. 



Sect. 

division of child gu.trdianship. 
9. Director. 

10. Massachusetts hospital school. 

DIVISION OF JUVENILE TRAINING. 

11. Director. 

12. Board of trustees. 
13 Appointment. 

14. Secretar}'. Temporary secretary. 

15. Secretary to be the executive officer, 

etc. 

16. Clerical assistance. 



Section 1. There shall be a department of public welfare, in this 1 

2 



Department of 
public welfare. 

1879' ^9i' I ■'■ chapter called the department 

' "' p. S. 79. § 1. 

ISSd, 101, § 4. 
1898, 433, § 24. 



R. I.. 84, § 1. 

1911, 607. 
1915, 129. 



1919, 3.50, § 87. 
136 Mass. 578. 



Chap. IS.] department of public welfare. 185 

1 Section 2. The department shall be under the supervision and con- orKunization. 

2 trol of a commissioner of public welfare, who shall be its executive and i!"i''","3l()',"°" 

3 administrative head, and an advisory board consisting of the commis- i93o!'374', § i. 

4 sioner, ex officio, and six appointive members, of whom two shall be 

5 women. The commissioner shall receive such salary, not exceeding 
(J seven thousand dollars, as the governor and council determine. Upon 

7 the expiration of his term of office, his successor shall be appointed for 

8 five years by the governor, with the advice and consent of the council. 

1 Section 3. Two members of the advisory board shall annually be Advisory board. 

2 appointed by the governor, with the advice and consent of the council, §'§ l.T. ' 

3 for three years each. The members shall receive no compensation, but §§^,'7'''' 

4 shall be reimbursed for their actual necessary expenses incurred in the ^^ f; ™' 

5 performance of their official duties. 

R. L. 84. §§ 1, 3. 1913. 535, § 2. 1919, .350, §§ 8S, 90. 

1911, 607. 191.5. 129. 

1 Section 4. Except as otherwise provided, the commissioner of pub- clerical and 

2 lie welfare may appoint such officials, agents, clerks and other employees i87a m u.^ 

3 as the work of the department may require, designate their duties, r ^'to.'sI.'^' 

4 except so far as they are otherwise defined by law, assign them to di- nJig' f.so S'^m 

5 visions, transfer and remove them. The appointments in the divisions lasi.soi, §7i. 

6 of aid and relief and of child guardianship shall be made with the advice 

7 of the directors thereof. 

1 Section 5. The commissioner shall organize in the department a Divisions in 

2 division of aid and relief, a division of child guardianship, and a divi- mcnt. 

3 sion of juvenile training, each in charge of a director. 

1919, 350, §§ 89, 91. 

1 Section 6. The members of the boards of trustees of the state insti- Expenses of 

2 tutions under the supervision of the department shall receive no compen- institutions. 

3 sation for their services, but their traveling and other necessary expenses p. s.'79, \ 3. 

4 shall be allowed and paid. ^' ^- **• ^ ^■ 

1904, 440, i 7. 1908, 639, § 2. 

DIVISION OF AID AND RELIEF. 

1 Section 7. The commissioner, with the approval of the governor and °os"'5°98 

2 council, shall appoint, fix the compensation of, and may with like approval 'O'^. 350, 

3 remove, the director of the division of aid and relief, who shall, under the 

4 supervision and control of the commissioner, perform the duties required 

5 of him b\' law relative to the state adult poor. 

1 Section 8. There shall be a board of trustees of the state infirmary Trustees of 

2 serving in the division and consisting of five men and two women, three 1852; 275. s c. ' 

3 of whom shall annually in June be appointed by the go\ernor, with the Ism! 177,' § 3.' 

4 advice and consent of the council, for three years each, except that in the ^87^; Ig'i.S^I. 

5 year nineteen hundred and twenty-one and every third year thereafter fgj^.lgvfjl. 

6 only one such trustee shall be so appointed. i^oo, 333. 

R. L. 85, § 1. 1911, 104. 1919, 199; 350, §§ 87, 91. 

DIVISION OF CHILD GUARDIANSHIP. 

1 Section 9. The commissioner, with the approval of the governor and uios^'sgg. 

2 council, shall appoint, fix the compensation of, and may with like approval i^'|' ^so. 



186 



DEPARTMENT OF PUBLIC WELFARE. 



[Ch.\p. 18. 



remove, a director of the division of child guardianship, who shall, under .3 
the supervision and control of the commissioner, perform the duties 4 
required of him by law relative to children. 5 



Massachusetts 

hospital 

school. 

1904. 446, § 1. 

1907, 226, § I. 

1919, 350, 

§§87, 91. 



Section 10. There shall be a board of trustees, to be known as the 1 

board of trustees of the Massachusetts hospital school, serving in the 2 

division and consisting of five persons. The governor, with the advice 3 

and consent of the council, shall annually appoint a member of the board, 4 

who shall serve for five years beginning on the first Monday in December 5 

in the year of his appointment, and until his successor is cjualified. 6 



Director. 
1919, 350, § 92. 



DIVI.SION OF JUVENILE TRAINING. 



Section 11. The director of the division of juvenile training shall be 1 

a member of the board of trustees of the Massachusetts training schools 2 

designated by the governor. He shall receive no compensation as such, 3 

and his term of office shall be that of his appointment as such trustee. 4 



frustera' SECTION 12. The board of trustees of the Massachusetts training 1 

1855' 44' 1 1' schools shall consist of nine persons, two of whom shall be women, and 2 

G..s.'75, §1; shall constitute the division of juvenile training. No person employed 3 

1868, i53, § 1. by the board for compensation shall be a member thereof. 4 



1873, 166. 
1877, 195, § 1. 
1879, 291. § 8. 
P. S. 89, § 1. 



1895, 428. § 2. 
R. L. 86, § 1. 
1908, 639, § 1. 



1911, 566, § 1. 
1919, 350, 55 87, 91. 
136 Mass. 581. 



Appointment. 
1847, 165, § 14. 



Section 13. The governor, with the advice and consent of the coun- 
1855! 442,' § 24! cil, shall in June of each year appoint two members, except that in nine- 

G. S. 75, § 1 ; ' .'if > I 

76, 51. 

1868, 153, § 1. 

1873, 166. 

1877, 195, § 1. 

1879, 291, § 8. 



teen hundred and twenty-one and every fifth year thereafter one only 
shall be apjjointed. The members shall hold office for five years from 
July first following their appointment. 

p. S. 89, § 1. R. L. 86. § 1. 1908. 639, § 1. 1911, 566, § 1. 



Tempomry SECTION 14. Tlic trustccs shall appoint, and may remove, a secretary 1 

mT'swi " "°* ^ member of the board. They may appoint a temporary secretary, 2 

i93i! 3oi! § 72. who may be a member of the board, who shall perform the duties of the 3 

secretary in his absence. 4 

brthe"xex°u- SECTION 15. The Secretary shall be the executive officer of the trus- 1 

tive officer, tees. He shall be paid the necessary expenses incurred in the perform- 2 

1911, 566, § 2. ance of his duties. 3 



Clerical 
assistance. 
1911, 566, § ; 



Section 16. The trustees may expend such sums for clerical assist- 
ance and office expenses as may be appropriated by the general court. 



Chap. 19.1 



DEPARTMENT OF MENTAL DISEASES. 



187 



CHAPTER 19. 

DEPARTMENT OF MENTAL DISEASES. 



Sect. 

1. Department of mental diseases. 

2. Commissioner. 

3. Associate commissioners. 

4. Certain duties of commissioner. As- 

sistant commissioner, etc. 



Sect. 
4A. Division of mental hygiene. 

5. Public institutions in the department. 

6. Boards of trustees of public institu- 

tions. 



1 Section 1. There shall be a department of mental diseases, con- Department 

2 sisting of the commissioner of mental diseases and four associate com- diseases"'' 

3 missioners. The commissioner and at least two associate commissioners ^^l\ lyf'sV' 

4 shall be physicians and experts in the care and treatment of the insane. 55°!' ^07' 

1914, 762, §§ 1,9. 1916, 285, §§ 1,2. 1919, 350, § 79. 

1 Section 2. Upon the expiration of the term of office of a commis- commisaioner. 

2 sioner, his successor shall be appointed for five years by the governor, I'u^.'o'^^' 

3 with the advice and consent of the council. The commissioner shall 1909, Iw?^''^" 

4 receive such salary, not exceeding ten thousand dollars, as the governor ||j2' 7^2°^- 

5 and council determine, and shall be reimbursed for expenses necessarily |1',' 201;' 

6 incurred in the performance of his duties. §§ 1,2. 

1919, 350, § 79. 1921,443. 1930, 376, § 1. 

1 Section 3. Upon the expiration of the term of office of an associate Associate 

2 1 • lllL *j_lj?j* ij.1 commissioners. 

commissioner, his successor shall be appointed tor tour years by the i898, 433, § i. 

3 governor, with the advice and consent of the council. The associate 1909, 504, ^' 

4 commissioners shall serve without compensation, but shall be reimbursed fJil; 752, 

5 for expenses necessarily incurred in the performance of their duties. ^^ '■ ^■ 

1916, 285, §§ 1, 2. 1919, 350, § 79. 



1 Section 4. The commissioner shall be the executive and administra- Certain duties 

2 tive head of the department and may organize therein such divisions as mis^OTer. 

3 he may determine. He may, with the approval of the governor and ni1Soner,''et'or 

4 council, appoint and fix the compensation of an assistant commissioner, Isg^'y^'- 

5 who shall discharge the duties of the commissioner during his absence or fo/i;^ii|^^'^- 

6 di.sability and perform such other duties as the commissioner may pre- 6V2,'3. 

7 scribe, except that the commissioner, with like approval, may designate §§2,3. ' 

8 another person or persons in the department to perform, during such \^°!i'4°ib7. 

9 absence or disability, such specific duties as the commissioner may §'§Y;|f9; 

The commissioner shall st'f'l*^' 

11 appoint and may remo\e such agents and subordinate officers as the l^l^'}h 

12 department may deem necessary. Physicians, pathologists and psychi- 

13 atrists shall be exempt from chapter thirty-one. 



10 prescribe, and may revoke such designation. 



1 Section 4A. There shall be in the department a division of mental ^j.ntl'fhygiene. 

2 hygiene, under the supervision of a director. The commissioner, with 1922, 519, § 1. 

3 the approval of the governor and council, may employ such expert 

4 assistance to serve in said division as may be necessary. 



1 Section 5. The boards of trustees of the following public institu- PuWicinsti- 

2 tions shall serve in the department: Belchertown state school, Boston department. 



188 



[Chaps. 19, 20. 



1862, 223, i 1. 
1877, 252. § 1. 
P. S. 87, § 2. 
1884, 322, § 1. 
1892, 425, § 1. 
1895, 483, § 1. 
1900, 451, § 5. 
R. L. 87. 
§§ 13, 16. 
1905, 400. 



psychopathic hospital, Boston state hospital, Danvers state hospital, 
Foxborough state hospital, Gardner state colony, Grafton state hospi- 
tal, Walter E. Fernald state school, Medfield state hospital. Metropoli- 
tan state hospital, Monson state hospital, Northampton state hospital, 
Taunton state hospital, Westborough state hospital, Worcester state 
hospital and Wrentham state school. 

1919, 350, § 81. 1925. 293, 5 1. 

1920, .537. 1930, 403. § 2. 
1922, 410, § 2. 

[Note: — Provisions relative to board of trustees of the Metropolitan state 
hospital effective upon qualification of trustees to be appointed in January, 1933; see 
1930, 403, §§ 5-7.] 



1906, 313; 508. 

1907, 421. 

1908, 613, § 2. 



1909, 504, §5 14, 107. 

1914, 3.58; 442, §§ 1-3. 

1915, 79, §§ 1-3. 



Boards of 

trustees of 
public in- 
stitutions. 
1832, 163, 
l§ 1, 8. 

1834, 150, 
§§ 1.4. 

1835. 4. 
R. S. 48. 
§§ 1, 2, 17. 
1851, Res. 44. 
1853, 318, § 1. 
1856, 247. 

§5 1,3. 

1859, 177, 5 3. 
G. S. 73, 
§§ 1,3. 

1877, 252, § 1. 

1878, 126, § 2. 

1879, 291, 5 7. 
P.S. 79. §3; 87, 
§§4, 6. 55, 56. 

1883, 239, § 1. 

1884, 149; 322, 
§§ 3, 5. 



Section 6. The board of trustees for each of the institutions men- 1 
tioned in the preceding section, except the Walter E. Fernald state 2 
school, shall consist of seven members; provided, that at least two of 3 
such members shall be women. One member of each board, except as 4 
aforesaid, shall annually in January be appointed for seven years from 5 
the first Wednesday of the following February by the governor, with 6 
the advice and consent of the council. The board of trustees of the 7 
Walter E. Fernald state school shall consist of six members on the part 8 
of the commonwealth, one of whom shall annually Oe appointed for six 9 
years by the governor, with the advice and consent of the council, and 10 
of six members to be elected by the school, subject to the approval of 11 
the governor and council. All the above trustees shall serve without 12 
compensation, but shall be reimbursed for all expenses incurred in the 13 
performance of tlieir duties. 14 



1889,414, 5§ 1, 


15. 


1892, 425, §§ 1, 


4. 


1893, 2.56. 




189.5,483, 55 2, 


7. 


1900,451, §5 4, 


6. 


R. L. 87, 55 14 


18-22, 


26, 113, 114. 





1902. 542. 

1906, 508, §5 1, 2. 

1908. 613. § 2. 

1909. !)04, 5§ 15, 17, 
59. 60. 107. 

1914, 358. 

1915, 79. § 4. 

[Note: — See note to § 5,1 



1918, Sp. 119. 

1919, 350, 5 81. 

1920, 537, § 2. 

1921, 449. § 2. 

1922, 410. § 3. 
1925, 293, § 2. 
1931, 426, § 52. 



CHAPTER 20. 

DEPARTMENT OF AGRICULTURE. 



Sect. 

1. Department of agriculture. 

2. Commissioner and members of advi- 

sory board. 

3. Certain powers and duties of the de- 

partment. 



Sect. 

4. Organization. 

employees. 

5. Expenses. 



Directors and other 



Department SECTION 1. There sliall be a department of agriculture under the 1 

ofaHnculture. "^ . . .' . i i • i i i! r> 

1832, 142 § 1. supervision and control oi a commissioner, and an atl\isory board or Z 

1866, 263, § 3. six meiiibers the principal vocation of at least three of whom shall be 3 

p. S. 20, § 1. . , *^ ^ , 

1894, 144. agriculture. '* 

R. L, 89, 5 1. 1916,49,5 1. 1919,3,50,55 34,35. 

1902.116.5 4. 1918, 268, §5 I, 2. 1 Op. .X. G. 406. 



Commissioner SECTION 2. Upou thc cxpiratiou of the term of office of a comniis- 1 

ana members ^ (.ii* i ii* iiii r* 

of advisory sioncr or a member of the advisory board, his successor shall be ap- 2 

board. " * 



ClL\P. 20.] DEPARTMENT OF AGRICULTURE. 189 

3 pointed by the cjovernor, with the advice and consent of the council, for \ff'^*^- 

4 three years. The commissioner shall receive such salary, not exceeding a. s. I'e. ' 

5 six thousand dollars, as the governor and council may determine. Each p. s72b, 

6 member of the advisory board shall receive ten dollars a day while in con- is94T^i44. 

7 ference and his actual traveling expenses incurred in the performance of J|*^f; ||*- 

8 his official duties. » i-s. ' 

11102, no. §4- 1916,49,5 1- 1919, 3.50, §§ 35. 36. 

1915, 114. 5 1. 1918. 268. §§ 2, 3 1925, 287. 

1 Section .3. The commissioner shall be the executive and adminis- Certain powers 

2 trative head of the department, and shall have charge of the adminis- thoti'eparTment. 

3 tration and enforcement of all laws which it is the duty of the depart- Q^i' J^/a*; 

4 ment to administer and enforce, and shall direct all inspections and J,^''|•|f3^|3■ 
5 investigations. The advisory board shall exercise advisory powers only, fg,8 f^^^' 
6 and shall meet when requested by the commissioner or by any three H 3,'4 ' 

1919, 350. a 36. 

/ members. 4 0p.A. g. 175. 

1 Section 4. The commissioner shall organize the department in organization 

2 divisions, including a division of dairying and animal husbandry, a other em- 

3 division of plant pest control, a division of ornithology, a division of isSt^'Res. 72. 

4 markets, a division of reclamation, soil survey and fairs, and such other q?"!; jgf' ^ ^• 

5 divisions as he may from time to time determine, and shall assign to f|e*^ ^^64 

6 said divisions their functions. The commissioner may appoint and J*|j||*- 

7 remove a director of each division to have charge of the work of the i»n, 235. 

8 division. The compensation of directors shall be fixed by the com- p s.'2o, ' 

9 missioner, with the approval of the governor and council. The com- i8S7'.245. 

10 missioner may also appoint an inspector of apiaries and such other in- l?2.''§§°7,'ii; 

11 specters, investigators, scientific experts, clerks and other officers and iggg^lo. 

12 assistants as the work of the department may require, and may assign [sss. |59- 

13 them to divisions, transfer and remove them. 1901! 335. 

R. L. 89, §§ 4, 5. 9, 11. 1910, 6.53, 5 1. 1915, 2.50. § 1. 

1902. 495. §§ 1, 6. 1911, 186, § 1; 220, § 1: 1910, 45; 46. 

1905,165. Res. 103. 1917, 75; 286. § 1. 

1907. 321, § 1; 401, § 1. 1912. 500; 507, §§ 1, 14, 16. 1919, 350, § 37. 

1908. 245, ^ 1. 3. 1914, 424. 1931, 301, § 74. 

1909. 444, §§ 1, 15, 17. 

1 Section .5. The department may expend for the traveling ex- Expenses. 

2 penses of its members and employees incurred in the performance of o.^'s.' i6, § 3. ' 

3 their official duties and for other necessary expenses of the department p s.'-' 

4 such sums as may be annually appropriated. 

1884, 66. 1908, 245. § 3; 416. 1914, 424, § 1. 

1891,412, §§6, 8. 1909, 444, §§ 15, 17. 1915, 250, § 1. 

1892, 139. 1910, 6.53. § 1. 1916, 45; 46. 

1895, 214. 1911, 186, § 1; 220, § 1; 1917. 75; 286. 

R. L. 89. §§3-5, 11, 12. Res. 103. 1918. 268. § 3. 

1902, 495, § 6. 1912, 500, § 1; 507, §§ 14, 16, 1919, 350, § 34. 

1905, 155. 1913, Res. 96. 2 Op. A. G. 118. 



. 20, 
i3, 4. 



190 



DEPARTMENT OF CONSERVATION. 



[Chap. 21. 



CHAPTER 21 . 

DEPARTMENT OF CONSERVATION. 



Sect. 

1. Department of conservation. 

2. Commissioner. 

3. Duties of commissioner. 
3A. Same subject. 

SB. State Reservation Trust Fund. 

DIVISION OF FORESTRY. 

4. Director of division of forestry. 
6. Experts, clerical assistants, etc. 

DIVISION OF FISHERIES AND GAME. 

6. Director of diwsion of fisheries and 
game. 



Sect. 

7. Experts, fisli and game wardens, and 

other assistants. 

8. State inspector of fish and deputies. 
8A. State supervisor of marine fisheries. 

DIVISION OP ANIMAL INDU.STRY. 

9. Director of animal industry. 

10. Experts, clerical assistants, etc. 

DIVISION OF PARKS. 

11. Director of division of parks. 

12. Experts, clerical assistants, etc. 

Traveling expenses. 



Department of 
conservation. 
1860, 192, § 1; 
221, § 1. 
1862, 28. § 1. 
1866, 238. § 1. 
1869, 384, § 2. 
1872, 302. 
P. S. 90, § 12; 
91, §2. 
18S5, 378. 



Section 1. There shall be a department of conservation, consisting 1 

of a division of forestry, a division of fisheries and game, a division of 2 

animal industry and a division of parks, each under the charge of a 3 

director. The department shall be under the super\'ision and control 4 

of a commissioner of conservation. The directors shall act as an ad- 5 

visory council to the commissioner. 6 

720, § 1. 



1886, 276, § 7. 

1894, 491, § 36. 

1895, 56. 
1899, 408, § 1. 

R. L. 90, § 1;91, §2. 
1902, 116, §§ 1-3. 



1904, 409, § 1. 

1905, 381, § 2. 
1907, 473, § 1. 
1909, 263, §5 1.2. 
1912,608, §§1-3. 



1914. 490, § 1; 
1917, 63. 
1919, 350, §§39-41. 
1931, 391, § 1. 
261 Mass. 510. 



Commissioner. 
1919, 350, § 41. 
1923,369, § 1. 



Section 2. Upon the expiration of the term of office of a commis- 1 

sioner, his successor shall be appointed for three years by the governor, 2 

with the advice and consent of the council. The commissioner shall 3 

receive such salary, not exceeding six thousand dollars, as the governor 4 

and council determine. 5 



Duties of 
commissioner 



Op. A. G. (1920) 
233 



Section 3. The commissioner shall be the executive and adminis- 
mgrmT^. trative head of the department. He shall be designated by the go\'ernor 
as a director of one of the divisions, but shall receive no salary as such 
director. He shall supervise the work of the divisions, and shall have 
charge of the administration and enforcement of all laws which it is 
the duty of the department to administer and enforce, and shall direct 
all inspections and investigations. 



Same subject. 
1931, 442, § 1. 



Section 3 A. The commissioner shall have the same powers of 1 

management and control relative to all open spaces for exercise and 2 

recreation or reservations acquired by the department outside the met- 3 

ropolitan parks district as are conferred by law upon the metropolitan 4 

district commission relative to reservations under its control. 5 



State Reser- 
vation Trust 
Fund. 
1931,442, 5 1. 



Section 3B. The state treasurer may, with the approval of the I 

governor and council, receive and hold in trust for the commonwealth, 2 

exempt from taxation, any grant or devise of lands or rights in land, and 3 

any gift or bequest of money or other personal property, made for the 4 

purposes of establishing and maintaining reservations outside the met- 5 



Chap. 21.] department of conservation. 191 

6 ropolitan parks rlistrict, and shall preserve and invest the proceeds thereof 

7 in notes or bonds secured by good and sufficient mortgage or other se- 

8 curities. Said trust property shall be known as the State Reservation 

9 Trust Fund, and shall be used and expended under the direction of the 

10 commissioner and subject to his orders. Subject to the terms of any 

11 such grant, gift, devise or bequest, the commissioner may expend such 

12 funds, whether principal or income. 

DIVISION OF FORESTRY. 

1 Section 4. Upon the expiration of the term of office of a director of JitTsiraof 

2 the division of forestry, his successor shall, except as provided by the 'j°'o''f "^jg 5 j 

3 preceding section, be appointed for three years by the governor, with the inos! ssi! 5 2. 

4 advice and consent of the council. The director shall be known as the 1909! 263! 

5 state forester. He shall be qualified by training and experience to per- 1914,720, 51. 
G form the duties of his office, and shall, except as provided by the pre- Jgjgiasb, 542. 

7 ceding section, receive such salary, not exceeding five thousand dollars, 

8 as the governor and council determine. 

1 Section 5. Tlie director mav, subject to the approval of the com- Experts, cicrf- 

, ' ^ 111 cal assistants, 

2 missioner, appomt and remove a state fare warden and such experts, etc. 

3 clerical and other assistants as the work of the division may require. 190.5! 3.S1', § 3. 

4 The director shall be allowed necessary traveling expenses for himself Hot; flf, 1 1. 

5 and his employees incurred in the discharge of duty. '^^'' ^--' ^ i- 

1917, 63. 1919, 350, § 42. 1931, 301, § 75. 

division of fisheries and game. 

1 Section 6. Upon the expiration of the term of office of a director of 55^f3^o°''o°/ 

2 the division of fisheries and game, his successor shall, except as provided fisheries and 

3 by section three, be appointed for three years by the go\-ernor, with the i866?238, 5 1. 

4 advice and consent of the council. The director shall be qualified by i's72: lol.' 

5 training and experience to perform the duties of his office, and shall, fsso,^27'6!f7. 

6 except as provided by section three, receive such salary, not exceeding Jj**^£; |^; 5 2. 

7 five thousand dollars, as the governor and council determine. The }9i9' f^o. § 43. 

8 director shall be allowed necessary traveling expenses for himself and 

9 his employees incurred in the discharge of duty. 

1 Section 7. Except as provided in the following section, the director Experts, fish 

2 may, subject to the approval of the commissioner, appoint and remove t^rcfen™.\nd 

3 such experts, fish and game wardens, clerical and other assistants as the eSlntT 

4 work of the division may require, and their compensation shall be paid }^°g; |^^- 5 j 

5 by the commonwealth. On written application of the city council of a i?^^'.*'^^' 
f) city or the selectmen of a town, he may, subject to like approval, appoint mi. po. 

7 in such city or town, from a list of names to be submitted to him by such 1923! 144! 

8 city council or selectmen, a fish and game warden, who shall act under 1931; soii s 76. 

9 his authority and instructions and have the same powers and duties as 

10 a fish and game warden appointed as above provided; the annual com- 

11 pensation of every such warden, not exceeding two hundred dollars, 

12 shall be determined and paid by the city or town in which he is appointed. 

13 The director may also, subject to like approval, appoint deputy fish 

14 and game wardens who shall serve without compensation. 

1 Section 8. There shall be a state inspector of fish serving in the state^inspector 

2 division. Upon the expiration of the terra of office of a state inspector deputies. 

3 of fish, his successor shall be appointed for three years by the governor, ^ ' ■ 3'' ■ 



192 



DEPARTMENT OF CONSERVATION. 



[Chap. 21. 



with the advice and consent of the council. The state inspector may 4 

appoint from time to time such permanent and temporary deputy in- 5 

specters as may be authorized by the governor and council. The state 6 

inspector and deputy inspectors shall receive such compensation as may 7 

be fixed by the governor and council. 8 



state 
supervisor 
of marine 
fisheries. 
1929, 372, § 1. 



Section 8A. There shall be a state supervisor of marine fisheries 1 

serving in the division, who shall be appointed for terms of three years 2 

by the governor with the advice and consent of the council. The salary 3 

of said supervisor shall be fixed by the commissioner, subject to the 4 

approval of the governor and council. The supervisor shall have charge 5 

of the enforcement of the provisions of chapter one hundred and thirty, 6 

and all other provisions of law, relative to marine fish and fisheries, 7 

including shellfish, except those contained in sections seventy-four to 8 

eighty-eight, inclusive, of chapter ninety-four, and shall have general 9 

direction of the wardens appointed under section seven engaged in the 10 

enforcement of said provisions; provided, however, that in carrying out 11 

all powers and duties conferred upon him the supervisor shall act with 12 

the approval of the director. 13 



Director of 
animal 
industry. 
1860, 192, § 1; 
221, § 1. 
1862. 28, § 1. 
P. S. 90, § 12. 
1885, 378. 
1894, 491, § 36. 
1899, 408, § 1. 
R. L. 90, § 1. 
1902, 116, 
§§ 1-3. 
1912, 608, 
§51-3. 
1914, 490, i 1. 



E3cpert8, cleri- 
cal assistants, 

1893, 306, § 7. 

1894. 491, 
§§43, 52. 



DIVISION OF ANIMAL INDUSTRY. 

Section 9. Upon the expiration of the term of office of a director of 
animal industry, his successor shall, except as provided by section three, 
be appointed for three years by the governor, with the advice and con- 
sent of the council. The director shall be qualified by training and 
experience to perform the duties of his office, and shall, except as pro- 
vided by section three, receive such salary, not exceeding four thousand 
dollars, as the governor and council determine, and shall be allowed his 
necessary expenses paid or incurred in the performance of his official 
duties. 



1919, 350, § 44. 



1929, 253. § 1. 



1 Op. A. G. 556. 



1899,408, §§2, 7. 
R. L. 90, § 2. 
1902, 116, § 3. 



1912, 608, § 3. 
1914, 490, § 1. 



1919. 350, § 44. 
1931, 301. § 77. 



1 

2 
3 
4 
5 

6 

7 
8 
9 



Section 10. The director may, subject to the approval of the com- 1 
missioner, appoint and remove such experts, clerical and other assist- 2 
ants as the work of the division may require. 3 



division OF PARKS. 



Director of 
division of 
parks. 
1931, 391, § 



Section 11. Upon the expiration of the term of office of a director 
of the division of parks, in this and the following section called the 
director, his successor shall, except as provided by section three, be 
appointed for three years by the governor, with the advice and consent 
of the council. The director shall be qualified by training and experience 
to perform the duties of his office and shall, except as provided by sec- 
tion three, receive such salary, not exceeding five thousand dollars, as 
may be fixed by the commissioner, subject to the approval of the gov- 
ernor and council. Except as otherwise provided, the director shall act 
for the commonwealth in the care and management of parks and reser- 
vations owned by the commonwealth outside of the metropolitan parks 11 
district for puriwxses of recreation or conservation, and shall perform 12 
such other similar duties as may be imposed upon him by the commis- 13 
sioner. ^^ 



6 

7 

8 

9 

10 



Chaps. 21, 22.] 



193 



1 Section .12. The director may, subject to the approval of the com- Experts, 

2 missioner, appoint and remove such experts and clerical and other assiatanta, 

3 assistants as the work of the division may require. The director shall Traveling 

4 be allowed necessary traveling expenses for himself and his employees j^sirMi, 5 2. 

5 incurred in the discharge of duty. 



CHAPTER 22. 

DEPARTMENT OF PUBLIC SAFETY. 



Sect 




Sect 


1. 


Department of public safety. 


9A. 


2. 


Commissioner. 




3. 


Certain duties of commissioner. 
Divisions. 




4. 


Directors. 




5. 


Secretarj'. 


9B. 


6. 


Officers and other assistants. 




7. 


Expenses of officers, etc. 




7A. 


Payment of hospital, etc., expenses of 


10. 




officers and inspectors injured, etc. 


11. 


8. 


Officers, etc., to be sworn. 


12. 


9. 


Appointment of additional state po- 
lice officers. 





Division of state police (state con- 
stabulary), additional appoint- 
ments. Training, etc., of persons 
eligible for appointment, etc. An- 
nual expenditure. 
9B. Apportionment to Highway Fund of 
proportion of appropriations for 
division. 

Board of boiler rules. 

Board of elevator regulations. 

State boxing commission. 



1 Section 1. There shall be a department of public safety under the °Jf[^f3'^f°*y°' 

2 supervision and control of a commissioner of public safety. ises. 249, § 1. 

1871, 394, § 1. 1879,305,55 1,3,12. 1904. 318, f.li. 



1874, 405. 

1875, 15, 55 1, 5. 



P. S. 103, 55 1, 3. 
R. L. 108, 6 1. 



1919, 350, §5 99, 100. 
267 Mass. 501. 



1 Section 2. Upon the expiration of the term of office of a commis- Commissioner. 

2 sioner, his successor shall be appointed by the governor, with the advice 55 i.'s. 

3 and consent of the council, for five years. The commissioner shall re- \ln, Ul'. 

4 ceive such salary, not exceeding six thousand dollars, as the governor llj2%5, 

5 and council determine. '*'*■ *°^- 



1875, 15. 55 1. 6. 
1879, 305. 55 1,3, 5. 
P. .S. 103, 55 1,3, 5. 
1887, 127. 



1892, 128, 

R. L. 108. 55 1. 2. 5. 
1904. 318, 5 1. 
1906, 480. 



1913, 834. 
1918, 275, 5 1. 
1919,350.5100. 
1923, 330. 



1 Section 3. The commissioner shall be the executive and adminis- Certain duties 

2 trative head of the department. There shall be in the department a sion°"""^ 

3 division of state police under his own immediate charge, a division is'es!'!"!, 6 1. 

4 of inspection under the charge of a director to be known as chief of \l]l] fol.' * ^' 

5 inspections, and a division of fire prevention under the charge of a di- Jgl; 305,^/3. 

6 rector to be known as the state fire marshal. ^ ^- '°2' ^ 3- 



1886, 354, § 1. 

1888, 113. 

1894, 444, I 1; 481, 5 1. 

R. L. 3-2. 5 1; 108, 5 1. 

1902, 142, 55 1, 2. 



1903, 365, § I. 

1904, 318, 5 1; 
433. §§ 1. 3, 
1906, 521, 5 1. 
1911. 619, 5 1. 



1913. 610, 55 1, 6. 

1914, 795, 5 2. 

1919, 350, 55 101, 102. 
267 Mass. 501. 



1 Section 4. Upon the exijiration of the term of office of a state fire pjj^'g"™- 

2 marshal or a chief of inspections, his successor shall be appointed by the 55 1,'4. ' 



3 governor, with the advice and consent of the council, for three years. 551,'- 



194 



1S98. 160. 
R. L. 32, 

Hi.v. 



DEPARTMENT OF PUBLIC SAFETY. 



[Chap. 22. 



They shall each receive such salary, not exceeding four thousand dollars, 
as the governor and council determine. 



1902, 142, H 1, 2. 

1903, 365, §§ 1, 2. 

1904, 433. 
1906, 521, 5 1. 



1911. 619, § 1. 

1913. 610, §§ 1 

1914, 795. § 2. 
1918, 275, § 1. 



1919, 350, §§ 101, 
103, 104. 
1 Op. A. G. 174. 
3 Op. A. G. 492. 



4 

5 



Secretary. 
1920, 619, § 2. 
1930, 256. 



Section 5. The commissioner may appoint a secretary, who shall 
be exempt from chapter thirty-one, and may remove him for such cause, 
to be stated in the order of removal, as he deems sufficient. The sec- 
retary, in addition to his duties under section twelve, shall perform such 
other duties as the commissioner prescribes. 



! 1. 



Officers and 
other assist- 
ants. 

1865, 249, 
§§1.3. 

1866, 261, 

1871, 394, 
§§ 2, 5. 

1872, 355. 
1875, 15. 
§§1,6. 

1877, 214, § 6. 

1878, 242, § 1. 

1879, 305, 

§§ 1, 2, .5, 12. 

1880, 17S. 
P. S. 103. 
§§ 1, 2, 5,9. 
1885, 131. 
1887, 127; 256. 



Section 6. The commissioner may appoint, transfer and remove 
officers, inspectors, experts, clerks and other assistants. Except as pro- 
vided in section nine or nine A or in section two of chapter one hundred 
and forty-seven, the number of officers and inspectors heretofore au- 
thorized by law may be increased only with the approval of the gov- 
ernor and council. Boiler inspectors in the division of inspection shall 
not be over forty-five years of age when first appointed, and shall not 
be subject to any civil service rules like those requiring members of the 
state police to be of a certain height and weight. Inspectors assigned y 
to the division of inspection shall be designated as building inspectors or 10 
as boiler inspectors according as their duties relate to buildings or boilers. 11 

1911, .561; 616, § 1; 619; 
620, § 1. 

1912, 614, § 1; 726. § 12. 



188S, 113; 426, § 13. 

1890, 137. 

1891, 302; 357, § 6. 

1892, 249. 

1893, 387. 

1894, 281; 444, §§ 1, 7; 
481, §1 1, 3. 5, 6. 

1895, 396; 418, § 8; 452, § 1. 

1896, 546, § 4. 
1898, 160; 219; 261. 

R. L. 32, §§ 1, 7; 105, § 1; 
108, S§ 1, 3, 5. 



1902. 142. §§ 1. 2. 

1903. 365. §§ 1, 4. 

1904, 318; 3S2; 430; 
433, §§ 1, 3. 

1905, 247; 365; 461. 

1906, 522, § 1. 

1907, 451, § 1; 465, §§4, 25; 
482, § 1. 

1908. 185, § 1: 375, § 1; 
479, § 1. 

1909. 410, § 1; 413, § 1; 
432, § 1. 



1913, 424, § 1; 480; 
610. §§ 1, 5, 6; 816, § 1;S34. 

1914, .577, §2; 622, § 1; 
795, § 2. 

1918. 27.5. 

1919, 350, §§ 101, 103, 108. 
1925, 322, § 1, 

1931, 301, § 78. 
1 Op. A. G 404. 



Expenses of 
officers, etc. 
1865, 249, § 3. 
1871, 394, 
§S 3, 5. 
1875, 15, § 6. 

1878. 242. § 3. 

1879, 305. § 5. 
P. S. 103, § 5. 



Section 7. Each officer and inspector in the department shall re- 
ceive his actual traveling and necessary expenses when on duty, which 
shall be verified by oath and approved by the commissioner. No salary 
shall be paid to any such officer or inspector until he has made oath 
that he has paid to the commonwealth all fees received by him. 

1906, .521. § 1. 
1911, 619. 
1914, 795, § : 



18,S6, 354. § 4. 
1887, 127. 

1894, 444. § 7. 

1895, 418, § 8. 

1896, 546, § 4. 



1898. 100; 261. 
R. L. 32, § 7; 108, §5. 
1902, 142. § 1. 
1904, 382. 



1919, 350, § 99. 



Payment of 
hospital, etc., 
expenses of 
officers and 
inspectors 
injured, etc. 
1924, 504, § 1. 



Section 7A. The commissioner may authorize the payment, out of 
any appropriation made for traveling or other expenses of the depart- 
ment, of the reasonable hospital, medical and surgical expenses incurred 
by any oflicer or inspector of the department when temporarily or per- 
manently disabled by reason of injuries sustained through no fault of 
his own while actually performing police service. 



officers, etc., 
to be sworn. 
1875, 15, 
§§2.3, 

1879. 305, § 4. 
P, S. 103, § 4. 
R. L. 108, § 4. 



Section 8. Each officer or inspector shall, before entering upon the 
performance of his duties, be sworn to the faithful performance thereof, 
and unless his oath of office is taken within ten days after the date of 
his appointment, the appointment shall be void. 

1914, 795, § 2. 



1922, 9. 



Chap. 22.] dep.\rtment of public safety. 195 

1 Section 9. Whenever the governor shall deem it necessary to pro- Appointment 

2 vide more eflFectively for the protection of persons and property and state police 

3 for the maintenance of law and order in the commonwealth, he may WrUs. 

4 authorize the connnissioner to make additional appointments, not ex- jyjg' 35o_ 

5 ceeding one himdrcd in number, to the division of state police, together 5 no- 

6 with such other employees as the governor may deem necessary for 

7 the proper administration thereof. The appointment of the additional 

8 officers shall he temporary until the general court has authorized their 

9 permanent addition to the department. The commissioner may, sub- 

10 ject to the approval of the governor, make rules and regulations for the 

11 said additional force, including matters pertaining to their discipline, 

12 organization and government, compensation and equipment, and means 

13 of swift transportation. 

1 Section 9A. Whenever the governor shall deem it necessary to Division of 

2 provide more effectively for the protection of persons and property and (state"" "^^ 

3 for the maintenance of law and order in the commonwealth, he may addiSnm'r'''' 

4 authorize the commissioner to make additional appointments to the x^ainin^'^'"^' 

5 division of state police, together with such other employees as the gov- •'''^ • °' 

6 ernor may deem necessary for the proper administration thereof. The eligible for 

7 appointment of the additional officers herein provided for shall be by etc. 

8 enlistment for terms not exceeding three years, and such appointees expenditure. 

9 shall be exempt from the requirements of civil service law and rules. 1922! 331' u. 

10 Said additional officers shall have and exercise within the commonwealth }|]|g; ^gf ^ '• 

1 1 all the powers of constables, except the service of civil process, and of i^^g. 343, 5 1- 

12 police officers and watchmen. The commissioner may, subject to the 

13 approval, of the governor, make rules and regulations for said additional 

14 force, including matters pertaining to their discipline, organization and 

15 government, compensation and equipment, and means of swift trans- 

16 portation; provided, that said force shall not be used or called upon for 

17 service in any industrial dispute, unless actual violence has occurred 

18 therein, and then only by order of the governor or the person acting in 

19 his place. Any member of said force violating any of the rules or regu- 

20 lations for said force shall be subject to discipline or discharge in accord- 

21 ance with said rules and regulations. The commissioner, subject to 

22 like approval, may select and maintain for the purpose of training in 

23 preparation for service on said, force, a group of persons, not exceeding 

24 fifty in number, who, when so trained, shall be eligible either to appoint- 

25 ment to fill vacancies therein or, upon order of the governor, to be called 

26 for service in cases of emergency as temporary members thereof. The 

27 commissioner may expend annually for the expenses of administration, 

28 organization, government, training, compensation, equipment and main- 

29 tenance such amount as the general court may appropriate. 

1 Section 9B. The department of public safety shall annually for- Apportion- 

2 ward to the budget commissioner with its estimates of expenses for the Highway Fund 

3 division of state police, as required under section three of chapter twenty- Cf app?o-"°° 

4 nine, a statement of the approximate proportion of the time of the division!' '""^ 

5 division devoted to the service of patrolling the highways of the com- '^^^^ ^*^' ' '■ 

6 monwealth for the purpose of controlling and supervising traffic. Said 

7 statement shall be the basis for a recommendation by the governor as 

8 to the proportion of the appropriations made for expenses of said di- 

9 vision which it appears may fairly be charged to the Highway Fund. 



196 



DEPARTMENT OF PUBLIC SAFETY. 



[Chap. 22. 



Board of 
boiler rules. 
1907, 465, 
§§ 24, 2.5. 
1919, 350, 
§ 105. 
1930, 408. 



Section 10. The commissioner shall appoint a board of boiler rules, 1 
consisting of the chief of inspections, or a boiler inspector of the division 2 
of inspection designated by the commissioner, as chairman and four 3 
associate members, one of whom shall be an operating engineer and 4 
three shall represent users, manufacturers and insurers of boilers, re- 5 
spectively. Upon the expiration of the term of office of an associate 6 
member, his successor shall be appointed for three years by the com- 7 
missioner. The associate members shall receive as compensation for 8 
service and reimbursement for expenses such sums as the governor and 9 
council shall determine, not exceeding in all one thousand dollars a year. 10 
Such clerical and other assistants as may be required by the board shall 1 1 
be assigned to it by the commissioner. 12 



Board of 

elevator 
regulations. 
1913. 806, 
§§6-8. 
1919, 350, 
§ 106. 
1925, 221. 



Section 11. The commissioner shall, as occasion requires, appoint a 1 

board of elevator regulations, consisting of the chief of inspections as 2 

chairman, a consulting engineer, the building commissioner of Boston, 3 

an inspector of buildings of some city other than Boston, a representative 4 

of a liability insurance company licensed to write elevator insurance in 5 

the commonwealth, a representative of elevator manufacturers, an 6 

experienced elevator constructor and a representative of owners of 7 

buildings. The members of said board shall serve without compensation, 8 

but their necessary expenses shall be paid by the department. Such 9 

clerical and other assistants as may be required by the board shall be 10 

assigned to it by the commissioner. 11 



State boxing 
commiBsion. 
1920, 619, 
§§1.2. 
Op. A. G. 
(1920) 282. 



Section 12. The state boxing commission shall serve in the depart- 1 
ment and shall consist of the commissioner, ex officio, who shall be 2 
chairman, and two appointive members. Upon the expiration of the 3 
term of office of an appointive member, his successor shall be appointed 4 
by the governor, with the advice and consent of the council, for three 5 
years. The appointive members shall receive such salaries, not ex- 6 
ceeding thirty-five hundred dollars each, as the governor and council 7 
may fix. The members shall receive their traveling expenses neces- 8 
sarily incurred in the performance of their duties, and the commission 9 
shall be allowed such sums for clerical assistance as the governor and 10 
council may approve. The secretary of the department shall act as the 1 1 
secretary of the commission and shall keep full and true records of all 12 
its proceedings. The commissioner may deputize one or more persons 13 
to represent the commission and to be present at any match or ex- 14 
hibition authorized to be held under sections thirty-two to fifty-one of 15 
chapter one hundred and forty-seven. Such persons may receive such 16 
compensation for actual services as shall be fixed by rule or regulation 17 
of the commission, together with their traveling expenses necessarily 18 
incurred in the discharge of their duties. 19 



Chap. 23.] 



DEPARTMENT OF LABOR AND tNDUSTRIES. 



197 



CHAPTER 23. 

DEPARTMENT OF LABOR AND INDUSTRIES. 



Sect, 
department of labor and industries. 

1. Department of labor and industries. 

2. Commissioner. 

3. Certain duties of commissioner. 

4. Directors. Other appointees. 

6. Certain requirements as to officers 
and emplo.vees. 

6. Duties of assistant commissioner. 

7. Board of conciliation and arbitration. 



9. 



DIVISION OF STANDARDS. 

Duties of the director of standards. 
Inspectors of standards. Bonds. 



THE MASSACHUSETTS INDUSTRIAL COMMIS- 
SION. 

9A. The Massachusetts industrial com- 
mission. 

9B. Secretary, experts and clerical assist- 
ance. 

9C. Commission may conduct researches 
for the promotion, etc., of the in- 
dustrial, etc., resources of the com- 
monwealth, etc. 



Sect. 
division on the necessaries of life. 
9D. Director. Certain duties. 
9E. Division to study, etc., circumstances 

affecting cost of certain necessaries 

of life. 
9F. To give hearings, summons witnesses, 

etc. Compulsory attendance of 

witnesses, etc. 
9G. To investigate complaints, etc. 
9H. Director to act as emergency fuel 

administrator, etc. 



COMMISSION ON FOREIGN AND DOMESTIC 
COMMERCE. 

10. [Repealed.] 

11. [Repealed.] 



GENERAL PROVISIONS. 

12. Department to be furnished offices, 

etc. 

13. Expenses. 



DEPARTMENT OF LABOR AND INDUSTRIES. 

1 Section 1. There shall be a department of labor and industries, Department 

2 under the supervision and control of a commissioner of labor and indus- rndSstHes" 

3 tries, in this chapter called the commissioner, an assistant commissioner, Jgjg] 350; ^ '■ 

4 who shall be a woman, and three associate commissioners, one of whom fj2^,%06, § 1 

5 shall be a representative of labor and one a representative of employers 

6 of labor. 

1 Section 2. Upon the expiration of the term of office of a commis- commis- 

2 sioner, an assistant commissioner or an associate commissioner, his I'goe, 425. 

3 successor shall be appointed for three years by the governor, with the \\^iiP^' 

4 advice and consent of the council. The commissioner shall receive ^^^^- ^^"^ ^ ^° 

5 such salary not exceeding seventy-five hundred dollars, and the as- 

6 sistant commissioner and associate commissioners such salaries, not 

7 exceeding four thousand dollars each, as the governor and council 

8 determine. 



1 Section 3. The commissioner shall be the executive and adminis- certain duties 

2 trative head of the department. He shall have charge of the adminis- sioner. 

3 tration and enforcement of all laws, rules and regulations which it is §m.'5.9.' 

4 the duty of the department to administer and enforce, and shall direct j^'yifl?.' 

5 all inspections and investigations except as otherwise provided. He Jij^J; ^?^; 1 1; 

6 shall organize in the department a division of standards, a division on ^i^,^j^7 

7 the necessaries of life and such other divisions as he may from time to 



198 



DEPARTMENT OF LABOR .\ND INDUSTRIES. 



[Chap. 23. 



time determine, and may assign the officers and employees of the de- 8 

partment thereto. He shall prepare for the consideration of the assist- 9 

ant commissioner and the associate commissioners rules and regulations 10 

for the conduct of the department and all other rules and regulations 11 

which the department is authorized by law to make, and they shall, 12 

except as otherwise provided, take effect when approved by the associate 13 

commissioners and the assistant commissioner, or upon such date as 14 

they determine. The commissioner may designate the assistant com- 15 

missioner or an associate commissioner to discharge the duties of the 16 

commissioner during his absence or disability. 17 



Directors. 




Other 


■ ap- 




pointees. 




R. S. 


30, § 4, 


1859, 


224, 


§2. 


G. S. 


49, 




§127 


; 61, 


§3. 


F.S. 


63, § 2; 


65. § 3. 




1887, 


269, 


§1. 


1888, 


261. 




1890, 


159, 


§2; 


385: 


426, 




§§9- 


11. 




1892. 


382. 




1901, 


211. 




R. L, 


60, 




§§1, 


2; 




62, § 


8; 106, 


§§1. 


5. 




1902. 


4.57. 




1904. 


313, 




§4; 


399. 




1906. 


435, 


5 8. 


1907, 


534, 




§S1- 


3. 




1909, 


514, 




§§1, 


7, 14 


^. 


1910, 


, 465, 


5 1 


1911, 


,632, 


§ 1 


1912 


, 256, 


81: 


726, 


§§4, 


7. 8. 


1913 


,813, 


5 8. 


1915, 


, 74, 


§1. 


1917,243; 


341. 


1918 


, 218, 




S§1. 


2. 





Section 4. The commissioner, assistant commissioner and associate 1 

commissioners may, with the approval of the governor and council, 2 

appoint, and fix the salaries of, not more than six directors, and may, 3 

with like approval, remove them. One of them, to be known as the 4 

director of standards, shall have charge of the division of standards, and 5 

one of them, to be known as the director of the division on the necessaries 6 

of life, shall have charge of said division, and each of the others shall be 7 

assigned to take charge of a division. The commissioner may employ, 8 

for periods not exceeding ninety days, such experts as may be necessary 9 

to assist the department in the performance of any duty imposed upon 10 

it by law, and such employment shall be exempt from chapter thirty- 11 

one. Except as otherwise provided in section nine B, the commissioner 12 

may employ and remove such inspectors, investigators, clerks and other 13 

assistants as the work of the department may require. Such number of 14 

inspectors as the commissioner may deem necessary shall be men who, 15 

before their employment as such, have had at least three years' experience 16 

as building construction workmen. The commissioner may require that 17 

certain inspectors in the department, not more than seven in number, 18 

shall be persons qualified by training and experience in matters relating 19 

to health and sanitation. 20 



1919, 224, § 1; 244: 341, 
§ 1: 350, §§74, 77: 365. 
1920,551, § 1: 628, § 1. 
1921,306, §3; 325, §§ 1, 7. 



1922, 196, 343, § 1. 

1923, 330, § 1. 

1924, 258, § 1; 320, § 1. 

1925, 273, § 1. 



1927, 263, § 1: 

1929, 209, § 1. 

1930, 410, § 2. 

1931, 426, § 135. 



275. 



Certain re- 
quirements as 
to officers and 
employees. 
1859, 224, § 2. 
G. S. 49, § 127. 
P. S. 63, §§2,3. 
1890, 159, § 2. 
R. L. 60, § 2. 
1912, 726, § 8. 
1919, 224, I 1: 
350, § 75. 
1921, 306, § 4. 



Section 5. All directors, inspectors and other permanent employees 
of the department shall devote their whole time to the affairs of the de- 
partment; and all directors and inspectors and such other employees as 
may be designated by the commissioner shall, before entering upon their 
duties, be sworn to the faithful performance thereof. The number of 
inspectors heretofore authorized by law may be increased only with the 
approval of the governor and council. The commissioner, assistant 
commissioner and associate commissioners shall determine from time to 
time how many of the inspectors employed shall be women. 



Duties of as- 
sistant com- 
miasioner. 
1919, 350, § 73. 



Section 6. In all matters relating specifically to M^omen and minors 1 

the assistant commissioner shall have and exercise such duties and 2 

authority as may be prescribed by the commissioner, with the approval 3 

of the associate commissioners. 4 



dSarionanT' SECTION 7. The associatc commissioners shall constitute the board 
arwtratwn^ 1 o^ Conciliation and arbitration, and shall have the powers and perform 
188?! 2m. § i. the duties given them by chapter one hundred and fifty relative to con- 
f909; 514,' § 10. ciliation and arbitration of industrial disputes, and chapter one hundred 



ClIAl'. 23.] DEPARTMENT OF LABOR AND INDUSTRIES. 199 

5 and fifty-one relative to the minimum wage. The board shall have 1912. 706, § i. 

6 assigned" to it such assistants from the officers and cmjjloyees of the loij;: isua.' § 1.' 

7 department as the commissioner and the board from time to time de- lyiS; agbi § 72. 

8 termine. 

DIVISION OF STANDARDS. 

1 Section 8. The director of standards shall, in addition to the Dm^es oUhe 

2 powers and duties conferred and imposed upon him by law, perform ^tlndZdl 

* ,,. t -i-i'ij.! ■■_ 1919, o50, 9 77. 

3 such other duties as may be assigned to him by the commissioner. 

1 Section 9. Inspectors of standards appointed under section four IJ'|p«^°^« °^ 

2 shall give bond for the faithful performance of their duties. BJJnd" 

1859, 224, §§ 2, 3. R. L. 60, § 2. 1012, 256, § 1. 1919, 244. 

G S 49, § 127. 1907, 534, § 2. 1917, 243. 1920, 551, § 1. 

p S 63 § 2 1910, 465, §1. 1918, 218, § 2. 1924, 258, § 2. 

1890, 159, § 2. 1911, 632, § 1. 

THE MASSACHUSETTS INDUSTRIAL COMMISSION. 

1 Section 9A. There shall be in the department a commission for the The^Massa- 

2 promotion and development of the industries and industrial, agricultural industrial 

3 and recreational resources of the commonwealth, to be known as the i§29"35T'§ i. 

4 Massachusetts industrial commission, in this and the two following 

5 sections called the commission. The commission shall consist of the 

6 commissioner and the commissioner of agriculture, ex oflficiis, and five 

7 unpaid members appointed by the governor, with the advice and con- 

8 sent of the council, who shall he designated in their initial appointments 

9 to serve respectively for one, two, three, four and five years. The com- 

10 mission shall annually choose one of its members as chairman. One of 

11 the members appointed by the governor as aforesaid shall always be a 

12 representative of labor. Upon the expiration of the term of office of 

13 an appointive member, a successor shall be appointed in the manner 

14 aforesaid for five years. The commission shall meet at least once a 

15 month and at such other times as it shall determine by its rules. The 

16 members shall receive their necessary traveling expenses while in the 

17 performance of their official duties. 



1 Section 9B. Subject to the approval of the governor and council, ^Jj^eftfrnd 

2 the commission may appoint and fix the compensation of a secretary ^!f,^^'tance. 

3 and such experts as it may require and may remove them with like i929, 357, § l 

4 approval. It may also employ such other necessary clerks and em- 

5 ployees as it may require. Authorized representatives of the comniis- 

6 sion may travel outside the commonwealth for the purpose of carrying 

7 out the provisions of section nine C. 

1 Section 9C. The commission may conduct researches into Indus- Commission 

,*, , 11 1111 rn&v conciiict 

2 trial and agricultural conditions within the commonwealth, and shall "=^=";.*^»j^°^jj 

3 seek to co-ordinate the activities of unofficial bodies organized for the etc.,''ofth°e'°°' 

4 promotion of the industrial, agricultural and recreational interests in resomces of the 

5 the commonwealth, and may prepare, print and distribute books, maps, commonwealth, 

6 charts and pamphlets which in its judgment will further the purpose i929, 357, 5 1. 

7 for which it is created, and, on behalf of the commonwealth, may accept 

8 contributions and, subject to the approval of the governor and council, 

9 may expend the same and also may expend such sums as may be ap- 

10 propriated by the general court to carry out the purpose of this and the 

11 two preceding sections. 



200 



DEPARTMENT OF LABOR AND INDUSTRIES. 



[Chap. 23. 



Director. 
Certain duties. 
1930, 410, § 3. 



DIVISION ON THE NECESSARIES OF LIFE. 

Section 9D. The director of the division on the necessaries of life 1 

shall, in addition to the powers and duties conferred and imposed 2 

upon him by law, perform such other duties as may be assigned to him 3 

by the commissioner. 4 



Division to 
study, etc., 
circumstances 
affecting cost 
of certain 
necessaries 
of life. 

1919, 341, 
36.5. 

1920, 628, 

1921, 325, 
§§ 2, 7. 

1922, 343, § 1. 

1923, 320, I 1. 

1924, 320, § 1. 

1925, 273, 5 1. 
1927, 263, § 1. 

1929, 269, S 1. 

1930, 410, { 3. 



51; 
5 1. 



Section 9E. The division shall study and investigate the circum- 1 
stances affecting the prices of fuel, gasoline and refined petroleum 2 
products and other commodities which are necessaries of life. It may 3 
inquire into all matters relating to the production, transportation, dis- 4 
tribution and sale of the said commodities, and into all facts and circum- 5 
stances relating to the cost of production, wholesale and retail prices 6 
and the method pursued in the conduct of the business of any persons, 7 
firms or corporations engaged in the production, transportation, or sale 8 
of the said commodities, or of any business which relates to or affects 9 
the same. It shall also study and investigate the circumstances af- 10 
fecting the charges for rent of property used for living quarters, and in 11 
such investigation may inquire into all matters relating to charges for 12 
rent. 13 



To give hear- 
ings, summons 
witnesses, etc. 
Compulsory 
attendance of 
witnesses, etc. 

1919, 341. § 2. 

1920, 628, 5 1- 

1921, 325, 
5§3, 7. 

1922, 343, 6 1. 

1923, 320, 6 1- 

1924, 320, § 1. 
1925.273, § 1. 
1927, 263, 5 1. 

1929. 269, 5 1. 

1930, 410, 5 3. 



Section 9F. The division shall have authority to give hearings, to 1 

administer oaths, to require the attendance and testimony of witnesses 2 

and the production of books and documents and other papers, and to 3 

employ counsel. Witness summonses may be issued by the director 4 

or by any assistant by him designated and shall be served in the same 5 

manner as summonses for witnesses in criminal cases issued on behalf 6 

of the commonwealth, and all provisions of law relative to summonses 7 

issued in such cases shall apply to summonses issued hereunder, so far 8 

as they are applicable. Any justice of the supreme judicial court or of 9 

the superior court may, upon application of the director, compel the at- 10 

tendance of witnesses and the giving of testimony before the division 11 

in the same manner and to the same extent as before the said courts. 12 



To investigate 
complaints, etc. 

1920, 628, 5 2. 

1921, 325, 
55 4,7. 

1922, 343, 5 1. 

1923, 320, § 1. 

1924, 320, § 1. 

1925, 273, 6 1- 



Section 9G. The division shall investigate all complaints made to 1 

it, and may publish its findings. It shall keep in touch with the work of 2 

federal and municipal and other agencies dealing with the necessaries of 3 

life, and give them such assistance as it deems advisable; and may invoke 4 

the aid of said agencies and of civic and other organizations. 5 

1927, 263, 5 1. 1929, 269, § 1. 1930, 410, 5 3. 



Director to 
act as emer- 
gency fuel ad- 
ministrator, etc. 
1917,342. 
1920, 610. 
1921,325, §6. 
1924,320, 5 3. 
1925,273. §3. 
1927,263, 5 3. 
1929, 269, 5 3. 
1930,410,53. 



Section 9H. Whenever the governor shall determine that a fuel 1 

emergency exists, he may, with the approval of the council, by a writing 2 

signed by him, designate the director of the division on the necessaries 3 

of life to act as an emergency fuel administrator, and thereupon the di- 4 

rector shall have, with respect to fuel, all the powers and authority 5 

granted by the Commonwealth Defence Act of nineteen hundred and 6 

seventeen, being chapter three hundred and forty-two of the General 7 

Acts of nineteen hundred and seventeen, to persons designated or ap- 8 

pointed by the governor under section twelve of said chapter three hun- 9 

dred and forty-two; and the governor may revoke such written authority 10 

at any time. The provisions of said chapter three hundred and forty- 11 

two are hereby made operative to such extent as the provisions of this 12 

section may from time to time require. 13 



Chaps. 23, 24.] 201 

commission on foreign and domestic commerce. 
1 Section 10. [Repealed, 1929, 357, § 2.] 

1 Section 11. [Repealed, 1929, 357, § 2.] 

general provisions. 

1 Section 12. The department, in addition to offices in the state Department 

2 house, shall be provided with offices elsewhere in the commonwealth if officl^'^t'T''*'' 

3 approved by the governor and council. 

1912, 706, § 2; 726, § 3. 1916, 44. 1919, 350, § 12. 

1 Section 13. The department may expend for the traveling expenses Expenses. 

2 of its members and employees incurred in the performance of their duties IIIt. leg; | i: 

3 and for other necessary expenses of the department such sums as are lll%^i^- ^ ®' 

4 annually appropriated therefor. 

R. L. 60. § 15; 62, § S; 106, § 1. 1910, 465, § 1. 1917 243 

1904. 399, § 1. 1911, 632, § 1. 1918. 95, § 1; 

1907, 534, § 2. 1912, 256, § 1; 706, § 2; 218,5 1. 

1909, 514, 5 10. 726. § 3. 



CHAPTER 24. 

DEPARTMENT OF INDUSTRIAL ACCIDENTS. 



Sect. 


Sect. 


1. Department of industrial accidents. 


5. Inspectors. 


2. Industrial accident board. 


6. Branch offices. 


3. Reviewing boards. 


7. Medical adviser 


3A. Reviewing board to hold hearings in 


8. [Repealed.] 


Springfield. 


9. [Repealed.] 


4. Secretary, expenses, etc. 





1 Section 1. There shall be a department to be known as the depart- Department 

2 ment of industrial accidents, consisting of the industrial accident board accTdints""' 

3 hereinafter provided for. ^^'^' ^^°' ^ ^^■ 

1 Section 2. The industrial accident board shall consist of seven industrial 

2 inembers, one of whom shall be a woman, at such salaries, not exceeding boar^a."' 

3 six thousand dollars each, as the governor and council determine, except iii"§n''2 

4 that the chairman, who shall be designated by the governor, shall receive If^'f''^- 

5 such salary, not exceeding sixty-five hundred dollars, as the governor 1013.48. §1 

6 and council determine. Upon the expiration of the term of office of a 1919: 299; ^ '' 

7 member, his successor shall be appointed for five years by the governor, 1922, 537. 5 1. 

8 with the advice and consent of the council. The members shall devote I930; till | }; 

9 their whole time in business hours to the work of the board. 

1 Section 3. The chairman shall from time to time appoint one or Reviewing 

2 more reviewing boards, each reviewing board to consist of not less than i9i7;'297, § 1. 

3 three members, to decide matters required to be heard by such a board. "^^' '^^' 

1 Section 3A. A reviewing board appointed under authority of sec- Reviewing 

2 tion three shall hold hearings in the city of Springfield at least six times hdiiearings 

3 each year to decide matters required to be heard by such board and i"9foT2f ''"*' 



Secretary, 




expenses, i 


etc. 


1911, 


751, 




III. f 


!2. 




1912, 


571, 


§7. 


1913, 


48, 


§ 1. 


1918, 


231, 


§2. 


1919, 


299, 




§ 1: 


350, 


§68. 


Inspectors 


1. 


1913, 


813. 


§9. 


1931, 


301, 


§80. 



202 DEPARTMENT OF INDUSTRIAL ACCIDENTS. [ChAP. 24. 

relating to industrial accidents occurring, or to employees living, in 4 

Berkshire, Franklin, Hampden and Hampshire counties. 5 

Section 4. The salaries and expenses of the department shall be 1 

paid by the commonwealth. The department may appoint and remove 2 

a secretary. It shall also be allowed such sums as may annually be 3 

appropriated by the general court for clerical service and traveling and 4 

other necessary expenses. Its records shall be kept in its office. 5 

1923, 477, § 2. 1930, 257. 229 Mass. 435. 

Section 5. The department may appoint and remove not more 1 

than six inspectors. They shall be required to pass examinations of a 2 

comprehensive and practical character based upon the particular re- 3 

quirements of the work to be done by them. 4 

fgTrTOs^^ris. Section 6. There may be established and maintained under the con- 1 

trol of the department not more than four branch offices in cities selected 2 

by it, from time to time, after proper investigation, for the better adjust- 3 

ment of disputed cases and for the better information of all parties as to 4 

their rights under chapter one hundred and fifty-two. Said department 5 

may provide such offices with rooms, furniture and equipment, and ap- 6 

point such officers, agents, clerks and assistants as are necessary for the 7 

discharge of its duties in connection with such offices. 8 

^^™' Section 7. The department may appoint a duly qualified physician 1 

1914, 708, § 15. as medical adviser and shall prescribe his duties. 2 

1919, 299, § 1. 1930, 258. 

Section 8. [Repealed, 1921, 462, § 8.] 1 

Section 9. [Repealed, 1921, 462, § 8.] 1 



Chap. 25.] 



DEPARTMENT OF PUBLIC UTILITIES. 



203 



CHAPTER 25 



DEPARTMENT OF PUBLIC UTILITIES. 



Sect 
1. 
2. 
3. 

4. 

S. 

5A. 



10. 



Department of public utilities. Seal. 

Commissioners. 

Commissioners not to be interested in 
certain companies, etc. 

Certain powers and duties of the 
chairman and commissioners. 

Rulings of commission. Review. 
Enforcement of orders, etc. 

Department may summon witnesses, 
etc. Fees. 

[Repealed.] 

Employees and counsel for the per- 
formance of department's duties 
relative to common carriers. 

Expenses for the performance of de- 
partment's duties relative to com- 
mon carriers. 

Expenses and employees for the per- 
formance of department's duties 
relative to water, gas and electric 
companies. 

Control over officers and employees. 



Sect. 

11. Assessment of appropriations upon 

companies and municipalities. 

12. Balance to be carried to next year. 

SECURITIES DIVISION. 

12A. Securities division. Director and as- 
sistants. 

12B. Director deemed commissioner, etc., 
for certain purposes. 

DIVI.SION OF .SMOKE INSPECTION. 

12C. Division of smoke inspection. Di- 
rector. 

12D. Functions of division. Inspectors, 
assistants, etc. 

12E. Salaries and expenses to be appor- 
tioned among certain cities and 
towns. 

12F. Advisory council. 

13. [Repealed.] 

14. [Repealed.] 

15. [Repealed.] 

16. [Repealed.] 



1 Section 1. There shall be a department of public utilities, in this Department of 

2 chapter called the department. It shall have an official seal, which g^"'""*""'"^' 

3 shall be judicially noticed. 



1861, 168, § 1. 
1864, 1.52, § 1. 
1869, 408, I 1. 
1874, 372, § 6, 
P. S. 61, § 1; 112, §9. 



1885, 314, § 1. 

1889, 169; 373. 

R. L. 58, § 1; 111, § 8: 121, 5 1. 

1902, 228. §§ 1, 8; 432, § 1. 

1906, 463, 1, §§ 1, 68; II, § 258. 



1907. 316. 

1913, 7.S4, §§ 1, 7. 

1914, 742, §§ 133, 199. 
1919, 3.50, § 117. 

216 Mass. 432. 



1 Section 2. The department shall be under the supervision and con- 

2 trol of a commission of five members, in this chapter called the commis- 

3 sion. The governor shall, with the advice and consent of the council, 

4 annually appoint one commissioner for five years. The governor shall 

5 designate one of said commissioners as chairman. The chairman shall 

6 receive such salary, not exceeding eight thousand dollars, and each of the 

7 other commissioners such salary, not exceeding seven thousand dollars, 

8 as the governor and council determine. 

463, I, §§1,2, 1913, 784, § 1. 

1914, 742, §§ 133. 199. 

1918, 283, § 1. 

1919, 350, § 118. 

1 Section 3. The commissioners shall be sworn to the faithful per- 

2 formance of their official duties. They shall not be in the employ of, or 

3 own any stock in, any gas or electric company, water company, railroad 

4 corporation or street railway company, or company engaged in the trans- 

5 mission of intelligence by electricity in the commonwealth, or be in any 

6 way, directly or indirectly, pecuniarily interested in the sale of water 

7 or the manufacture or sale of gas or electricity or of any article or com- 

8 modity used by gas or electric companies or companies engaged in the 



1898. 499. 




1906. 417, § 1; 


1900. 406. 




68; II, § 258. 


R. L. Ill, 


§§8,9; 121, § 1. 


1907, 316. 


1902, 402; 


432, § 1. 


1910, 401; 539 



Commis- 
sioners. 
1,S64. 152, 
§§ 1. 8. 
1869, 408, 
§§ 1,8. 
1874, 372, 
§§ 6, 17. 
1879, 287. 
P. S. 112, 
§§9, 10. 
1885, 314, 
§§ 1,2, 4. 



Commissionera 
not to be in- 
terested in cer- 
tain companies, 

1864, 152, § 1. 
1869, 408, § 13. 
1874, 372, § 6. 
1876, 206, § 1. 
P. S. 112. § 9. 
1885, 314, 
§§ 1,4. 

1894, 503. 

1895, 313. 



204 



DEPARTMENT OP PUBLIC UTILITIES. 



[Chap. 25. 



1898, 499. 
R. L. Ill, 8 8; 
121, § 1. 
1902, 432, 5 1- 

1906. 433; 
463, I, 

§§ 1, 68; II, 
§ 2.58. 

1907, 316. 

1913, 784, 
§§1,3. 

1914, 742, 
§§ 133, 199; 
787, § 1. 
1918, 54. 



transmission of intelligence by electricity or used for any purpose con- 9 

nected with the sale or distribution of water, the manufacture or sale of 10 

gas or electricity or the transmission of intelligence by electricity nor 11 

shall they be connected with or in the employ of any person financing any 12 

company engaged in the transmission of intelligence by electricity. They 13 

shall not personally or through a partner or agent render any professional 14 

service or make or perform any business contract with or for a railroad 15 

corporation or street railway company chartered under the laws of the 16 

commonwealth, except contracts made with them as common carriers, nor 17 

shall they, directly or indirectly, receive a commission, bonus, discount, 18 

present or reward from any such corporation or company. 19 



Certain powers 
and duties of 
the chairman 
and comniis- 
sionprs. 
1911, 7S5, § 6. 
1913, 784, § 6. 
1915, 193. 

1918, 283, § 2. 

1919, 350, 
iU9. 



Rulings of 

commission. 
Review. En- 
forcement of 
orders, etc. 
1906, 433, I 7. 
1913, 784, 
§§27,28. 
1919, 350, 
§121. 

216 Mass. 432. 
224 Mass. 365. 

228 Mass. 575. 

229 Mass. 399. 
232 Mass. 309, 
329, 465. 

251 Mass. 569. 

256 Mass. 600. 

262 Mass. 137, 

583 

267 Mass. 343. 



Section 4. The chairman shall have and exercise supervision and 1 

control over all the affairs of the commission. He shall preside at all 2 

hearings at which he is present, and shall designate a commissioner to 3 

act as chairman in his absence. He shall not, except as is otherwise pro- 4 

vided herein, be charged with any administrative functions. In order to 5 

promote efficiency in administration he shall from time to time make such 6 

division or redivision of the work of the department among the com- 7 

missioners as he deems expedient. All the commissioners shall, if so 8 

directed by the chairman, participate in the hearing and decision of any 9 

matter coming before the commission. In the hearing of all matters 10 

other than those of formal or administrative character coming before 11 

the commission, at least two commissioners shall participate and in the 12 

decision of all such matters at least three commissioners shall participate. 13 

In every case the concurrence of a majority of the commissioners par- 14 

ticipating therein shall be necessary for a decision. With the consent of 15 

all parties concerned in a matter coming before the commission, the 16 

hearing may be held by a single commissioner. 17 

Section 5. When so requested by any party interested, the commis- 1 

sion, or any member or members acting for the commission, shall rule 2 

upon any question of substantive law properly arising in the course of 3 

any proceedings before the commission or any member or members 4 

thereof, and any party in interest aggrieved by such ruling may object 5 

thereto, and may secure a review thereof as hereinafter provided. Any 6 

failure or refusal of the commission, or of any member or members 7 

thereof acting for the commission, to rule upon such a question at the 8 

request of any party in interest as aforesaid within ten days after such 9 

request, shall be taken and recorded as a ruling adverse to the party 10 

requesting the ruling. 11 

The supreme judicial court shall have jurisdiction in equity to re- 12 

view, modify, amend or annul any ruling or order of the commission, or 13 

of any member or members representing the commission, but only to the 14 

extent of the unlawfulness of such ruling or order. The procedure before 15 

said court shall be that prescribed by its rules, which shall state upon 16 

what terms the enforcement of the order shall be stayed. The attorney 17 

for any party petitioning the supreme judicial court hereunder shall 18 

file with the clerk of the court a certificate that he is of opinion that 19 

there is such probable ground for the appeal as to make it a fit subject 20 

for judicial inquiry, and that it is not intended for delay; and double 21 

costs shall be assessed by the court upon any such party whose petition 22 

shall appear to the court not to be a fit subject for judicial inquiry or 23 

shall appear to be intended for delay. The burden of proof shall be 24 



ClViP. 25.] DEPARTMENT OF PUBLIC UTILITIES. 205 

25 upon the party adverse to the commission to show that its order is 

20 invahd. Any proceeding in any court of the commonwealth directly 

27 affecting an order of the commission or to which it is a party shall have 

28 preference over all other civil proceedings pending in such court, except 

29 election cases. 

30 The supreme judicial court shall also have jurisdiction, upon applica- 

31 tion of the commission, to enforce all valid orders of the commission and 

32 the provisions of this chapter and of chapter one hundred and fifty-nine. 

1 Section 5A. In all investigations and inquiries authorized by law Department 

2 to be made by the department and in all proceedings before it, any com- witnessSTt" 

3 missioner of the department may summon witnesses, administer oaths fgll, 259, § i. 

4 and take testimony. The fees of such witnesses for attendance and '^^^' ^^^- * '^ 

5 travel shall be the same as for witnesses before the superior court and 

6 shall be paid by the commonwealth upon the certificate of the depart- 

7 ment filed with the comptroller. The fees of such witnesses need not 

8 be paid or tendered to them prior to their attendance and testimony. 

1 Section 6. [Repealed, 1923, 227.] 

1 Section 7. For the performance of the department's duties relative Employees and 

2 to common carriers the commission may appoint or employ and remove perfomarTce o^ 

3 such engineers, accountants, statisticians, bureau chiefs and division dXe^K^at^ve 

4 heads, assistants, inspectors, clerks and other subordinates as are re- '°rrie"a"°° 

5 quired therefor, and may appoint on such terms as it deems advisable J|^6, iss, 5 3. 

6 a counsel and attorneys who, in the conduct of litigation and court pro- p s.' ri2.' 5 11. 

7 ceedings, shall act under the direction of the attorney general. Account- isst! sm, 5 2. 

8 ants shall be skilled in the methods of railroad accounting and under su^'lfl.' 

9 the direction of the commission shall supervise the method by which the fssTg"' 

10 accounts of corporations operating railroads or street railways are kept. 432"'5*P' ' '' 

11 The commission shall appoint one or more competent experts to examine l^^M^Ji.'' 

12 the reports required by section eighty-three of chapter one hundred and li. §258. ' 

13 fifty-nine, and may, whenever in its opinion public interest requires, in 1910,' 401! 

14 connection with any proposed issue of stock or bonds by a railroad 755,''§^4.*' ^^'' 

15 corporation or street railway company, employ competent experts to jj's^.'g.^'*' 

16 investigate the character, cost and value for railroad or railway purposes l^^f ^27, 1 1.^ 

17 of the property of such corporation or company. 

1 Section 8. For the performance of the department's duties relative Expenses for 

2 to common carriers the commission may expend annually such sums to Lce^of depan- 

3 procure opinions, advice, plans, surveys, appraisals, audits, examinations, fjfadve'to'^^ 

4 statistics, information, apparatus, instruments, books, tables, maps, ™™"°° 

5 drawings, supplies, sundries, and for travel within or without the com- |gS?- ^9?' f V-, 

f* 111 * • 1 1 1 • p • • 1874, 372, 5 17. 

monweaith and expense mcidental thereto, as it may from time to time p s. 112, §10. 

7 deem requisite in the performance of its duties. It may from time to 1901! 54. ' 

8 time cause to be made a compilation with annotations of the statutes of 1902,' 402,' § 1.' 

9 this commonwealth relating to common carriers. 

1906, 4.33, § 2; 463, I, §§ 2, 68; II, § 258. 1913, 784, 5§ 3, 9. 

1910,401. 1918,54. 

1 Section 9. For the performance of the department's duties relative Expenses and 

2 to water, gas and electric companies the commission may expend annu- t^h^''perform-'^ 

3 ally for necessary statistics, books, stationery and contingent expenses, ^"em°s^dut'ier' 

4 and for clerical and other assistance, such sums as the general court "ater'^gas and 



206 



DEPARTMENT OF PUBLIC UTILITIES. 



[Chap. 25. 



electric com- 
panies. 

1885, 314, § 5. 
1891, 351. 
1895, 463, § 1. 
1899, 365. 
1901, 499, 5 1. 
R. L. 121, § 3. 
1907, 54, 
§§ 1. 3. 



shall annually appropriate, and may appoint or employ, subject to the 5 

approval of the governor and council, such expert assistance as it may 6 

deem advisable, on such terms of office or employment as it may deem 7 

proper, and may expend therefor and for the performance of the duties 8 

imposed upon it by law such sums as the general court shall annually 9 

appropriate. 10 



1908, 536, §§ 1, 3. 
1913, 317, §§ 1, 3. 



1914, 631, § 1; 742, § 135; 787, § 2. 
1931, 301, § 82. 



Control over 
officers and 
employees. 

1913. 784, § 9. 

1914, 631, 5 2. 
1931. 301, 

5 100. 



Section 10. The commission may assign to all officers and employees 1 

appointed or employed under the three preceding sections such duties 2 

as it shall from time to time deem advisable, but all acts of such officers 3 

and employees shall be done under the supervision and control of, and 4 

subject to revision by, the commission. 5 



Assessment of 
appropriations 
upon com- 
panies and 
municipalities. 
1885, 314, § 6. 
1887, 382, § 4. 
1891. 351. 
1895, 463, 5 1. 
1899, 365. 
R. L. 121, 
1904, 435, 
§§1.3. 
1909, 490. 

in. §9. 

1914, 742, 
§§ 136, 199; 
787, § 3. 
1917, 205, § 3. 
1919, 350, 
U22. 



§4. 



Section 1 1 . The general court, in making annual appropriations for 1 

the department, shall designate what portions thereof shall be used for 2 

salaries of employees and expenses incurred in the performance of its 3 

functions relative to gas, electric and water companies and municipal 4 

lighting plants. Except as otherwise provided, the portions thus desig- 5 

nated, including one half the sum annually appropriated for the salaries 6 

of the commissioners, shall be apportioned by the commissioner of cor- 7 

porations and taxation among the several gas and electric companies, 8 

water companies and cities and towns which have acquired municipal 9 

lighting plants, and, on or before July first in each year, he shall assess 10 

upon each of said companies, cities and towns its share of said sums, in 11 

proportion to gross earnings in the case of companies, and in proportion 12 

to expenses as defined in section fifty-seven of chapter one hundred 13 

and sixty-four, in the case of cities and towns, for the year last pre- 14 

ceding the year in which the assessment is made; and such assessments 15 

in the case of companies shall be collected in the manner in which taxes 16 

upon corporations are collected, and in the case of cities and towns, in 17 

the manner in which the state tax is collected. 18 



Balance to be 
carried to next 
year. 

1904, 435, § 2. 
1914, 742, 
§§ 137, 147, 
177, 191, 199; 
787, § 5. 
1920. 295. 
1928, 139. § 2. 



Section 12. Of the amount so assessed and collected any balance 1 

remaining on November thirtieth in any year, and all forfeitures col- 2 

lected during the preceding fiscal year from such companies and from 3 

municipalities owning lighting plants for failure to make returns and all 4 

fees collected during said year from such companies and municipalities 5 

and from consumers of electricity, gas and water for testing meters, shall 6 

be carried forward to the next year and shall be taken into account in 7 

making an appropriation for that year. 8 



Securities 
division. 
Director and 
assistants. 
1929, 287, § 1. 



SECURITIES DIVISION. 

Section 12A. There shall be in the department, and under its 1 

general supervision and control, a securities division which shall be under 2 

the charge of a director. The commission, with the approval of the 3 

governor and council, shall appoint said director for a term of five years, 4 

and fix his compensation. The commission, with like approval, or the 5 

governor, may remove said director at any time for cause. Said di- 6 

vision shall perform such of the functions in relation to the adminis- 7 

tration and enforcement of chapter one hundred and ten A imposed 8 

upon the commission by said chapter as the commission may from time 9 



ClIAP. 25.] DEPARTMENT OF PUBLIC UTILITIES. 207 

10 to time determine by order duly recorded in the office of the commission 

11 and open to public inspection. The commission may employ such as- 

12 sistants and employees to serve in said division as may be necessary. 

1 Section 12B. For the purposes of section five A, the said director Director 

2 shall be deemed a commissioner of the department; for the purposes of nSonerl'etc., 

3 section seven of chapter one hundred and ten A, an order or finding by [."urposes"' 

4 said director, or his failure or refusal to make an order or finding, shall ^^'^- ^*^- * ^• 

5 be deemed an order, finding, failure or refusal by the commission; and 

6 for purposes of service of process under section eight of said chapter and 

7 of signing the certificate under paragraph (c) of section eleven thereof, 

8 said director shall be deemed the secretary of the commission. Section 

9 fourteen of said chapter shall apply to witnesses before the said director. 

DIVISION OF SMOKE INSPECTION. 

1 Section 12C. There shall be in the department, and under its Diviaion of 

2.* 1 ,1 J*** J? !• J* •,■ i» smoke inapec- 

supervision and control, a division of smoke inspection consisting of a tion. 

3 director, who shall have charge of said division, and an advisory council 1930^380, § 1. 

4 hereinafter provided for. The commission, with the approval of the 

5 governor and council, shall appoint said director for a term of five years, 

6 and fix his compensation. The commission, with like approval, or the 

7 governor, may remove said director at any time for cause. Said di- 

8 rector shall not engage in any other business, and he shall be an experi- 

9 enced engineer. 

1 Section 12D. Said division shall perform such of the functions in Functionaof 

2 relation to the administration and enforcement of chapter six hundred inapentora, 

3 and fifty-one of the acts of nineteen hundred and ten, and acts in amend- i93a*38o,' f i! 

4 nient thereof or in addition thereto, as have been vested in the com- 

5 mission by said chapter and acts as the commission may from time to 

6 time determine by order duly recorded in the office of the commission 

7 and open to public inspection. The commission may employ such 

8 inspectors, assistants and other employees to serve in said division as 

9 may be necessary. 

1 Section 12E. The salaries of the director and all employees of the salaries and 

2 division and the expenses incurred in the performance of its functions apportioned 

3 shall be apportioned annually by the state treasurer among the cities ciTies an" ""' 

4 and towns comprising the district defined by said chapter six hundred igaofsso, § 1. 

5 and fifty-one, and acts in amendment thereof and in addition thereto, 

6 in proportion to their last annual taxable valuation, and the amount so 

7 apportioned shall be added to their proportion of the state tax. 

1 Section 12F. Said advisory council shall consist of five members Advisory 

2 appointed by the governor, with the advice and consent of the council, 1930, aso, § 1. 

3 who shall be designated in their initial appointments to serve as follows : 

4 — two for three years, two for two years and one for one year. Upon 

5 the expiration of the term of office of a member, his successor shall be 

6 appointed in the manner aforesaid for three years. Said council shall 

7 meet at least once a month, and when requested by the director or by 

8 any three members thereof, for the consideration of problems and mat- 

9 ters relating to the abatement of smoke. The members shall receive no 



208 



[Chaps. 25, 26. 



compensation, but shall be reimbursed for their necessary expenses actu- 10 
ally incurred in the performance of their official duties. 11 



Section 13. [Repealed, 1928, 139, § 1.] 

Section 14. [Repealed, 1928, 139, § 1.] 

Section 15. [Repealed, 1928, 139, § 1.] 

Section 16. [Repealed, 1928, 139, § 1.] 



CHAPTER 26. 

DEPARTMENT OF BANKING AND INSURANCE. 



Sect. 
1. Divisions of the department. 



DIVISION OF BANKS AND LOAN AGENCIES. 

2. Commissioner of banks. 

Appointment, etc., of deputy com- 
missioner and employees. Ex- 
penses. Bonds. 

Supervisor of loan agencies. 

Board of bank incorporation. 



3. 



DIVISION OF INSURANCE. 

6. Commissioner of insurance. 

7. First deputy and other assistants, 

appointment, duties. Appeals to 
commissioner. 



Sect. 
8. Board of appeal on fire insurance 

rates. 
8.4. Board of appeal on motor vehicle 

liability policies and bonds. 



DIVISION OF SAVINGS BANK LIFE INSURANCE. 

9. Division. Commissioner of saWngs 



10. 



11. 
12. 



bank life insurance. 
Trustees of the General Insurance 

Guaranty Fund. Deputy. 
State actuary. 
State medical director. 



Divisions of 
the depart- 
ment. 

1906, 204, 5 5. 
1919, 350, 
S§4S, 46. 



Section 1. There shall be a department of banking and insurance, 1 

consisting of a division of banks and loan agencies, a division of insur- 2 

ance, and a division of savings bank life insurance. Each division shall 3 

be in charge of a commissioner, who shall be known, respectively, as 4 

the commissioner of banks, the commissioner of insurance and the 5 

commissioner of savings bank life insurance. The commissioners shall 6 

act as a board in all matters concerning the department as a whole. 7 



Commissioner 
of banks. 
1838, 14, 
8§1, 9. 

1843, 43. 

1844, 45. 
1851, 127, 
§§ 1, 9. 
G. S. 57. 
5§1, 11. 
1862, 212, 
1886, 192, 
§§1,9. 
1870, 244. 
1876, 231. 
1879, 124; 
293, § 3. 
P. S. 116, 
§§ 1, 2. 



§1. 



division of banks and loan agencies. 

Section 2. Upon the expiration of the term of office of a commis- 1 

sioner of banks, his successor shall be appointed for three years by the 2 

governor, with the advice and consent of the council. The commissioner 3 

shall receive such salary, not exceeding six thousand dollars, as the gov- 4 

ernor and council determine. He shall not be an officer of or directly or 5 

indirectly interested in any national bank or in any bank, trust company, 6 

corporation, business or occupation that requires his official supervision, 7 

and he shall not engage in any other business. He shall give bond with 8 

.sureties in the sum of twenty thousand dollars, to be approved by the 9 

state treasurer, for the faithful performance of his duties. 10 

5 1. R. L. 113, §§ 1,2. 

§§1,2. 



1886, 252, 
1889, 321. 
1894, 317, 



R. L. 113, §§ 1, 
1902, 490, § 1. 
1906, 204, i 1. 



1908, 590, §§ 2, 69. 
1919.350, §§45,49. 
1920, 596, § 1. 



Chap. 26.] division of insurance. 209 

1 Section 3. Subject to the approval of the governor and council, Appointment, 

2 the commissioner may appoint, remove, and fix the salary of, a deputy deputy com- 

3 commissioner. The commissioner may appoint and remove such clerical employees"" 

4 and other assistants as the work of the division may require. He shall »umi™^°' 

5 be allowed necessary expenses, including those for the investigation of, Ig'^'s.'g*' 

6 and prosecution for, violation of any provision of sections ninety-six to 55'5'9"^' 

7 one hundred and fourteen, inclusive, of chapter one hundred and forty, ^i f n' 

8 and the actual expenses incurred by him and his subordinates in travel- 1862,212, §2. 

9 ing in the performance of official duties. The clerical and other assistants isto! 244I 

10 shall gi\e bonds, with sureties to be approved by the commissioner, for lire! ill'; ^ *' 

11 the faithful performance of their duties. ^®^' ^^^ 

1880, 161, § 5. 1897, 362. 1913, 294. 

P. 3.116, §2. R. L. 113, §2. 1916,194. 

1882, 148. 1902, 490, § 1. 1919, 350, § 49. 

1886, 252, §§ 2, 3. 1906, 204, §§ 2, 5. 1920, 546, § 4. 

1889, 77. 1908, 590, §§ 3, 69. 1922. 513. 

1894,317,5 2. 1911. 727, §1. 1931,301,5 83. 

1895, 66. 1912, 516, § 1; 675, § 1. 

1 Section 4. The commissioner of banks may, with the approval of p^p^vieor of 

^^ ^ rr lORii fluencies* 

2 the governor and council, appoint and remove a deputy as supervisor of \l\\- p^- 1 }■ 

3 loan agencies, who shall give bond in the sum of five thousand dollars, isiai 638! § i.' 

4 with sufficient sureties, payable to and approved by the state treasurer, ' 

5 and, subject to the approval of the governor and council, may fix his 

6 compensation. 

1 Section 5. There shall be a board of bank incorporation serving in Board of 

2 the division, consisting of the state treasurer, the commissioner of banks ' 

3 and the commissioner of corporations and taxation. 

1906, 204, §§ 4, 5. 1908, 590, §§ 4, 69. 1909, 491, § 2. 1919, 350, §§ 47, 49. 



bank incor- 
poration. 



division of insurance. 

1 Section 6. Upon the expiration of the term of office of a commis- Commissioner 

2 sioner of insurance, his successor shall be appointed for three years by i852?'mi°''§ 5; 

3 the governor, with the advice and consent of the council. The commis- ?8.5i.^53, 5 42. 

4 sioner shall receive such salary, not exceeding six thousand dollars, as If^f',*^!' 

5 the governor and council determine. He shall give bond with sureties Jf^|'"'"' ' '■ 

6 in the sum of ten thousand dollars, to be approved by the state treas- §51.11' 

7 urer, for the faithful performance of his duties. 

1866, 255. 1879, 109, § 1. 1890, 247. 1907, 576, §S 4, 122. 

1867, 267, 5 § 8, 9. P. S. 119, §2. 1894,522,5 4. 1919,350,5 50. 
1876,210,51. 1887,214,5 4. R. L. 118, 5 4. 1920, 181; 596, 5 2. 

1 Section 7. The commissioner of insurance may appoint and remove, First deputy 

2 with the approval of the governor and council, a first deputy, an actuary a°sistantl, 

3 and a chief examiner and such additional deputies, examiners, assistant me'JiTduties. 

4 actuaries and inspectors as the service may require. In case of a va- ro'SSsgio^ner. 

5 cancy in the office of commissioner, and during his absence or disability, }|^g' Hf ^ 

6 the first deputy shall perform the duties of the office, or in case of the ,i867,' le?,' 5 s! 

7 absence or disability of such first deputy, the deputy who has been i869, 434. 

8 longest in the service of the division. The commissioner may appoint 1872! 374! 

9 and remove such clerical and other assistants as the work of the division Jl??; 20°: 

10 may require. Such deputies, examiners, actuaries, inspectors, clerks ^s^'ng; 

11 and other assistants shall perform such duties as the commissioner may f|g|"*87 

12 prescribe; provided, that any person aggrieved by any finding, ruling '||^'|i^' ^^■ 

13 or decision rendered upon a hearing authorized by law held before a 1894! 522, 5 5. 

14 person other than the commissioner, may, within three days, or such is96!335. 

15 further period in any particular case as the commissioner may allow, fgoV. 576,' ' ^' 

55 5,' 122.' 



210 



DIVISION OF INSURANCE. 



[Chap. 26. 



1911, 292, 5 1. after the filing of such finding, ruling or decision in the office of the 16 
loyfest^' commissioner, appeal therefrom to the commissioner who shall review 17 
1918 254 the case and may modify, affirm or reverse such ruling, finding or 18 

1919; 35o; 5 50. decision. 19 



1920, 181. 



1924, 261. 



1931, 301, § 84. 



Board of 
appeal on 
fire insurance 
rates. 
1911, 493, 
§§1,3. 

1919. 350, 
§§48, 50. 

1920, 181. 



Section 8. There shall be a board of appeal on fire insurance rates 
serving in the division of insurance and consisting of two appointive 
members, who shall be citizens of the commonwealth, and the commis- 
sioner of insurance or a deputy designated by him, ex officio. The 
commissioner or such deputy shall be chairman of the board. Upon 
the expiration of the term of office of an appointive member, his successor 
shall be appointed for three years by the governor, with the advice and 
consent of the council. An office and a room for hearings shall be pro- 8 
vided by the commonwealth, when deemed necessary by the governor 9 
and council, and the board may employ a stenographer, and shall have 10 
power to compel the attendance of witnesses and the production of 11 
books and documents. The compensation of each appointive member 12 
shall be ten dollars a day for each day or fraction thereof while engaged 13 
in the performance of his duties. 14 



Board of 
appeal 
on motor 
vehicle lia- 
bility policies 
and bonds. 

1925, 346, § 3. 

1926, 272. 
1928, 381, 5 1. 



Section 8A. There shall be a board of appeal on motor vehicle 
liability policies and bonds serving in the division of insurance and 
consisting of the commissioner of insurance or his representative, the 
registrar of motor vehicles or a representative, and an assistant attorney 
general to be designated from time to time by the attorney general. The 
commissioner of insurance may by a writing, in such form as he may 
prescribe, filed in his office, designate from time to time a representative 
to act in his place and the commissioner of public works may in like 
manner designate from time to time a representative to act in the place 
of said registrar. Any such designation may be revoked at any time and 
may run for such period as the designating officer may prescribe. The 
compensation of such a representative, if not an employee of the com- 
monwealth, shall be fixed by the board, subject to the approval of the 
governor and council. The commissioner of insurance or his repre- 
sentative shall be the chairman of the board. With the approval of 
the governor and council, the board may appoint and remove a secretary 
and such clerical and other assistants as its work may require, and fix 
their compensation. All expenditures incurred under this section shall 
be paid from the highway fund. The secretary shall keep a record of 
all proceedings before the board, and he and such clerical and other 
assistants shall perform such duties as the board may direct. Any mem- 
ber of the board shall have power to summon and compel the attend- 
ance and testimony of witnesses and the production of books, records 
and documents and may administer oaths. Sections nine and eleven 
of chapter two hundred and thirty-three shall apply to the board and 
witnesses summuiied before it. The fees of witnesses before the board 
for attendance and travel shall be the same as for witnesses before the 
superior court in civil cases and need not be paid nor tendered to them 
prior to their attendance, and shall be paid by the commonwealth upon 
the certificate of the board or a member thereof filed with the comp- 
troller. An office and a room for hearings shall be provided by the 
commonwealth, to be assigned by the governor and council. The board. 



9 
10 
11 
12 
13 
14 
15 
16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 



Chap. 26.] division of savings bank life insurance. 211 

33 with the approval of the governor and council, may make anrl amend 

34 reasonable rules and regulations to expedite and regulate hearings and 

35 the procedure before it. 

division of savings bank life insurance. 

1 Section 9. The division of savings bank life insurance shall consist Division. 

2 of the body corporate known as the General Insurance Guaranty Fund. of°saving8°bank 

3 The commissioner of savings bank life insurance shall be one of the i907"56T"ru- 

4 board of trustees of the corporation, designated by the governor as §§'46,^m.' 

5 such commissioner. His term shall be that of his appointment as '^-°' ^'^*- 
f) trustee. He shall act as president of the board of trustees of said corpo- 

7 ration, and shall have general supervision and control of the work of 

8 the division. 

1 Section 10. The governor, with the advice and consent of the Trustees of 

2 council, shall annually appoint a trustee of the General Insurance insu?Incr' 

3 Guaranty Fund for seven years from .July first in the year of his appoint- pund'""^ 

4 ment. Such trustee shall serve without compensation and shall be J^o''7'"^gi « 14 

5 selected from persons who are trustees of savings banks or of savings il'^^.f,"' 
G and insurance banks. The trustees may elect from their own number a 1920,' sei. 

7 vice president to act as president of the board of trustees in the absence 

8 or disability of the president, and shall elect a treasurer and a clerk, all 

9 of whom shall hold office for one year and until their successors are 

10 appointed. The trustees may, with the approval of and subject to 

11 confirmation by the governor and council, appoint, and with their con- 

12 sent remove, a deputy who shall discharge the duties of the commissioner 

13 during his absence or disability. 

1 Section 11. The trustees shall, with the approval of the governor state actuary. 

2 and council, appoint, and may with their consent remove, an insurance !|?I; 2%'. 1 1*' 

3 actuary to be called the state actuary, and his salary or compensation \ll\' l^f I If 

4 shall be paid by the commonwealth. The trustees may also appoint 

5 such clerks and assistants to the state actuary as the public business in 

6 his charge may require. 

1 Section 12. The trustees shall, with the approval of the governor state medical 

2 and council, appoint, and may with their consent remove, a physician igof'sei, § 16. 

3 to be known as the state medical director, and his salary or compensation \ll\] 30?; | tt 

4 shall be paid by the commonwealth. The state medical director may 

5 appoint such assistants, if any, as the public business in his charge 

6 requires. 



212 



DEPARTMENT OF CORKECTION. 



[Chap. 27. 



CHAPTER 27. 

DEPARTMENT OF CORRECTION. 



Sect. 

1. Department of correction. 

sioner. 

2. Deputies. 

3. Clerical assistants, etc. 



Commis- 



Sect. 

4. Agents. 

5. Board of parole. 

6. No officer to be interested in contracts, 

etc. 



Department 
of correction. 
Commissioner. 
1827. lis, 
§U.2. 
R.S. 144, 
§§2.3. 
1850, 37. 
G. S. 179, § 8. 
1870, 370, 
§§ 1, 10. 
1879, 294, 

a 1. 35. 



Section 1. There shall be a department of correction, under the 1 

supervision and control of a commissioner of correction. The commis- 2 

sioner shall be the executive and administrative head of the department, 3 

and shall receive such salary, not exceeding six thousand dollars, as the 4 

governor and council may determine. Upon the expiration of the term 5 

of office of a commissioner, his successor shall be appointed for three 6 

years by the governor, with the advice and consent of the council. 7 

P S 219, §§ 1, 2. R. L. 222, § 1. 1919, 350. §§ 82-84. 

1893, 453. 1913. 829, § 8. 1 Op. A. G. 487. 

1901, 364, §§ 1, 2. 1916, 241, §§ 1-4. 



Deputies. 
1913, 829, § 5. 
1916, 241, § 3. 
1919, 350, § 84. 



Section 2. The commissioner may, with the approval of the gov- 
ernor and council, appoint and remove two deputy commissioners, and, 
with like approval, fix their compensation. The deputy commissioners 
shall perform such duties as the commissioner shall prescribe, and he 
may designate one of them to discharge the duties of the commissioner 
during his absence or disability. 



Clerical 

assistants, 

etc. 



Section 3. The commissioner may appoint a director of physical 1 
training and employ such clerical assistants as may be necessary. 2 



1870, 370, § 11. 
1877, 120, § 1. 
1879, 294, §§2, 31. 
P. S. 219, §§ 3, 39. 



1885, 52. 
1888, 328. 
1895, 431. 
R. L. 222, 



§2. 



1916. 241, §§ 1, 7,9. 

1919, 3o0, §§ 82, 84. 

1920, 421. 
1931, 301, § 87. 



Agents. 
1845. 176, 
§§ 1.2. 
1848, 82, § 2. 
1852, 213, § 1. 
G. S. 180, 
§§ 64, 68. 
1861, 78, § 2. 
1871, 302, § 1. 
1879, 294. § 27, 
1881, 179, § 1. 
P. S. 219. 
§§ 26, 27. 

1887. 315, § 2. 

1888, 330, 
§§1.3. 
1895, 383. 
1897, 350. 
R. L. 225, 
§§ 136, 137. 



Section 4. The commissioner may employ such number of male 
and female agents as may be approved by the governor and council to 
enable him and the board of parole to carry out the laws relative to the 
parole of prisoners from state penal institutions, their supervision while 
on parole and the procuring of employment for them, and may remove 
them. One or more of said agents may be designated by the commis- 
sioner as agents for aiding discharged prisoners. The agents shall give 
their entire time during business hours to their duties, and shall be 
reimbursed for the necessary expenses actually incurred in the per- 
formance of their duties, after the bills therefor have been approved by 
the commissioner. 



1903, 212, § 1. 
1905, 235. 



1913, 829, § 5. 
1916, 249. 



1919, 266, 

1920, 342. 



§1. 



1923, 231, § 1. 
1931, 301. § 88; 350, 



1 

2 
3 

4 
5 
6 
7 
8 
9 
10 
11 



§3. 



Board of 

parole. 

1880, 218, 5 1. 
P. S. 222, 5 20. 
1894, 258. 
R. L. 225, 
§ 113. 
1913, 829, 
§§ 1-3, 7. 

1915. 206. 

1916, 241, 
§§1,2,5. 



Section 5. There shall be in the department a board of parole, 
consisting of a deputy commissioner designated by the commissioner 
and two appointive members. Upon the expiration of the term of office 
of an appointive member, his successor shall be appointed by the gov- 
ernor, with the advice and consent of the council, for three years. The 
governor shall designate the chairman of the board. The deputy com- 



Chaps. 27, 28.] 



213 



7 niissioner shall receive no additional compensation for his services on loio. 350, § 85. 

8 said board. The two appointive members shall receive such salary, not 1924', 439. 

9 exceeding twenty-five hundred dollars each, as the governor and council 1 op! a^g. 228. 

10 may determine; but if one of said members is designated as chairman, 

11 he shall receive a salary not exceeding five thousand dollars. The 

12 appointive members of the board shall be reimbursed by the common- 

13 wealth for actual expenses incurred by them in the performance of their 

14 ofl^cial duties. With the approval of the commissioner, said board 

15 may expend annually from the appropriation for contingent and other 

16 expenses of the department a sum not exceeding two hundred dollars 

17 for examinations by physicians of prisoners whose cases come before 

18 said board for action. 



1 Section 6. No ofl^cer of the department shall be concerned or inter- No officer to 

2 ested directly or indirectly in a contract, purchase or sale made on con'wl'c'tsfltc"' 

3 account of any prison. 



1827, 118, § 16. 
R. S. 144, § 23. 



G. S. 179, § .36. 
1879, 294, § 1. 



P. S. 219, § 2. 
R. L. 222, § 1. 



CHAPTER 28. 

METROPOLITAN DISTRICT COMMISSION. 



Sect. 

1. Metropolitan district commission. 

2. Salaries of commissioners, etc. 

3. Commissioner to be head of commis- 

sion. Divisions. Directors. 

4. Employees. 



Sect. 

5. Division of metropolitan planning; 

commissioners. 

6. Same subject; powers and duties, esti- 

mates, annual report. 



1 Section 1. There shall be a metropolitan district commission, con- Metropolitan 

2 sisting of a commissioner and four associate commissioners, who shall at f^^tHlon ™"' 

3 the time of their appointment be resident within the district of which \llf *39. | }• 

4 the commission has jurisdiction, and at least one shall be a resident of iss^i 488! § i. 

5 Boston. Upon the expiration of the term of office of a commissioner or 1900! 393! 

6 an associate commissioner, his successor shall be appointed for five years §u,'2.*4.' '^* 

7 by the governor, with the advice and consent of the council. §§'i'23^°m. 



1 Section 2. The commissioner shall receive such salary, not exceeding salaries of 

2 six thousand dollars, and each associate commissioner such salary, not ^mmisaioners, 

3 exceeding twenty-five hundred dollars, as the governor and council }!?• "?■ f }■ 
determine. 



1895. 4S8, § 1. 
1899, 400. 



1900. 393. 

1901. 146: 168, § 3. 



1902, 77. 

1919. 350. § 125. 



1 Section 3. The commissioner shall be the executive and adminis- commissioner 

2 trative head of the commission and shall organize it in such divisions as commiSton"' 

3 he may from time to time determine. He may, wath the approval of gi™to«'. 

4 the governor and council, appoint a director of each division to have \llf *g^. 1 2. 

5 charge of its work, and may, with like approval, remove him. The 1895! 488! §2! 

6 compensation of directors shall be fixed by the commissioners, with the 1919! 350! 

7 approval of the governor and council. ^* '^^' ^^®' 



214 



METROPOLITAN DISTRICT COMMISSION. 



[Chap. 28. 



Employees. 
1889. 439, 5 2. 

1893, 407, 
§§2,4. 

1894, 288, 5 3. 
1395, 272; 488, 
§2. 

1901, 168, § 5. 

1919, 330, 
§ 126. 

1920, 567. 
1931, 301, 5 89 



Section 4. The commissioners may appoint a secretary, engineering 1 

chiefs, a purchasing agent, engineers, inspectors, officers and members 2 

of the poHce force, one or more women as special police officers, clerks .3 

and such other officers and employees as the work of the commission 4 

may require, may assign them to divisions, transfer and remove them. 5 

The secretary and engineering chiefs shall be exempt from chapter 6 

thirtv-one. 7 



Division of 
metropolitan 
planning; 
commissionera. 
1923. 399, § 1. 
1925, 129. 



Same subject; 
powers and 
duties, esti- 
mates, annual 
report. 

1923, 399, § 1. 

1924, 354. 



Section .5. There shall be organized within the metropolitan dis- 1 
trict commission a division of metropolitan planning. Said division 2 
shall be in charge of seven commissioners, three of whom shall be ap- 3 
pointed by the governor, with the advice and consent of the council, for 4 
terms of five years from the date of their respective appointments and 5 
without compensation; the commissioner or an associate commissioner 6 
of public works, to be designated from time to time by the commissioner 7 
of public works; a commissioner of the department of public utilities, 8 
to be designated from time to time by the chairman of said department ; 9 
the commissioner or an associate commissioner of the metropolitan dis- 10 
trict commission, to be designated from time to time by the commissioner 11 
of said commission; and an officer of the transit department of the city 12 
of Boston, to be designated from time to time by the chairman thereof. 13 
The chairman of said division shall be designated by the governor. 14 

Section 6. Said division shall investigate and make recommenda- 1 
tions as to transportation service and facilities within the district con- 2 
sisting of all the cities and towns in the metropolitan sewer districts, 3 
and the metropolitan parks district, and the co-ordination thereof upon 4 
highways, roads, bridges, waterways, railroads, street railways and 5 
other arteries of traffic; the manner of effecting such co-relationship 
and what improvements and new facilities should be provided for a 7 
comprehensive and co-ordinated de\elopment of transportation for said 8 
district. It shall confer with the local planning agencies in the district 9 
with regard to such projects as are not of an exclusively local character. 10 
It shall recommend the method of carrying into effect and financing 11 
the projects recommended by it, and shall make such maps, plans and 12 
estimates of cost as may be needed for its investigations and reports, 13 
and may employ such assistants therefor as it deems necessary. It 14 
may sell such maps or other maps prepared by it from time to time in 15 
connection with the work under its charge at such prices and on such 16 
conditions as it may determine. The various other departments, boards 17 
and divisions of the commonwealth, the public trustees, respectively, of 18 
the Boston Elevated Railway Company and of the Eastern Massa- 19 
chusetts Street Railway Company, the street commissioners, planning 20 
boards and other officials of cities and towns comprising said district, 21 
and the various public utilities operating therein may consult with it 22 
and furnish all facts and information requested within their knowledge 23 
or control. _ _ 24 

The division shall annually submit to the budget commissioner the 25 
estimates required by sections three and four of chapter twenty-nine, 20 
and shall prepare and file an annual report as required by sections thirty- 27 
two and thirty-three of chapter thirty. 28 



Chap. 29.] 



STATE FINANCE. 



215 



TITLE III. 

LAWS RELATING TO STATE OFFICERS. 

Chapter 29. State Finance. 

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



CHAPTER 29. 

STATE FINANCE. 



Sect. 

1. Definition of "departments". 

2. Disposition of state revenues. 

3. Estimates of amounts required for or- 

dinary maintenance, etc., to be 
filed. 

4. Estimates for other purposes to be 

filed. 

5. Annual statements to be filed w-ith 

budget commissioner by comp- 
troller. 
5A. Annual forecasts of probable annual 
construction expenditures. 

6. Budget. 

7. Estimates for building construction, 

etc., to be accompanied by prelim- 
inary studies, etc. 

8. Procedure when general court author- 

izes construction, etc. 

9. Payment for estimates when general 

court fails to make appropriation 
to carry out construction, etc. 
9A. Metropolitan district commission to 
include in its budget estimates cer- 
tain contributions by common- 
wealth as pensions, etc. 

10. Officers, etc., may continue expendi- 

tures at rate of preceding fiscal 
year. 

11. Advances to members of general 

court. 

12. Appropriations to be made for fiscal 

year. 

13. Unexpended appropriations for ordi- 

nary maintenance. 

14. Application of appropriations for 

other than ordinary maintenance. 

15. Successive appropriations. 

16. Payments from ordinary revenue, etc. 

17. Payment withheld from person hav- 

ing unadjusted account. 



Sect. 

18. Payments from the treasury regu- 

lated. 

19. Itemized bills. 

20. Payments from appropriations, how 

authorized. 

21. Specific approval of office expenses 

by governor and council not re- 
quired. 

22. Payments limited to expense incurred. 

23. Advances from the treasury. 

24. Officers to certify immediate need. 

25. Statement in detail to comptroller. 

26. Expenses not to exceed appropria- 

tions; obligation incurred in excess 
thereof not to impose liability on 
commonwealth. 

27. Expenses and increases regulated. 

Exception as to certain contracts 
by department of public works. 

28. Payment for publishing state publi- 

cations. 

29. Transfer of funds with approval of 

comptroller. 

30. Insurance. 

31. Salaries, when payable. Advances. 

32. Disposal of unpaid checks. 

33. [Repealed.] 

34. Depo.sit of public moneys. 

35. Assignment of bonds, mortgages, etc. 

36. State treasurer may assign instead of 

discharge mortgage. 

37. State treasurer may sell real estate 

held by foreclosure. 

38. Investment of funds of the common- 

wealth. 

39. Registration of bonds, etc., held by 

the commonwealth. 

40. Trust deposits with state treasurer 

regulated. 



216 



STATE FINANCE. 



[Chap. 29. 



Sect. 

41. Custody of bonds, etc., belonging to 

commonwealth. 

42. Annual examination of securities by 

committee of council. 

43. [Repealed.] 

44. Unappropriated income. 

45. Application of accumulations of sink- 

ing funds. Investment of sinking 
funds limited. 

46. Transfer of securities from one fund 

to another. 

47. State treasurer may borrow in antici- 

pation of receipts. 

48. Notes for borrowed money. 

49. Bonds, etc., to be issued on serial 

payment plan. 

50. Amount to be included in state tax. 

51. Assessments on metropolitan dis- 

tricts. 



Sect. 

52. Application of premium. 

53. Proposals for certain bonds or notes 

issued by commonwealth. 

54. Deposits by bidders. 

55. Payment of expense of sale, etc., of 

bonds, etc. 

56. Transfer of unexpended receipts from 

sales of bonds, etc. 

57. Bonds or scrip payable in gold. 

58. Issue of registered in exchange for 

coupon bonds. 

59. Issue of duplicate bonds when orig- 

inals have been lost or destroyed. 

60. Bond of indemnity by owner of lost 

or destroyed bond. 

61. Requirement of oath of claimant. 

62. Agent to prosecute claims. 



Definition of 
"depart- 
ments". 
1923, 362, § 19. 



Section 1. The word "departments", as used in this chapter, shall, 1 

unless the context otherwise requires, mean all the departments of the 2 

commonwealth, except the departments of banking and insurance and 3 

of civil service and registration but including in lieu thereof the divisions 4 

of banks and loan agencies, of insurance, of savings bank life insurance 5 

and of civil service and the several boards serving in the division of 6 

registration of the department of civil service and registration, and also 7 

including the metropolitan district commission and the commission on 8 

administration and finance. 9 



Disposition of 
state revenues. 
1917, 277. § 1. 
1931. 426, 
§136. 



Section 2. All revenue payable to the commonwealth and available 1 
for meeting any costs or expenses of state offices, departments or under- 2 
takings, or for meeting any other cost or expense of the state govern- 3 
ment, shall be paid into the general fund or ordinary revenue, except 4 
revenue from or on account of the metropolitan district commission and 5 
its activities, revenue for meeting the principal of or interest on con- 6 
tingent debt, revenue from investments of sinking funds, revenue now 7 
placed by law in the highway fund, revenue now placed by law in the 8 
land registration assurance fund, and all revenue for trust funds, includ- 9 
ing the Massachusetts school fund, the contributions of state employees 10 
to their retirement fund, and the contributions of public school teachers 11 
to their retirement fund, which funds shall be maintained and the 12 
income applied in accordance with existing laws. 13 



Estimates of 
amounts re- 
quired for 
ordinary main- 
tenance, etc., 
to be filed. 
IS.W, l.'iS. § 1. 
G. S. 15, § 28. 
1872, 349. 
1880, lliO, 5 1. 
P. S. 16, § 26. 
1885, 41. 
R. L. 6. § 20. 
1905, 211, § 6. 
1910, 220, 
§§ 1,6. 
1912,719, 
5§3, 11. 

1917, 278, § 1. 

1918, 244, 
S§ 1. 5. 
1923, 300. 



Section 3. Every officer having charge of any office, department or 1 

undertaking which receives an annual apjiropriation of money from the 2 

commonwealth, including annual appropriations to be met by assess- 3 

ments, shall annually, on or before October fifteenth, submit to the budget 4 

commissioner statements showing in detail the amounts appropriated 5 

for the current fiscal year, and estimates of the amounts required for 6 

ordinary maintenance for the ensuing fiscal year, with an explanation 7 

of any increased appropriations recommended, and with citations of S 

the statutes relating thereto, and sta'tements showing in detail the 9 

revenue and estimated revenue of the office, department or undertaking 10 

in his charge for the current fiscal year and his estimate of the revenue 11 



Chap. 29.] state finance. 217 

12 from the same or any additional sources for the ensuing fiscal year, 

13 with his recommendations as to any changes in the management, prac- 

14 tices, rules, regulations or laws governing the office, department or 

15 undertaking in his charge which would effect an increase or cause a 

16 decrease in revenue from operations, fees, taxes or other sources or 

17 which would facilitate its collection, together with any other informa- 

18 tion required at any time by the budget commissioner. The said esti- 

19 mates shall not include any estimate for any new or special purposes 

20 or objects not authorized by statute. 

1 Section 4. Officers and heads of departments who, in their annual Estimates for 

. . ,'..„, other purpoaeB 

2 reports or otherwise, recommend or petition for the expenditure of t° i"^ fi'^d 

3 money by the commonwealth from any source of revenue, including 1912! 719! 

4 expenditures to be met by assessments or the issue of notes or bonds, 1917, 278. 5 2. 

5 for any purpose not covered by the estimates required to be submitted Ifl,'!"' 

6 under the preceding section shall annually, on or before October fif- ^^^^' ^^^' ' ^''• 

7 teenth, submit detailed estimates thereof to the budget commissioner, 

8 together with any other information required by him. 

1 Section 5. The comptroller shall annually, on or before December Annual 

2 twenty-sixth, submit to the budget commissioner statements setting be'^filSf^th" 

■} fnrth ■ budget 

u iwiLii. commissioner 

4 (a) The expenditures for all state purposes for the preceding fiscal i849,°56^'}°"'"' 

5 year, itemized separately so as to show expenditures made from grants }|||' f^^ |\ 

6 from the United States, trust funds and sources other than state revenue, g. a'. 15, '§ e. 

7 (b) The appropriations for the preceding fiscal year. i872,'349! 

8 (c) Estimates of all claims and other expenditures authorized by fssl, 4i'. * ^^ 

9 law and not required to be filed under section three. f§ 12,%, 

10 (d) The actual revenue for the three preceding fiscal years, itemized jjf'l'^' 

11 so as to show the sources from which received. JsoS' 597, 5 5 

12 (e) The condition of the cash on hand, itemized separately so as to §§i.'2, 6.' 

13 show cash derived from special revenue not available for general state 5§3,'4. 

14 purposes, cash held to meet authorizations and obligations previously igisi 244', § 3! 

15 made and incurred, and cash which is unencumbered and available for {92!; Uf, ' ^'' 

16 appropriation. 

1 7 (/) The condition of the state debt. 

1 Section 5A. Each department, office and commission responsible Annual fort^ 

2 for any great amount of physical property shall annually submit with aw^annual 

3 its budget estimates forecasts of probable annual construction expendi- expenditures. 

4 tures for such period of years as shall be appropriate for such depart- ^^^^' ^"^^' ' ^^' 

5 ment, office or commission. Such forecasts shall be itemized, and items 

6 shall be classified for each year under one of three following classes: 

7 "necessary", "desirable" or "contingent". The first class shall include 

8 work that is a part of a fixed and continuing program or is unavoidably 

9 necessary. The second class shall include items of work advantageously 

10 provided for at that time, but which might be postponed or possibly 

11 advanced. The third class shall include work dependent upon some 

12 other developments which cannot be definitely predetermined. Such 

13 forecasts may be modified from year to year to conform to changing 

14 conditions. The budget commissioner may from time to time fix or 

15 change the form of the forecasts, the classification of the items contained 

16 therein or the period of years to be covered thereby. 



218 



STATE FINANCE. 



[Chap. 29. 



Budget. 

Conat. amend. 
63, § 2. 
(Const. Rev. 
art. 108.) 
1910, 220, 
§§4,5. 
1912, 719, 
§§5, 11. 
1916, 296, § 9. 

1918, 244, § 4. 

1919, 52. 
1923, 362, § 23. 



Section 6. The budget commissioner shall study and review all 1 
estimates and requests for appropriations and other authorizations for 2 
expenditures of state funds filed with him as provided by sections three 3 
and four, and shall make such investigations as will enable him to pre- 4 
pare a budget for the governor, setting forth such recommendations as 5 
the governor shall determine upon. The governor may call upon the 6 
comptroller for information relative to finances and for assistance in the 7 
preparation of the budget. The budget shall be submitted by the gov- 8 
ernor to the general court annually within three weeks after the general 9 
court convenes, and it shall embody all estimates, requests and recom- 10 
mendations for appropriations or other authorizations for expenditures 11 
by the commonwealth. The budget shall be classified and designated 12 
so as to show separately estimates and recommendations for: (a) ex- 13 
penses of administration, operation and maintenance; (6) deficiencies or 14 
overdrafts in appropriations of former years; (c) new construction, ad- 15 
ditions, improvements and other capital outlay ; ((/) interest on the public 16 
debt and sinking fund and serial bond requirements; and (e) all re- 17 
quests and proposals, for expenditures for new projects and other under- 18 
takings; and shall include in detail definite recommendations of the 19 
go\ernor relative to the amounts which should be appropriated therefor. 20 
The budget shall also include definite recommendations of the governor 21 
for financing the expenditures recommended, and the relative amounts 22 
to be raised from ordinary revenue, direct taxes or loans. All appropri- 23 
ations based upon the budget to be paid from taxes or revenue shall be 24 
incorporated in a single bill to be designated the general appropriation 25 
bill. With the butlget the go\ernor shall submit to the general court 26 
such messages, statements or supplemental data relative thereto as he 27 
deems expedient, and from time to time during the session of the general 28 
court he may submit supplemental messages on recommendations relative 29 
to appropriations, revenues and loans. 30 



Estimates for 
building con- 
struction, etc., 
to be accom- 
panied by pre- 
liminary 
studies, etc. 
1859, 177, § 1. 
G. S. 15, § 43. 
P. S. 16, § 39. 
R. L. 6. § 42. 
1907, 620, 
§§1-4. 

1910, 220, § 3. 
1912, 719, § 3. 
1914, 762, § 4. 
1918, 290, 
«l-3, 5. 



Section 7. Estimates for building construction and institutional 1 

development filed under section four shall be accompanied by pre- 2 

liminary studies and general specifications sufficient for a careful esti- 3 

mate by a competent contractor, and at least one such estimate of the 4 

cost of any new construction, including heating, plumbing, lighting, 5 

ventilation and equipment, for alteration or repair of existing construe- 6 

tion when such estimate exceeds five thousand dollars. Copies of such 7 

preliminary studies and estimates shall be filed in his office by the oflScer 8 

having in charge such construction, alteration, repair or development. 9 

Preliminary studies so submitted shall not be changed or amended there- 10 

after in any respect, except with the written approval of such oflScer, 11 

and such changes shall be kept on file distinct from the original studies 12 

authorized. 13 



Procedure 
wiien general 
court author- 
izes construc- 
tion, etc. 
1907, 520, 
§§ 2, 3. 

1914,762, §4- 
1918, 290, 
§§ 3, 5. 



Section 8. The officer in direct charge of such construction, altera- 1 

tion, repair or development, shall obtain working plans and specifi- 2 

cations, when so authorized by the general court, shall advertise in a 3 

reasonable number of newspapers for proposals for the performance of 4 

such work, and shall award the contract to the lowest responsible and 5 

eligible bidder; but no contract shall be awarded for a sum in excess of 6 

the appropriation available therefor. 7 



ClL\P. 29.] STATE FINANCE. 219 

1 Section 9. To meet the expenses incurred under section seven in Payment for 

2 any case where the general court fails to make an appropriation to genSarcoun*^" 

3 carry out the construction, alteration, repair or development asked ippruprSon 

4 for, reasonable amounts in compensation for such preliminary studies, conTtruction 

5 specifications and estimates not exceeding one per cent of the estimated f^j „„ 

6 cost of the work may be expended ; provided the general court makes lo'^i eh] 

7 an appropriation therefor. i9i8,'29o, § 4. 

1 Section 9A. The metropolitan district commission shall include in Metropolitan 

2 its budget estimates for each of the functions under its control for each mL'si™ to""' 

3 fiscal year after that ending November thirtieth, nineteen hundred and budget""'^ 

4 twenty-eight, an item covering the amounts contributed by the com- cert^in'"^ 

5 monwealth as pensions under sections one to five, inclusive, of chapter contributions 

6 thirty-two during the preceding fiscal year on account of the death or wealth as 

7 retirement of employees, officers and officials formerly employed in the igaslTIi,"!"'!. 

8 performance of such function, including, in the case of those whose 

9 services cannot be entirely allocated to any one function, those parts of 

10 such amounts properly allocable to such function and also including as 

11 employed in the performance of its water function those employed by 

12 the metropolitan district water supply commission, and the amount of 

13 such item shall be assessed upon the proper district as a part of the 

14 cost of the maintenance of such function; provided, that, in the case of 

15 employees, officers and officials formerly employed in the performance 

16 of its boulevard functions, only one half the amounts contributed by 

17 the commonwealth as pensions as aforesaid shall be so included and 

18 assessed. After an appropriation has been made covering each such 

19 item, the amount thereof shall be approved for payment by the metro- 

20 politan district commission as a pajt of the cost of maintenance of the 

21 function for which the estimates were made and shall be credited to the 

22 general revenue of the commonwealth. 

1 Section 10. Officers or departments having charge or supervision of officers, etc., 

2 expenditures in behalf of the commonwealth may continue expendi- expenditures 

3 tures in each year at the rate authorized by appropriations for the prereding 

4 preceding fiscal year, until the general court makes an appropriation issl'.m'sis. 

5 therefor or provides otherwise. ^' ^' ^^' * '*^- 

p. S. 16. § 37. 1905, 211, § 10. 1919, .5; 20. 

R. L. 6, § 40. 1918, 257, § 7. 1920, 2. 

1 Section 1 1 . The state treasurer shall make advances to members of Ativances to 

2 the senate and house of representatives on account of compensation general court. 

3 due for services and traveling expenses in accordance with existing 

4 laws at the rate authorized by appropriations for the preceding fiscal 

5 year, until the general court makes an appropriation therefor or provides 

6 otherwise. 

1 Section 12. Unless otherwise specifically provided therein, appro- Appropria- 

2 priations by the general court for ordinary maintenance shall be made madl'telacai 

3 for the fiscal year established for the commonwealth. ^go5 211, § 12. 



1 Section 13. An unexpended balance of an appropriation for 'ordinary Unexpended 

2 maintenance of any fiscal year may be applied in the succeeding fiscal fo^mSinf^"^ 

3 year to the payment of expenses incurred during the fiscal year for which r858"rT3^' 

158, I is. 



220 



STATE FINANCE. 



[Chap. 29. 



G. S. 15, 
S§ 31, 40. 
P. S. 16, 5 30. 



the appropriation was made; but any balance then remaining shall 4 
revert to the commonwealth. 5 

1920, 2. 



R. L. 6. §31. 
1905, 211, §7. 



1918, 2,W, § 6. 

1919, 5. 



Application of 
appropriations 
for other than 
ordinary 
maintenance. 



Section 14. An appropriation for any purpose other than ordinary 1 

maintenance shall not be available for more than two years after the 2 

date of the appropriation act, except that payments may be made there- 3 

after to fulfil contracts and other obligations entered into within the 4 

said two years. 5 



fppJopr'iations SECTION 15. An appropriation shall supersede an earlier one made 1 
1858, 11, i 6. ■ for the same object. 2 

1859, 272, § 6. G. S. 15, 5 39. P. S. 16. § 35. R. L. 6, § 33. 



Payments 
from ordinary 
revenue, etc. 
1858, 11, i 8; 
158, § 10. 
G. S. 15, 5 33. 
P. S. 16, § 33. 
R. L. 6, 5 38. 
1905, 211, 5 9. 



Section 16. Payments authorized by appropriation acts shall be 1 

made from the ordinary revenue, if no other provision is expressly made 2 

therefor. Cash from the ordinary revenue on hand at the beginning of 3 

each fiscal year shall be carried to the account of the ordinary revenue 4 

of that year. 5 

8 Allen, 247. 



Payment 
withheld from 
person having 
unadjusted 
account. 
1858, 11, §2; 
158, § 13. 
G. S. 15, § 32. 
P. S. 16, 5 31. 
R. L. 6, 5 34. 
8 AUen, 247. 



Section 17. An appropriation act shall not be construed to require 1 

a payment to a person with whom the commonwealth has an unadjusted 2 

account. The governor, upon receiving satisfactory information that 3 

money is illegally withheld from the commonwealth by any person, 4 

shall instruct the state treasurer to withhold all payments to him until 5 

he pays such account. 6 



Payments 
from the treas- 
ury regulated. 
Const, pt. 2, 
c. 2, § 1, 
art. 11. 
(Const. Rev. 
art. 125.) 
1849, 56, 5 2. 
1856, Res. 74. 
1858, 1, § 1. 
G. S. 15, § 30. 
1867, 178, i 4. 
P. S. 16, § 28. 
R. L. 6, § 28. 
1910, 342. 
1923, 362. 5 24. 
1927, 222, § 4. 
1931, 426, 
5 137. 
13 AUen, 593. 



Section IS. Except as otherwise provided, no money shall be paid 
by the commonwealth without a warrant from the governor drawn in 
accordance with an appropriation then in effect, and after the demand 
or account to be paid has been certified by the comptroller; provided, 
that the principal and interest on all public debts shall be paid when 
due without any warrant and that no appropriation shall be required 
for the payment of principal or income of funds held in trust by the 
commonwealth, or of sinking funds to meet maturing bonds, or of 
treasury notes issued for duly authorized temporary loans, or of cor- 9 
poration and other taxes collected by the commonwealth for distribu- 10 
tion to towns, or for the investment of such funds as the state treasurer 11 
is duly authorized to invest, or for payments authorized by law out of 12 
the several prison industries funds, or for refunds of taxes or penalties 13 
or for refunds or payments of interest or costs lawfully made pursuant 14 
to the provisions of chapters fifty-eight to sixty-five A, inclusive; and, 15 
provided, further, that the governor may, without an appropriation, 16 
draw his warrant for the payment of his own salary and the salaries of 17 
the justices of the supreme judicial court. No certificate shall be required IS 
from the comptroller for payment of the pay rolls of the members of 19 
the council and general court. 20 



Itemized bills. 
1852, 33, § 1. 
1856, Res. 74. 
G. S. 15, § 49. 
P. S. 16, § 32. 
R. L. 6, § 29. 



Section 19. No account against the commonwealth shall be allowed 
or paid unless authority to contract the same was given by the general 
court or by either branch thereof nor unless the items thereof are 
specified. 



Chap. 29.] state finance. « 221 

1 Section 20. No account or demand requiring the certificate of the Payments 

2 comptroller or warrant of the governor shall be paid from an appropria- priSionrhow 

3 tion unless it has been authorized and approved by the head of the i85g!'rm'^ 74. 

4 department or office for which it was contracted; nor shall any appro- isw,' m.S^i. 

5 priation be used for expenses, except gratuities and special allowances r f; ^'''/so^' 

6 by the general court, unless full and properly approved vouchers there- 1^23, 362, § 25. 

7 for have been filed with the comptroller. 

1 Section 21. When the law provides that expenses of a state officer, Specific ap- 

2 department or division thereof shall be subject to the approval of the expense" by °* 

3 governor and council, specific approval of the governor and council rovInriUoT'' 

4 shall not be required for the office expenses thereof. required. 

1918, 257, §4. 1919,5. 1920,2. 

1 Section 22. Except as otherwise expressly provided, no greater sum Payments iim- 

2 from an appropriation shall be drawn from the treasury at any one time incurred."'"^"^'' 

3 than is necessary to meet expenses then incurred. 

1874, 360. § 2. P. S. 16, § 36. R. L. 6, 5 39. 

1 Section 23. Any officer authorized to expend money in behalf of Advances from 

2 the commonwealth may have money advanced to him from the treasury iss^. 179. 

3 for such purposes, in such sums and subject to such rules and regulations 1887, 269, § 5. 

4 as the comptroller may determine. 

1888,322.5 1. 1907. 466. § 1. 1914, 45, § 1; 370. 

1890,58,5 2. 1908.178. 1916,241,5 1. 

1894, 314. 1909, 218; 514, §§ 15, 145. 1917, 344, I, 5 14. 

1895, 10. 1910, 488. 1919, 3.50, 5§ 17, 82. 
R. L. 6. 5 35; 106, 5 6. 1912. 71, 5 1; 145; 352. 1921, 342. 

1905, 369, § 1. 1913, 444, 5 1. 1923, 362. 5 26. 

1 Section 24. Such officers shall certify that the amount is needed 2.ft""im- 

2 for immediate use, and, as specifically as may be, the purposes for which 5's8'i"'l79''|''2 

3 the expenditure is required. The certificate shall bear the approval R l'c. §36. 

4 of the officer or department having the supervision of such expenditure ' ^ ' 

5 and, when filed with the comptroller, his certificate and the warrant and 

6 payment shall follow as in case of claims against the commonwealth. 

1 Section 25. Such officers shall, within thirty days after receipt of j^t^?,"J™' j" 

2 an advance, file with the comptroller a detailed statement of the amounts 'roller. 

3 expended subsequent to the previous accounting, approved by the officer wso! 58, ' 

4 or department authorized to supervise such expenditure, with vouchers r* l. 6. § 37. 

5 therefor if they can be obtained. All advances so made shall be ac- iS Ilk § 2s. 

6 counted for and vouchers therefor filed with the comptroller before 

7 December first in each year. 

1 Section 26. Expenses of offices and departments for compensation Expenses not 

2 of officers, members and employees and for other purposes shall not ex- p^opriltfons' 

3 ceed the appropriations made therefor by the general court. No obli- ouir|d'in"ex"" 

4 gation incurred by any officer or servant of the commonwealth in excess no?to''fm°Le 

5 of the appropriation for the office, department or institution which he "ability on 

6,11,. ,...,. , ,, .,„ commonwealth, 

represents shall impose any liability upon the commonwealth. If ex- i858, 11,57; 

7 penditures are made in excess of appropriations, the officers having c%. is^ § 41. 

8 charge of such expenditures shall annually, on or before December r^I'/c.'^s 37.' 

9 fifteenth, report to the comptroller the details thereof with the reasons fgoklii^f 10. 

10 therefor, and he shall make a special report of the same to the general j^J^; fs^o!' 

1 1 court early in its session. § 13.' 

1920. 2. 1923, 362, 5 29. 



222 



STATE FINANCE. 



[Chap. 29. 



Expenses and 
increases 
regulated. 
Exception as 
to certain 
contracts by 
department of 
public works. 
1858. 158, § 14. 
G. S. 15, § 42. 
P. S. 16, § 38. 
1897, 128, § 2. 
1923. 387. 
1930. 5. 



Section 27. No public officer or board shall incur a new or unusual 1 

expense, make a permanent contract, increase a salary or employ a new 2 

clerk, assistant or other subordinate unless a sufficient approjjriation to .3 

cover the expense thereof has been made by the general court, except 4 

that prior to the effective date of the general appropriation act the de- 5 

partment of public works, in anticipation of appropriations therefor, 6 

may, in any fiscal year, with the approval of the governor and council, 7 

make contracts for the construction and reconstruction of state highways 8 

binding the commonwealth to an amount not in excess of twenty-five 9 

per cent of the amount appropriated during the preceding fiscal year 10 

for the same purposes, such contracts to provide for the completion of 11 

the work thereunder within the fiscal year in which they are made. 12 



^^bi?Wn'°t Section 28. The cost of printing and publishing any publication 1 

publications. issucd by Or on behalf of the commonwealth by any office or depart- 2 

ment shall be paid from the appropriation for such office or department. 3 



Transfer of 
funds with 
approval of 
comptroller. 
1918, 38. 
1923, 3B2, § 30, 



Section 29. No transfer of funds from one item of account to 1 

another on the books of any officer or board having charge of any office, 2 

department, institution or undertaking receiving an annual appropria- 3 

tion from the commonwealth, upon which items of account such annual 4 

appropriation is based, shall be made without the written approval of 5 

the comptroller. 6 



Insurance. 
1879, 296. 
P. S. 16, § 39. 



Section 30. No officer or board shall insure any property of the 1 
commonwealth without special authority of law. 2 



R. L. 6, § 42 



Salaries, 
when payable. 
Advances. 

1858, 11, 
§§3,4. 

1859, 272, § 4. 
G. S. 15, § 36. 

1867, 263. 

1868, 4. 

P. S. 16, 5 54. 
1895, 34. 
R. L. 6, § 58. 
1928, 183, § 1. 
98 Mass. 484. 
Op. A. G. (1920) 
282, 283. 



Section 31. Salaries payable by the commonwealth shall, unless 1 

otherwise provided, be paid on the first day of each month, and shall 2 

be in full for all services rendered to the commonwealth by the persons 3 

to whom they are paid. Advances on account of salaries may be made 4 

under such regulations as the state treasurer may prescribe, not exceeding 5 

the proportion of salary then due, nor oftener than once in seven days 6 

nor after the twenty-fifth day of the month. No salary shall be paid 7 

to any person for a longer period than that during which he has been 8 

actually employed in the duties of his office. If a salary shall be diniin- 9 

ished, no greater rate shall be paid because of any previous appropriation 10 

therefor. Notwithstanding the foregoing provisions of this section, the 11 

annual salary of each teacher and each supervisor employed in any 12 

school within the department of education, whose regular service is 13 

rendered from September first to June thirtieth, shall be for his service for 14 

the number of weeks established by the department for such school to 15 

be in session during said period, payable, however, in equal instalments Ki 

on the first day of each month, and the amount earned and unpaid at 17 

the time of his resignation, retirement, death or entry on leave of ab- IS 

sence shall be paid forthwith to the persons entitled thereto. 19 



Sipaid^Jhicks. Section 32. All checks given by the state treasurer and not paid 1 
R°L o'^§ 5V' within one year after issue shall be payable only at the office of the said 2 
1906,487. treasurer. 3 



Section 33. 1Repe.\led, 1931, 426, § 2.] 



1 



Chap. 29.] state fin.^nce. 223 

1 Section 34. The state treasurer may deposit any portion of the Dep9sitot 

2 public moneys in his possession in such national banks, or trust com- fsw'.^h"'"''^'' 

3 panics, lawfully doing business in the commonwealth, as shall be ap- fsoi, aV^ ^^' 

4 proved at least once in three months by the governor and council; but {922' lo'®'' 

5 the amount deposited in any one bank or trust com[)any shall not at 
G any one time exceed forty per cent of its paid up capital. For the pur- 
7 pose of paying the principal or interest due on any bond, note or other 
S obligation of the commonwealth, which is payable in the city of New 
9 York, he may keep on deposit in any national bank or trust company in 

10 sail! city, approved for the purpose by the governor and council, a sum 

11 not exceeding in the aggregate twenty-five thousand dollars, provided 

12 that for a period of two weeks prior to the date of any such payment or 

13 payments, said amount may be increased by a sum or sums sufficient 

14 to cover the same. A state treasurer making any deposit in violation of 

15 the foregoing provision shall be deemed guilty of misconduct and mal- 

16 administration in his office within the meaning of the constitution; and 

17 any bank or trust company receiving any deposit in violation thereof shall 

18 be disqualified from receiving said moneys for the period of three years 

19 from the date of said deposit. All interest received on any deposits 

20 under this section shall be paid to the commonwealth. 

1 Section 35. No bond or security belonging to the commonwealth Assignment 

2 shall be transferred except with the written approval of the governor. mo^?gages, etc. 

3 A note, bond, mortgage or other security which has been made to the a's.' if,' | le. 

4 state treasurer by name may be assigned, transferred or discharged by }^|; ^^-^^2' 

5 him or by any successor in office. 



1 Section 36. If the state treasurer is authorized to discharge a state treasurer 

2 mortgage held by the commonwealth, he may instead thereof assign "nsfeaTof" 

3 it; but such assignment shall not impose upon the commonwealth any mortgage. 

4 liability, express or implied. 

1847, 195. G. S. 15, § 13. P. S. 16, 5 57. R. L. 6, § 63. 



1 Section 37. Real estate acquired by the commonwealth by foreclosure state treasurer 

2 may, with the approval of the governor and council, be conveyed by "fate'h'eid'by 

3 the state treasurer upon payment of the amount of the mortgage debt i°804,'To3?5 1. 

4 with the interest and expenses accrued thereon. 

1856, 68, 5 1. G. S. 15, § 14. P. S. 16, 5 58. R. L. 6, § 64. 



1 Section 38. Funds over which the commonwealth has exclusive investment 

2 control shall be invested by the state treasurer, with the approval of °o4''monweaith. 

3 the governor and council, as follows: p^H'i'e^jeo' 

4 (a) In the public funds of the United States or of the District of jf *£■ ^''^ gs 

5 Columbia or of this commonwealth, or in the legally authorized bonds isie, 192. ' 

6 of any other New England state, or of any other state of the United 

7 States, other than a territory or dependency thereof, which has not less 

8 than seven hundred and fifty thousand inhabitants as established by 

9 the last national census, and which has not within the twenty years 

10 prior to the making of such investment defaulted in the payment of 

11 any part of either principal or interest of any legal debt. 

12 (6) In the bonds or notes of a county, city or town of this common- 

13 wealth. 

14 (c) In the bonds or notes of an incorporated district in this common- 

15 wealth whose net indebtedness does not exceed five per cent of the last 

16 preceding valuation of the property therein for the assessment of taxes. 



224 STATE FINANCE. [ChAP. 29. 

(d) In the bonds or notes of any city of Maine, New Hampshire, 17 
Vermont, Rhode Island or Connecticut, whose net indebtedness does 18 
not exceed five per cent of the last preceding valuation of the property 19 
therein for the assessment of taxes; or of any county or town of said 20 
states whose net indebtedness does not exceed three per cent of such 21 
valuation; or of any incorporated water district of said states which 22 
has within its limits more than ten thousand inhabitants, and whose 2.3 
bonds or notes are a direct obligation on all the taxable property of such 24 
district, and whose net indebtedness does not exceed three per cent of 25 
such valuation; provided, that there is not included within the lunits 26 
of such water district, either wholly or in part, any city or town the 27 
bonds or notes of which are not a legal investment. 28 

(e) In the legally authorized bonds for municipal purposes of any 29 
city of any state of the United States, other than one of the New England 30 
states, whose bonds are eligible under subdivision (a) of this section; 31 
provided, that such city was incorporated as such at least twenty-five 32 
years prior to the date of such investment, and has at such date not 33 
less than thirty thousand nor more than one hundred thousand inhabit- 34 
ants, as established by the last national census preceding such date, 35 
and that its net indebtedness does not exceed five per cent of the valua- 36 
tion of the taxable property therein, to be ascertained by the last pre- 37 
ceding valuation of property therein for the assessment of taxes. 38 

(/) In the legally authorized bonds for municipal purposes of any city 39 

of any state of the United States, other than one of the New England 40 

states, whose bonds are eligible under subdivision (a) of this section; 41 

provided, that such city was incorporated as such at least twenty-five 42 

years prior to the date of such investment, and has at such date more 43 

than one hundred thousand inhabitants, established in the same manner 44 

as is provided in subdivision (e) of this section, and that its net indebted- 45 

ness does not exceed seven per cent of the valuation of the taxable prop- 46 

erty therein, to be ascertained as provided in said subdivision (e). 47 

ig) In subdivisions (d), (e) and (/) of this section the words "net 48 

indebtedness" mean the indebtedness of a county, city, town or district, 49 

omitting debts created for supplying the inhabitants with water and 50 

debts created in anticipation of taxes to be paid within one year, and 51 

deducting the amount of sinking funds available for the payment of the 52 

indebtedness included. 53 



o 



Registration SECTION 39. When the commonwealth holds any bond, note or 1 

of bonds, etc., n., i'ii_ 

held by the Certificate of indebtedness pavable to bearer and issued by a county, 

commonwealth. . ... , • • i j_ 'i o 

1909. 136. city, town or district or any domestic corporation, such county, city, 6 

1917] lie! town, district or corporation shall, at the request of the state treasurer, 4 

issue in exchange therefor a bond, note or certificate of the same effect, 5 

payable to the commonwealth by name. The commonwealth shall 6 

pay the expense involved in making such exchange. Any county, city, 7 

town, district or corporation neglecting or refusing to comply with 8 

this section shall be punished by a fine of not more than fifty dollars. 9 

3ith*stite™''° Section 40. No deposit required to be made by any corporation in 1 

treasurer trust with the statc treasurer, or any part thereof, shall consist of a 2 

1893, 224'. mortgage upon real estate or of a loan upon personal notes or of notes 3 

secured by collateral. He may receive, as a part of such deposit, money 4 

or certificates of deposit, or certified checks on any approved state de- 5 



CllAP. 29.] STATE FINANCE. 225 

6 positary, and may hold the same without interest until it may reason- 

7 ably be invested in a proper legal security. 

1 Section 41. The state treasurer shall have the custody and keep a custody of 

2 separate account of all notes, bonds and mortgages belonging to the b""mKing"t'o 

3 commonwealth, and shall receive all money accruing therefrom. All i''83o'."98.""^'''"'' 

4 deeds and instruments conveying real estate to the commonwealth shall, g; g; \l\ \ Jg 

5 when recorded, be deposited with and safely kept by him. 

1870,329. P. S. 10, §§ 19. 20. R. L. 6, § 67. 

1 Section 42. The governor shall, annually in August, appoint a com- Annual ejami- 

2 mittee of the council, which shall examine the value of the notes and sc^cSes 

3 securities in charge of the state treasurer and report thereon to the gov- of*'cou"ndi."" 

4 ernor and council, who may direct him to sell or to collect notes or p^f ; /g.'^S If ; 

5 securities over which the commonwealth has exclusive control and to R- l. e, § es. 

6 reinvest the proceeds according to section thirty-eight. 

1 Section 43. [Repealed, 1926, 143.] 

1 Section 44. The income or any surplus of funds belonging to or in Unappropriated 

2 the custody of the commonwealth shall, unless otherwise provided, be ism^Is, 5 4. 

3 added to the principal. 

p. S. 16, § 02. R. L. 6, § 69. 

1 Section 45. When any sinking fund of the commonwealth, with its Application of 

2 accumulations added, calculated on the basis on which the funds are ITSiT"'^ 

3 figured, contains more than an amount sufficient to extinguish at ma- m^m ofl^nk-' 

4 turity the indebtedness for which it was established, the state treasurer J"n^,|j"3''* 

5 shall add such surplus to any other sinking funds which are not suffi- J»«^' 259 ^^ 

6 cient with their accumulations, so calculated, to meet the indebtedness 1912, 3,' 

7 for which they were established. In determining the sufficiency of any op. a. g. (1920) 

8 sinking fund under this section, obligations of the United States, and ob- 

9 ligations of the commonwealth, or of any county, city or town thereof, 

10 which mature on or prior to the date of maturity of the indebtedness 

11 on account of which said sinking fund was established, shall be figured 

12 at their par value; but all other obligations or other securities in said 

13 sinking fund shall be figured at their fair market value at the time such 

14 determination of sufficiency is made, but not exceeding the par value 

15 thereof. No securities shall hereafter be purchased for any sinking fund 

16 which do not mature on or prior to the maturity date of the indebtedness 

17 on account of which said sinking fund was estabUshed. 

1 Section 46. The state treasurer, instead of selling any securities, Transfer of 

2 belonging to any fund over which the commonwealth has exclusive con- one fund to 

3 trol, to meet maturing liabilities, may transfer them to any other such lsoVti. 

4 fund upon terms and conditions approved by the governor and council. r.l.6%V?' 

1 Section 47. The state treasurer may borrow at any time during a state treasurer 

2 fiscal year, in anticipation of the receipts for that year, including assess- "mTcipaUon of 

3 ments for the metropolitan districts, such sums of money as may be conit'^amend. 

4 necessary for the payment of ordinary demands on the treasury, includ- ^^^gl^^■ r^^ 

5 ing interest and maintenance charges of said districts, and may issue jg\o^\o3 

6 notes therefor. Money so borrowed and notes so issued may be at i9ii! 3; 4. 



226 



STATE FINANCE. 



[Chap. 29. 



such rates of interest as shall be found necessary. He shall repay any 7 

sums borrowed under this section as soon after said receipts are paid as 8 

is expedient, but in any event before the close of the fiscal year in which 9 

the same were borrowed. He may collect proportionately from the 10 

cities and towns of each such district all interest that may be paid upon 11 

money borrowed for that district under this section. 12 

Section 48. Notes for money borrowed in anticipation of the re- 1 

~ - " s 99 ceipts shall be signed by the state treasurer, approved by the governor, 2 

i&ls. Res! is! and countersigned by the comptroller. 3 

G. S. 15, § 34. R. L. 6. 5 72 1923, 362, § 32. 



Notes for 
borrowed 
money. 



Bonds, etc., 
to be issued 
on aerial pay- 
ment plan. 
1903, 226, § 1. 
1912, 3, 
§§ 1, 6. 



Section 49. The state treasurer shall issue all bonds or scrip of the 1 

commonwealth upon the serial payment plan. The said plan shall pro- 2 

vide for the issue of bonds or scrip to be paid serially in such amounts 3 

and at such times as he shall determine, with the approval of the gov- 4 

ernor and council, to be for the best interests of the commonwealth; the 5 

bond last payable in any such issue shall become due at a date not later 6 

than the time named in the act authorizing such issue. 7 



Amount to be 
included in 
state tax. 
1003, 226, § 2. 
1912, 3. § 2. 
1923, 362, § 33. 



Section 50. He shall annually certify to the budget commissioner 
the amount necessary to be included in the state tax to provide for such 
serial payments of any bonds or scrip of the commonwealth, and the 
amount shall be included in the state tax to be assessed for the year in 
which such payments are to be made. 



Assessments 
on metropoli- 
tan districts. 
1903, 226. § 3. 
1905, 169. 
1912, 3, § 3. 



Section 51. On all bonds or scrip issued for the benefit of any of the 1 

metropolitan districts, so called, the state treasurer shall assess upon 2 

the said metropolitan districts annually amounts necessary for the pay- 3 

ment of the serial bonds falling due, and shall collect the same in the 4 

same manner as assessments for sinking fund purposes are collected. 5 



Application of 
premium. 
1912, 3, §4. 



Section 52. Any premium received on the sale of bonds or scrip shall 1 
be applied to the payment of the principal of the first bonds which mature. 2 



Proposals for 
certain bonds 
or notes issued 
tiy common- 
wealth. 
1904, 263, § 1. 



Section 53. Whenever there is to be an issue of bonds or notes of 
the commonwealth maturing at a time later than one year from their 
dates, excepting such bonds or notes as are to be issued for the invest- 
ment of cash in any of the sinking or other established funds of the 
commonwealth, the state treasurer shall invite proposals for the pur- 
chase thereof by advertisement, which shall be published at least ten 
days before the time for receiving such proposals, in not less than four 
daily papers published in the commonwealth, at least two of which shall 
be published in Boston, and in at least one paper published in the city 
of New York. Such advertisement shall state the time and place for 10 
opening the proposals in answer thereto, and shall reserve the right to 11 
reject any or all proposals. The proposals shall be opened in public by 12 
the state treasurer at the place specified in said advertisement, and in 13 
the presence of such of those who have made proposals as may desire to 14 
attend. If no proposal is accepted the whole or any part of the loan may 15 
be awarded to any person. 16 



Deposits by 
bidders. 
1904, 263, 5 2- 



Section 54. Every bidder, as a condition precedent to the considcra- 1 
lion of his proposal, shall deposit with the state treasurer in cash, or by 2 



Chap. 29.J state finance. 227 

3 certified check drawn to the order of the state treasurer upon some state 

4 or national bank or trust company doinp: business in this commonwealth 

5 or in the city of New York, an amount to be fixed by the state treasurer, 

6 but not to exceed two and one half per cent of the amount of his proposal. 

1 Section 55. The state treasurer may annually expend such sums Payment of 

2 as the general court shall appropriate for the purpose of providing for safe! eTc of 

3 and advertising sales of bonds for the direct debt of the commonwealth i9"3,^376°' 

4 and for the purpose of preparing and paying for bond books necessary 

5 for such sales. But, when bonds of the commonwealth are issued, the 

6 payment of which is provided by assessments upon the metropolitan 

7 or other districts, the expenses of providing for and advertising sales and 

8 for the preparing and paying for bond books shall be paid from the main- 

9 tenance appropriation of the district from which the assessment is to be 
10 received. 

1 Section 56. The state treasurer, with the approval of the governor Transfer ot 

2 and council, may transfer funds remaining in his hands from the sale of ?e"cdpts"fr'om 

3 bonds and other securities issued for specific purposes, when such pur- if^^ °' ''°'"'^' 

4 poses have been fully accomplished and said bonds or other securities }g2f; 352; § 34. 

5 so issued paid in full, to such sinking funds or such other accounts for 

6 the reduction of outstanding indebtedness of the commonwealth as may 

7 be approved by the comptroller. 



1 Section 57. The principal and interest of all bonds or scrip of the Bonds or scrip 

2 commonwealth when due shall be paid in gold coin or its equivalent, gold" 

1862, 82. 1878, 11. 1890, 94. R. L. 6, § 73. 



1 Section 58. The state treasurer may, upon terms and regulations issue of reg- 

2 prescribed by the governor and council, issue, in denominations of not change for"^" 

3 less than one thousand dollars, registered bonds in exchange for any isct^ss™ ^' 

4 coupon bonds of the commonwealth, which, with the exception of the j} }•■ Jg 

5 coupons, shall be in conformity with the laws authorizing the issue of ^^ ff ,f®j 74 

6 such coupon bonds. He shall mutilate and retain the bonds so received l?J:\?^^' L\^- 

7 in exchange. The comptroller shall certify such registered bonds; and 

8 he and the state treasurer shall each keep a register of their dates, num- 

9 bers and amounts, the names of the persons to whom they were issued, 

10 when they are payable, and for what bonds they were issued in exchange. 

11 The state treasurer may also, upon the same terms and regulations, issue 

12 in substitution for mutilated, defaced or endorsed bonds presented to 

13 him other bonds of like or equivalent issues. 

1 Section 59. If it appears to the governor and council that any issue of dupK- 

2 interest-bearing bond of the commonwealth identified by number and wh™ "rigfnais 

3 description has, without bad faith upon the part of the owner, been lost „ desuoye'r' 

4 or destroyed, wholly or in part, they shall, under regulations and with p*^|' f|/§ lo." 

5 restrictions as to time and retention for security or otherwise prescribed R- ^ 6, 5 76. 

6 by them, order the state treasurer to issue d registered duplicate of such 

7 bond, payable at the same time, bearing the same rate of interest as the 

8 bond lost or destroyed, and so marked as to show the number and date 

9 of the original bond. If such bond was of a class or series which has been 
10 called in for redemption before the application for a reissue, it shall be 



228 [Chaps. 29, 30. 

paid, with such interest only as would have been paid if the bond had 11 
been presented in accordance with such call. 12 



Bond of in- 
demnity by 
owner of lost 
or destroyed 
bond. 

1872, 367, § 2. 
P. S. 16, § 71. 
R. L. 6, 5 76. 



Section 60. The owner of such bond shall surrender so much thereof 
as may remain, if any, and shall give to the state treasurer a bond in 
double the amount of said lost or destroyed bond and of the interest 
which would accrue until the principal is due and payable, with two 
sufficient sureties, residents of the commonwealth, approved by the 
governor and council, conditioned to indemnify and save harmless the 
commonwealth from any claim on account of said lost or destroyed bond. 

S^olth™™* Section 61. The comptroller or any other person authorized to 

iseS'Toi § 3 approve claims for materials, supplies or other articles furnished to, or 

p. s"' 16, § 65.' for service or labor performed for, the commonwealth, may, before ap- 

1923,362, §36. proviug any such claim, require the claimant to certify on oath that all 

the articles have been furnished, for which the claim has been made, or 

that the ser\'ice or labor has been performed, and that no commission, 

discount, bonus, present or reward of any kind has been received or 

promised or is expected on account of the same. 



Agent to 

prosecute 

claims. 

1SS3. Res, 45. 

R. L. 6. § 79. 

1910, 512. 



Section 62. The governor, with the advice and consent of the coun- 
cil, may from time to time appoint an agent to examine and prosecute 
any account or claim of the commonwealth against the United States; 
and if any amount is received into the treasury of the commonwealth by 
reason of the services rendered by such agent he may be paid in full 
compensation for services and expenses such sum, not exceeding ten per 
cent of the amount so received, as may be agreed upon in advance be- 
tween the governor and council and such agent. 



1 
2 
3 

4 
5 
6 

7 

1 
2 
3 

4 
5 
6 

7 
8 

1 
2 
3 

4 
5 
6 



CHAPTER 30 



GENERAL PROVISIONS RELATIVE TO STATE DEPARTMENTS, COM- 
MISSIONS, OFFICERS AND EMPLOYEES. 



Sect. 

1. Definition of "departments". 

2. Certain offices, etc., to be placed 

temporarily under the supervision 
of some state department. 

Establishment of certain divisions 
subject to approval of governor 
and council. 

Organization of departments, etc. 

Appeal to governor and council in 
case of conflict of orders, etc. 

Head of department, etc., may desig- 
nate person to perform certain 
duties, etc. 

Designation of persons to perform 
certain duties of members, ex offi- 
ciis, of permanent state boards, etc. 

Appointment and removal of confi- 
dential employees. 

Women eligible to election, etc., to 
state offices, etc. 



3. 



4. 
5. 



6. 



6A. 



7. 



7A. 



Sect. 
7B. Women holding certain state offices, 
registration in case of change of 
name. 

8. Tenure of office of certain public 

officers. 

9. Removal of such officers. 

10. Filling of vacancies in certain offices. 

11. Taking of oaths of office. 

12. Failure to qualify. 

1.3. Fees for certain commissions, etc. 

14. Commission not to issue until bond, 

if required, approved. 

15. Amounts of certain bonds, liow fixed. 

16. Schedule bonds. 

17. Reimbursement for premiums. 
IS. Examination of bonds. 

19. Removal of principal not gi\nng new 

bonil when required. 

20. Examination of bonds of county of- 

ficers. 



ClL\P. 30.] GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. 



229 



Sect. 

21. More than one salary forbidden. 

22. Penalty for holding ofEces in viola- 

tion of law. 

23. Certain state officers may be required 

to give full time. 

24. Office hours of departments. 

25. E.xpenses of state officers, etc. 

26. Traveling expenses of state officers, 

etc. 

27. Money received for commonwealth 

to be paid over daily. E.xceptions. 

28. Books and accounts to be kept for 

fiscal year. 

29. Maintaining office and keeping books 

at state institutions. 

30. Size of paper for official letters estab- 

lished. 
30A. Uniform style of headings for official 
letterheads. 

31. Printing, etc., for departments, etc. 

32. Annual reports. 

33. To be accompanied by drafts of leg- 

islation. Submission to counsel. 
33A. To contain recommendations for 
avoidance of special legislation. 

34. Reports of special commissions to be 

accompanied by drafts of legisla- 
tion. 

35. Special reports, when made. Ap- 

peals. 
35A. Information to be furnished to cer- 
tain municipalities relative to 
amount of assessments recom- 
mended to be made upon them for 
certain new state projects, etc. 

36. Marking and record of state motor 

vehicles, etc. Distinctive number 
plates. 

37. Taking effect of certain rules and 

regulations. Filing and indexing 
thereof. 



Sect. 

38. Departments, etc., to furnish infor- 

mation concerning officials and 
employees. 

39. Construction and repair of public 

buildings, etc. Security for pay- 
ment for labor and materials. 

40. Discharge and substitution of bonds, 

etc., given to commonwealth. 

41. Itemized accounts of sales of prop- 

erty. 

42. Disposal of duplicate and obsolete 

documents, etc. 

43. Employees not to receive certain 

fees. Penalty. 

44. Officer or employee not to act as 

agent in sale of land to common- 
wealth. Penalty. 
44A. Sale, conveyance, etc., of land owned 
by commonwealth necessary for 
laying out, etc., highways. 

CLASSIFICATION OF CERTAIN STATE OFFICES 
AND POSITIONS. 



45. 



46. 



47. 



48. 



49. 
50. 



Classification of certain state offices 
and positions. Definitions. 

Rules and regulations for application 
and administration of such classi- 
fication. 

Procedure in obtaining increase of 
salary. 

Duties of incumbents of positions 
classified. 

Appeal from classification. 

Limit of application of five preceding 
sections. 



CENTRALIZED STATE PURCHASING. 

51. Purchase of materials, supplies, etc., 



52. 



by state departments, etc. 
Approval of such purchases. 



1 Section 1. The word "departments", as used in this chapter, Definition of _^ 

2 except in section two, shall, unless the context otherwise requires, mean iglsl^M,*^?'!?'. 

3 all the departments of the commonwealth, except the departments of ffss.*^^' 

4 banking and insurance and of civil service and registration but includ- 

5 ing in lieu thereof the divisions of banks and loan agencies, of insurance, 

6 of savings bank life insurance and of civil service and the several boards 

7 serving in the division of registration of the department of civil service 

8 and registration, and also including the metropolitan district commis- 

9 sion and the commission on administration and finance. 



1 Section 2. All executive and administrative offices, boards, com- Certain offices, 

2 missions and other governmental organizations and agencies, except placed" tempo- 

3 those serving directly under the governor or the governor and council, Selup^i^sion 

4 not by law placed under the direction and control of some state depart- s' ""T "'''.'^ 

Ciniiii 1 department. 

ment, shall be placed thereunder by order of the governor, with the i9i9. ^so, 5 1. 

6 advice and consent of the council, until such time as the general court 

7 shall make provision therefor. 



230 



GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChaP. 30. 



ment^'of certain SECTION 3. In all cascs whcrc the executive and administrative 1 

vctloT^ovai '^^'^'^ °^ ^ department is vested with authority to establish therein 2 

of governor divisious Hot Specifically provided for by law, the establishment of such 3 

i9i9r35o! § 9. divisions shall be subject to the approval of the governor and council. 4 

of'depLn'ments, SECTION 4. A state department, board or commission shall, upon 1 

^*°- organizing, report its organization to the state secretary. 2 

189S, 265. R- L. IS, § 4. 

go''vemor''and SECTION 5. In all cases where a question arises between executive 1 

council in case or administrative departments, or officers or boards thereof, as to their 2 

of conflict of ...... '^ , . I fY* n 

orders, etc. respcctive junsdictions or powers, or where such departments, or omcers 6 

' or boards thereof, issue conflicting orders or make conflicting rules and 4 

regulations, the governor and council may, on appeal by any such de- 5 

partment or by any person affected thereby, determine the question, 6 

and order any such order, rule or regulation amended or annulled; 7 

provided, that this section shall not deprive any person of the right to 8 

pursue any other lawful remedy. The time within which such appeal 9 

may be taken shall be fixed by the governor and council. 10 



"anient'! rtc, SECTION 6. If during the absence or disability of a commissioner or 
may designate head of an cxecutivc or administrative department or of a director or 

person to ,„,.... .... . ,, 

perform certain head of a divisiou m a department, his duties are not specially author- 
1920,' 44. ■ ized by law to be performed by another person, the commissioner or head 
of such department may designate another person in his department to 
perform the duties of such person in case of and during such absence or 
disability, but a person so designated shall have no authority to make 
permanent appointments or removals. Every such designation shall be 
subject to approval by the governor and council, and shall remain in 
force and eft'ect until revoked by the commissioner or head of such 
department or by the governor and council. 

ofTe^oMto Section 6A. If any member of a permanent state board or com- 
dutie™f'^mem- mission who serves as such by virtue of holding any other office or posi- 
oF^ermanfnt"^' *'°" '^ uuablc by Tcasou of abscucc or disability to perform his duties 
state boards, as such member, he may, by a writing filed in the office of such board or 
commission, designate an officer or employee in his department who 
shall, without additional compensation therefor, perform such duties in 
case of and during such absence or disability, but a person so designated 
shall have no authority to make any appointments or removals. Any 
such designation may in like manner be revoked at any time. 



1930, 56. 



1 
2 

3 

4 
5 
6 
7 
8 
9 
10 
11 

1 

2 
3 
4 
5 
6 
7 
8 
9 



Appointment 
and removal 
of confidential 
employees. 
1920. 205. 
1923, 3G2, § 38. 



Section 7. Each commissioner in charge of a bureau of the com- 1 

mission on administration and finance and the officer in charge of the 2 

division of personnel and standardization of said commission, and each 3 

oflncer, board and commission, other than the aforesaid commission, 4 

having supervision and control of an executive or administrative depart- 5 

ment, including the adjutant general and each ofiicer, board and com- 6 

mission, mentioned in section seventeen of chapter six, may, subject to 7 

the a[){)roval of ^Jie governor and council, employ a person to serve in a 8 

confidential capacity and may, with like approval, remove him. Such 9 

employee shall receive such compensation as shall be fixed by the officer, 10 

board or commission employing him and approved by the governor 11 

and council. 12 



Chap. 30.] gener.vl provisions as to state officers, etc. 231 

1 Section 7A. Women shall be eligible to election or appointment to women eligible 

2 all state offices, positions, appointments and employments. This section to state offioea]' 

3 shall not prevent heads of departments or officers from making requisition fgai, 449, 5 3, 

4 for male officers or employees for various positions which require special ^^^^- •^''*' 8 '• 

5 qualification of sex nor shall the commissioner of civil service be restricted 

6 from recognizing any special qualification of sex stated in requisitions 

7 made to him. 

1 Section 7B. Upon the change of name of any woman holding an women holding 

2 executive, administrative or legislative office in the state government, office" regL^tra- 

3 she shall register her new name with the state secretary. Sngeorname. 

1931, 153. 

1 Section 8. A public officer appointed for any term by the governor. Tenure of 

2 with or without the advice and consent of the council, shall hold his pubuc^officers'" 

3 office during the term for which he is appointed and until his successor in r**l'. il* 5 1. 

4 office has qualified, unless he is sooner removed in accordance with law. \l\l' 5^^' * **■ 

5 Unless otherwise provided, the beginning of the term of office of a public }54"jiasB 603 

6 officer appointed by the governor shall be the date of his appointment, 

7 or, if he is appointed by the governor with the advice and consent of the 

8 council, it shall be the date of his confirmation; but no officer shall enter 

9 upon the duties of his office until he is duly qualified as provided by law. 

[Note: — For proWsions requiring officers to take oath before entering office, see 
Const, pt. 2, c. 6, art. 1; Const, amend. 6. (Const. Rev. art. 149.)] 

1 Section 9. Unless some other mode of removal is provided by law, a Removal of 

2 public officer, if appointed by the governor, may at any time be removed issi."??!'"^' 

3 by him for cause, and, if appointed by him with the advice and consent r. l.^is, V2. 

4 of the council, may be so removed with its advice and consent. ^^^ ^^^- ^''^■ 

1 Op. A. G. 140. 

1 Section 10. Any vacancy in any office, the original appointment to Fining of 

2 which is required by law to be made by the governor, with or without cerTa'in'offi^es. 

3 the advice and consent of the council, and for which no other method of p*s''li"'i2 

4 filling vacancies is expressly provided by law, shall be filled for the fgi^ Jfo'^' 

5 unexpired term in the manner provided for an original appointment; 1931:426,53. 

6 and the appointment of a successor of any incumbent of any such office 

7 who is holding over after the expiration of his term of office shall be 

8 made in like manner for the remainder of the term which would have 

9 begun at such expiration if his successor had then been appointed. 

1 Section 11. A person chosen or appointed to an office may, unless Taking of 

2 otherwise provided by law, take and subscribe the oaths required to con3\.°pt° 2T' 

3 qualify him before the governor, lieutenant governor, two councillors or con'sr' '' 

4 two commissioners appointed under section three of chapter two hundred (^coMt'.Rev. 

5 and twenty-two. "«■ i^^) 

1780, Res. 58. G. S. 14, § 40. R. L. 18, { 7. 

R. S. 13, § 57. P. S. 21, § 3. 

1 Section 12. A person appointed to an office by the governor with Failure to 

2 or without the advice and consent of the council shall be notified of his 1862', 109, 

3 appointment by the state secretary and his commission delivered to him, fleV, I'sl', 

4 and if he does not, within three months after the date of such appoint- |,^|; |i^ 

5 ment, take and subscribe the oaths of office, his appointment shall be ^ |; ^^ , g 

6 void, and the secretary shall forthwith notify him thereof and require 



232 



GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ClL\P. 30. 

him to return his commission, and shall also certify said facts to the 7 
governor. This section shall be printed on every such commission. 8 



Section 13. Before the delivery of a commission to a person ap- 
pointed commissioner under section three or four of chapter two hun- 
lyf'sM': ^^' dred and twenty-two, notary public, master in chancery, justice of the 
rI'Ii"§6*' peace or pilot, "he shall pay to the state secretary a fee of five dollars, 
lio?' lit' ^ ^' except that a person whose acts as a notary public or a justice of the 
R l: 18, § 9. pgj^j.g j^j^^.g been validated by the general court shall pay a fee of fifteen 
dollars before the delivery of the first commission for either of said 
offices to be delivered after such validation. Upon the change of name 
of any woman, who has been appointed and qualified as a notary public, 
she shall re-register under her new name and shall pay to the state 
secretary a fee of one dollar. 



Fees for 
certain com- 
missions, etc 



1927, 74. 
1930, 212, 



1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 



if required, 
approved. 



Section 14. If a bond is required of any person appointed to office by 1 

" ' ■■ ■ 2 



Commission 

untiibondf the governor with or without the advice and consent of the council, the 
commission shall not issue until the bond has been approved. 

p. S. 21, § 7. R. L. 18, 5 10. 



1881, 56. 



Amounts of 
certain bonds, 
how fixed. 
1917, 18. 
1920, 546. 5 4. 
1923, 362, § 39. 



Schedule 
bonds. 

1918, 2.'57, 
§ 90; 294. 

1919, 5; 144. 

1920, 2; 
546, § 1. 



Section 15. When state officials or employees are required to give 
bond in which the amount is not fixed by law, the comptroller shall fix 
the amount and shall require that such bonds be made uniform so far as 
possible. 

Section 16. State officers and heads of state departments may ar- 
range for such schedule bonds as they deem advisable, which shall take 
the place of bonds required by law of them or any of their officers and 
employees. Every such schedule bond shall be a surety company bond 
with a surety company authorized to do business in the commonwealth 
as surety, conditioned that the officers and employees named in the 
bond shall faithfully perform the duties of their offices and employ- 
ments, with other conditions or provisions required by law. 



§1. 

615. 



Reimburse- 
ment for 
premiums. 
1907, 270. 
190S, 469, 
1912, 60. 
1914, 589 

1918, 257, §§ 8, 
90; 294. 

1919, 5; 144. 

1920, 2; 
546, I 4. 



Examination 
of bonds. 
1885, 32, 
85 1.2. 

R. L. 18, § 16. 
1904, 295. 
1916, 196, S 1. 
1919. 350, 
§§46. 52. 54. 



Section 17. If an official having custody of property of the com- 1 

monwealth, or charged with the duty of receiving or disbursing money, 2 

is required to give bond to the commonwealth for the faithful discharge 3 

of his duty, the commonwealth shall reimburse him for the amount paid 4 

by him to a surety company for becoming surety on his official bond. 5 

Premiums on all surety bonds paid by the commonwealth shall be 6 

paid out of the appropriations for expenses of the several officers and 7 

departments. 8 

Section IS. Every public official having custody of any bond for the 1 

faithful performance of the duties of any office, occupation, agency or 2 

trust, reciuiring the approval of any court, public officer, department or 3 

board other than the governor and council, shall, except in those cases 4 

where the duty is imposed upon the director of accounts, annually in 5 

March examine into the sufficiency of every such bond, and shall, when- 6 

ever at any other time there is reason to believe that any such bond has 7 

become insufficient, examine into its sufficiency. Tiie governor shall 8 

appoint a committee of the council which siiall annually in March make 9 

such examination of bonils required to be approved by the governor or 10 

by the governor and council. If a bond is found upon examination to 11 



Ch.^. 30.] GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. 233 

12 be insufficient, the person who has e.xamined it shall forthwith notify 

13 the principal thereof and shall require him, within thirty days after the 

14 date of such notice, to file a new bond in conformity with law. All 

15 bonds requiring tlie approval of the state treasurer and all bonds requir- 

16 ing his examination as to their sufficiency shall, when he deems it neces- 

17 sary, be secured by a surety company approved by the commissioner of 

18 insurance. 

1 Section 19. If a new bond is not filed, as required by the preceding Removal of 

2 section, the governor, with the advice and consent of the council, shall giVi'ng''new° 

3 remove the principal from such office or trust or terminate his authority ?e°(]uired°° 

4 to exercise such occupation or agency. r**l!^iI', H7 

1 Section 20. Bonds of public officers, except officers in Suffolk Exammation 

2 county, required to be deposited with county treasurers shall, at least rauntj' officers. 

3 once a year, be examined by the director of accounts or his representa- r^l.'iIJus. 

4 tive. If such bond is insufficient, he shall report to the superior court, §552 54^*' 

5 which shall require a new bond, satisfactory to it, within such time as 

6 it shall order. 

1 Section 21. A person shall not at the same time receive more than More than one 

2 one salary from the treasury of the commonwealth. biddeu'""^ 

G. S. 15, § 36. R. L. 18, § 11. Op. A. G. (1920) 282, 283. 

P. S. 21, § S. 2 Op. A. G. 21, 309. 

1 Section 22. Whoever wilfully violates the preceding section or wil- P''f?"y^2r 

2 fully accepts or holds office in violation of article two of chapter six of in violation 

3 the second part of the constitution, as amended by article twenty-seven const^Rev. 

4 of the amendments thereof, shall forfeit to the commonwealth the Soliso. 

5 compensation from all offices held in violation of said provisions during r.l.Ys, u'2. 

6 the time they are so held, to be recovered by the attorney general, upon 

7 written complaint made within one year by any citizen. 

1 Section 23. Any person in any executive or administrative depart- Certain state 

2 ment who is appointed to office by the governor, with the advice and ?equired"tJo^ "^^ 

3 consent of the council, and who is paid a salary, may be required by the fgYg^^sso'Tn. 

4 governor, with like advice and consent, to give his whole time to the 

5 duties of his office. 

1 Section 24. The offices of all the departments of the state govern- office hours of 

2 ment shall be open to the public for the transaction of business daily, ileel^e?.™'^' 

3 except on Sundays and legal holidays, from nine o'clock in the forenoon HH] H^' 

4 until five o'clock in the afternoon, except on Saturdays, when they may fjg^g ^^di^ ^°- 

5 be closed at twelve o'clock, noon. The state treasurer shall not be i89o! 522 ^^ 

6 required to keep his office open for the receipt and payment of money isos,' 229, § i.' 

7 later than two o'clock in the afternoon. ■ p. . • 

1 Section 25. State officers, and members of departments receiving a Expenses of 

2 salary or its equivalent, who are provided with offices by the common- ""^^^ offi<=er3. 



1899, 459. 



j54. 



3 wealth and whose duties require regular attendance at such offices, shall r*^l! f. 

4 not be allowed or paid by the commonwealth any expenses in the nature '^^s, 362, § 40. 

5 of traveling or living expenses. Such officers or members of depart- 

6 ments whose duties require them to travel elsewhere than to and from 

7 the offices provided for them by the commonwealth, and unpaid state 



234 GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChAP. 30. 

officers or members of departments, and those whose duties do not 8 
require daily attendance and who receive compensation by the day, 9 
shall be allowed their actual reasonable expenses incurred in the per- 10 
formance of such duties, if such expenses are authorized by law to be 11 
paid by the commonwealth. Bills for such expenses shall be itemized 12 
and the dates when, and the purposes for which, such expenses were 13 
incurred shall be stated before their allowance by the comptroller. 14 



Traveling 
expenses of 
state officers, 

1859,221, §7. 
G. S. 15, § 48. 
P. S. 16, 5 50. 



Section 26. Such officers and members of departments to whom 1 

traveling expenses are allowed by the commonwealth shall, unless other- 2 

wise provided, receive the amount actually expended but not more than 3 

three and one half cents a mile each way actually traveled. 4 

R. L. 6, § 55. 



Money re- 
ceived for 
commonwealth 
to be paid over 
daily. 

Exceptions. 
Const, amend. 
63. § 1. 
(Const. Rev. 
art. 125.) 



Section 27. Except as otherwise expressly provided, all fees or 1 

other money received on account of the commonwealth shall be paid 2 

daily into the treasury thereof, but if in the opinion of the commission 3 

on administration and finance and the state treasurer the interests of 4 

the commonwealth require, payments may be made weekly in accord- 5 

ance with such rules and regulations as the state treasurer may prescribe. 6 



1874, 360. § 1. 
P. S. 16, § 52. 



R. L. 6. § 56. 
1914, 770, § 13. 



1921, 225. 
1923, 362, 5 41. 



?c°count°to Section 28. All books and accounts of all offices, departments, 1 

be kept for boards, commissious and institutions of the commonwealth shall be kept 2 

1905, 211,' § 1. by the fiscal year established for the commonwealth. 3 

1918, 257, § 476. 1919, 5. 1920, 2. 



Maintaining 
office and 
keeping 
books at state 
institutions. 
1887, 87, § 1. 
R. L. 6, § 16. 



Section 29. Every treasurer and disbursing officer of a state institu- 
tion shall maintain an office at his institution where all books, accounts 
and vouchers of such institution shall be kept. The books shall show 
all receipts and disbursements on account of the institution. 

1908, 195. 



firofficmf" Section 30. Official letters of departments, institutions or officials 1 

ibhed '^''''''' °^ ^'^^ commonwealth shall be written or printed, so far as practicable, 2 

1913, 702. on paper eight and one half inches wide and eleven inches long. 3 

of^hradings^for Section 30A. The state secretary, the director of personnel and 1 

letterheads Standardization and the state purchasing agent shall, after consulta- 2 

1923, 362, § 42. tion with state officers, heads of departments and superintendents of 3 

institutions, determine a uniform style of headings for letterheads to be 4 

used by all executive and administrative officers and departments and 5 

all institutions; but other styles may be authorized in limited quantities 6 

for special purposes. 7 

for'd'epar^'"" Section 31. Thc printing, binding and procuring of stationery for 1 

i856'hes"'74 ^^^ ^^^^ °^ ^^^ scvcral offices and departments of the commonwealth shall 2 

R. L. 6, § 49. be under the direction of the heads of said offices or departments and 3 

shall be approved by them. 4 



J^cportl Section 32. All annual reports required by law to be made by state 1 

iiiis 189' 5 1- officers and departments or heads thereof shall, except as otherwise ex- 2 
257. §§9. 476.' prcssly provided, cover the preceding fiscal year and, except for facts or 3 



1919, 5. 

1920, 2, 



Chap. 30.] general provisions as to state officers, etc. 235 

4 information specifically required by law, shall be a brief summary of the 

5 said year's work, together with recommendations for the succeeding 

6 fiscal year. All such reports shall, except as otherwise expressly provided, 

7 be deposited with the state secretary and by him transmitted to the 

8 general court on or before the third Wednesday in January. 

1 Section 33. State officers and departments or heads thereof, except To be accom- 

2 the commission on administration and nnance, shall annually, on or dnifis of 

3 before the first Wednesday in December, deposit with the state secretary subn^is'^on to 

4 such parts of their annual reports as contain recommendations or sug- i893!"i44. 

5 gestions for legislative action, accompanied by drafts of bills embodying fgio.lM.S^. 

6 the legislation recommended; and the state secretary shall forthwith ij^'^- 222, § i; 

7 transmit them to the general court ; provided, that such recommendations jlj^j^^'-, 2 

8 or suggestions for legislative action shall not include any requests for im 362, 5 43. 

9 appropriations or any matters required to be covered by budget esti- 

10 mates submitted to the budget commissioner under section three or 

11 four of chapter twenty-nine. Such drafts of bills shall, seasonably be- 

12 fore being deposited with the state secretary, be submitted to the coun- 

13 sel to the senate or counsel to the house of representatives for advice 

14 and assistance as to the form thereof. 

1 Section 33A. If, in the opinion of a state officer or department re- to contain 

2 quired to submit annual reports to the general court, the necessity of tfonr^avoid- 

3 enacting special bills in relation to any particular subject of legislation feglsiatir*' 

4 may, without detriment to the public interest, be avoided in whole or in '^^°' ^' ^ ^• 

5 part by the enactment of general legislation, such officer or department 

6 shall submit from time to time in such reports recommendations for 

7 such changes in or additions to the General Laws as will accomplish 

8 said purpose. 

1 Section 34. All reports' of special commissions recommending legis- Rep9rt3 of 

2 lation shall be accompanied by drafts of bills embodying the legislation nuaa'ions°t?'be 

3 recommended. byT£t^^^ 

1915, 269. 1919, 131. legislation. 

1 Section 35. State officers, departments or heads thereof may make special reporta, 

2 such special reports as the division of personnel and standardization Appca'S^ "' 

3 deems to be of practical utility. Appeal may be taken from any de- sif.'e.^*' 

4 cision of said division hereunder to the committee of the executive Ij'f'f^g' 

5 council appointed to consider matters of finance whose decision shall be i923, 362, 5 u. 

6 final. 

1 Section 35A. Reports of state oflScers, departments or heads thereof, J," n™ b^e 

2 and special commissions, recommending the expenditure of money to ''"■"'?hed to 

3 an amount in the aggregate exceeding five hundred thousand dollars for muniripaiitieB 

4 a new project or undertaking, any part of the cost of which is recom- amount of 

5 mended to be assessed upon the cities and towns of any metropolitan ?e?ommended 

6 district, shall be accompanied by a statement showing the amount, in upontllem 

7 dollars and cents, that would be assessed upon each such city and town J,°'„'^g[ate'' 

8 if such recommendation should be enacted into law. The oflicer, de- PJ^JJ^'^la^"- 

9 partment or special commission making a recommendation as aforesaid 

10 shall, upon the filing of its report containing the same, send a copy of 

11 said statement to each city and town which would be subject to such 

12 assessment. 



236 



GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChaP. 30. 



Marking and 
record of state 



Every motor vehicle purchased by the commonwealth 



Section 36 , _ 

motor vehTdes, shall be marked on a part of the vehicle not readily removable, and in 

DUtinctive a coHspicuous placc, with the words in plain letters "Commonwealth of 

I9i7!'2''i9.'''*'''' ISIassachusetts", or in such other manner as may be approved by the 

im 350, g^j^^g purchasing agent. He may make rules and regulations governing 

1923, 362, 5 45. ^jjg marking of such motor vehicles, and any appointed official who fails 

to comply with an order, rule or regulation made under authority hereof 

may be removed by the governor, with the advice and consent of the 

council. Every officer, department, board, commission or institution of 

the commonwealth operating any such motor vehicle shall keep such a 

record of the use of such vehicle, and shall make such reports in relation 11 

thereto, as may be prescribed by the comptroller. The registrar of 12 

motor vehicles shall furnish for each such motor vehicle a distinctive 13 

number plate bearing such arrangement of letters or numbers, or both, 14 

as will distinguish the particular vehicle, and the officer, department, 15 

board, commission or institution by which the vehicle is operated, and 16 

at the expense thereof. . 17 



1 
2 

3 
4 
5 
6 
7 
8 
9 
10 



Taking effect 
of certain 
rules and 
regulations. 
Filing and 
indexing 
thereof. 
1917, 307, 
§5 1. 3, 4. 
1920, 433. 
267 Mass. 501. 



Section 37. Every department, commission, board or official vested 1 
by law with the power to make and issue rules or regulations general in 2 
scope, and to be observed or performed under penalty for the violation 
thereof, shall file attested copies thereof, together with a citation of the 
law by authority of which the same purport to have been issued, with 
the state secretary, and such rules or regulations, whether or not they 
require the approval of the governor and council, or other authority, 
before taking effect, shall not take effect until so filed. The foregoing 
provision shall not apply to rules or regulations issued by commissions, 
boards or officials of towns, or to municipal ordinances or by-laws, or to 
rules or regulations affecting solely the internal management or discipline 11 
of a department, commission, board or office, nor to orders or decrees 12 
made in specific cases within the jurisdiction of a department, commis- 13 
sion, board or official. The state secretary shall file and index all rules 14 
and regulations filed with him hereunder, noting and keeping available 15 
such references to preceding rules and regulations as may be necessary 16 
for certification purposes. 17 



o 

4 
5 
6 

7 

8 

9 

10 



Departments, 
etc., to furnish 
information 
concerning 
officials and 
employees. 

1910, 268, § 1. 

1911, 43. 
1913, .'J34. 

1916, 296, § 6. 

1917, 217. 



Section 38. Every state officer, department or head thereof shall, 
whenever required by the division of personnel and standardization, 
furnish it with such information as it prescribes concerning all officials 
and employees of the commonwealth employed in or by such office or 
department for whose services money has been paid by the common- 
wealth. 

1923, 362, § 46. 



Construction 
and repair of 
public build- 
inps, etc. 
Security for 
payment for 
labor uinl 
materials. 
187S, 209. 
P. S. 16, § 64. 
R. L. 6, 5 77. 
1922, 416. 
1929, 111. 
174 Mass. 335. 
182 Mass. 480. 
197 Mass. 357. 
202 Mass. 326. 
204 Mass. 494. 



Section 39. Officers or agents contracting in behalf of the com- 1 

nionwealth for the construction or repair of public buildings or other 2 

public works shall obtain sufficient security, by bond or otherwise, for 3 

payment by the contractor and sub-contractors for labor performed or 4 

furnished and for materials used or employed in such construction or 5 

repair; but in order to obtain the benefit of such security, the claimant 6 

shall file with such officers or agents a sworn statement of his claim, 7 

within sixty days after the claimant ceases to perform labor or furnish 8 

labor or materials, and shall, within one year after the filing of such 9 

claim, file a petition in the superior court for the proper county to en- 10 



Chap. 30.) general provisions as to state officers, etc. 237 

11 force his claim or intervene in a petition already filed; and the pro- 208 Mass. 372. 

12 visions of chapter two hundred and fifty-eight shall apply to such peti- 215 m^: 369! 

13 tions. 

222 .Mass. 405. 233 Mass. 420. 259 .Mass. 310. 

1 Section 40. Bonds or other security given to the commonwealth to D^^^Jfj^i,^. 

2 secure the performance of contracts for the construction or repair of tion of bonds, 

3 public buildings or other public works, or given in accordance with the commOTweaUh. 

4 preceding section, may be discharged or released by the governor, with '**'®' ^^^■ 

5 the advice and consent of the council, upon such terms as they deem ex- 

6 pedient, after the expiration of sixty-five days from the time of the com- 

7 pletion of the work contracted to be done; provided, that no claim filed 

8 under said section is pending; and new bonds or other security in sub- 

9 stitution therefor may be taken by the governor, with like advice and 
10 consent. 

1 Section 41. If sales of property of the commonwealth are made by itemized ac- 

2 anv officer of a state institution, the superintendent thereof shall submit of property. 

3 to the trustees or other supervising board or officer an itemized account, r. l'. 6, §57. 

4 on oath, of such sales, for their approval in the same manner as accounts 

5 for materials and supplies for such institutions are approved, and such 

6 account shall be filed with the state treasurer when the proceeds are 

7 paid over to him. 

1 Section 42. The state purchasing agent, the state librarian and an Disposal of 

2 assistant attorney general designated by the attorney general, acting oteoiete^docu- 

3 as a board, in consultation with the chairman of any board or commission "920*^ 74°' 

4 and the head of any department or institution which may be interested, i^-^' 362. § 47. 

5 may, in their discretion, sell any duplicate volumes or documents, the 

6 property of the commonwealth, which are held in the state library or 

7 any other department, and they shall sell or destroy, from time to time, 

8 obsolete or worthless records, books and documents. At least thirty 

9 days before selling or destroying any such records, books or documents, 

10 the board shall publish in a daily newspaper in Boston a notice of its in- 

11 tention so to do, containing a brief description or summary of the articles 

12 to be sold or destroyed, and it shall give such other and further notice 

13 as it deems advisable to historical societies or persons interested in the 

14 matter. It may, and upon petition of twenty-five or more citizens of 

15 the commonwealth shall, before selling or destroying any particular 

16 records, books or documents, give a public hearing to all persons in- 

17 terested, and ten days' notice of such hearing shall be given in a daily 

18 newspaper published in Boston. Any money received from sales under 

19 this section shall be paid to the commonwealth. 

1 Section 43. No person employed in any state department shall re- Employees 

2 ceive for his own use any fee for copying public records or documents, or ™ VaiVteTs'.^^ 

3 for other services during office hours, but all fees therefor shall be paid to ^'le.?,' 259. s 3. 

4 the commonwealth. Whoever violates this section shall be punished by p f^ ^is. Vis- 

5 a fine of not more than one hundred dollars and shall be disqualified for i9i8. 257, § 89. 

6 employment in any state department. 1920! 2. 

1 Section 44. No officer or employee of the commonwealth shall act o*™!- ^ 

2 as agent or attorney of any person in a sale or conveyance of land to the not to act as 



238 



GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChAP. 30. 



agent in sale Commonwealth. Whoever violates any provision of this section shall be .3 

TOmmonweaith. punishefl by a fine of not more than one thousand dollars and shall be 4 

rmsoe. disqualified for employment in any state department. 5 

1918, 257, §87. 1919,5. 1920,2. 



Sale, convey- 
ance, etc., of 
land owned by 
commonwealth 
necessary for 
laying out, 
etc., 

highways. 
1927, 135. 



Section 44A. A commissioner or head of a state department having 1 

control of any land of the commonwealth may, in the name of the com- 2 

monwealth and subject to the approval of the governor and council, 3 

sell and convey to any county, city or town, or transfer to the control 4 

of another state department, so much of such land as may be necessary 5 

for the laying out or relocation of any highway. G 



classification OF certain st.ate offices and positions. 



ClaBsification 

of certain state 
offices and 
positions. 
Definitions. 
1914, SU5, 
§§ 1. 2. 5, 9. 

1918, 228, § 1. 

1919, xra. § 22. 

1923. 3U2, § 48. 
1930, 400, § 6. 
Op, A. G. (1918) 
116. 



1 

2 
3 

4 
5 
6 
7 
8 
9 
10 



Section 45. All appointive offices and positions in the government 
of the commonwealth, except those in the judicial branch and those in 
the legislative branch other than the additional clerical and other assist- 
ants in the sergeant-at-arms' office, but including registers and assistant 
registers of probate and their assistants, shall be classified by the divi- 
sion of personnel and standardization, subject to the approval of the 
governor and council, in services, groups and grades according to the 
duties pertaining to each office or position. Such classification shall be 
established by specifications defining for each grade the titles, duties and 
responsibilities, and minimum qualifications for entrance and promo- 
tion. The titles so designated shall be the official title of offices or posi- 1 1 
lions included therein, and shall be set forth on all pay rolls. The 12 
following words as used in this and the four following sections and in 13 
said classification shall have the following meanings: 14 

"Group" includes offices and positions in a separate profession, 15 
vocation, occupation or trade involving a distinctive line of work which 16 
requires special education, training or experience; 17 

"Grade", a subdivision of a group, including all positions with sub- IS 
stantially identical authority, duties and responsibility as distinct from U) 
all other grades in that group; 20 

"Advancement", an increase from one salary rate to another within 21 
a grade; 22 

"Promotion", a change from the duties of one grade to the duties of 23 
a higher grade, which shall involve a change in salary to the rates of 24 
the higher grade. 25 



Rules and 
regulations for 
application 
and adminis- 
tration of such 
classification. 
1918, 228, § 2. 
1923, 362, § 49. 
1930.400, 
§5 5,7-9. 
1931,301,5101. 



Procedure in 
obtaining in- 
crease of salary. 
1914, 005, 
§§ 1-4, 0. 



Section 46. Said division may make rules and regulations, subject 1 

to the approval of the governor and council, providing for the applica- 2 

tion and administration of the classification and the specifications 3 

established under the preceding section; and the salaries of all officers 4 

and employees holding offices and positions required to be classified 5 

under said section, except those whose salaries are now or shall be 6 

otherwise regulated by law and those whose salaries are required by 7 

law to be fixed subject to the approval of the governor and council, 8 

shall be fixed in accordance with such classification and specifications. 9 

The word "salary" or "salaries", as used in sections forty-five to fifty, 10 

inclusive, shall include compensation, however payable. 1 1 

SiX'TiON 47. Recommendations for increases in the salaries of officers 1 

and employees whose salaries are required by the preceding section to 2 



Chap. 30.] gener.\l provisions as to state officers, etc. 239 

3 be fixed in accordance with such classification and specifications, shall }^}|' |^|3j ^ 

4 be submitted in the first instance to the said division, and if approved l%^\f^^ „- 

5 by it shall take efFect upon notice by the said division to the commissioner 1923. aei's 56. 

6 of civil service and the comptroller. If the said division does not approve 142. 

7 a proposed increase in salary, it shall report the recommendation of the 

8 department or institution with its own recommendation to the governor 

9 and council whose decision shall be final, except that the governor and 

10 council shall not grant an increase in salary greater than that recom- 

11 mended by the department or institution. Increases in salaries granted 

12 under this section shall conform to such standard rates as may be estab- 

13 lished by rule or regulation in accordance with the preceding section. 

14 No increase in salary shall be granted under this section unless an appro- 

15 priation sufficient to cover such increase has been granted by the general 

16 court in accordance with estimates for the budget filed as required by 

17 law. No increase in a salary exceeding or to exceed one thousand dol- 

18 lars, authorized under this section between December first and May 

19 thirty-first, both inclusive, in any year shall take efi'ect until June first 

20 following or such later date as may be fixed by the department or insti- 

21 tution recommending such increase, with the approval of the said 

22 division or the governor and council. 

1 Section 48. Incumbents of offices or positions classified under sec- Duties of in- 

2 tions forty-five to fifty, inclusive, shall perform, so far as practicable, portions ° 

3 the duties prescribed for the respective grades, but said sections shall 19*1*8^228, 5 4. 

4 not limit or restrict administrative authorities in exercising supervision 

5 of, or control over, their employees, or in assigning related, incidental 

6 or emergency duties to them. 

1 Section 49. Any employee of the commonwealth objecting to any AppeaUrpm 

2 provision of the classification affecting his office or position may appeal loi's! 2'28!°§ is. 

3 in writing to the said division and shall be entitled to a hearing upon '^^^' ^^^' * *'' 

4 such appeal. The said division shall report thereon with such recom- 

5 mendations as it may deem expedient to the governor and council. 

1 Section 50. For the purposes of the classification authorized by Limit of 

2 section forty-five the words laborers, workmen and mechanics shall offive''pr°e^ 

3 have the same meaning as in sections thirty to thirty-six, inclusive, tfo1is.^^°'^ 

4 of chapter one hundred and forty-nine; and sections forty-five to forty- \l\l[ 3I0; ^^• 

5 nine, inclusive, of vhis chapter shall not be construed as placing state ^ i°^- 

6 employees outside the civil service laws, rules and regulations, nor 

7 shall the classification aforesaid take precedence over any rulings of the 

8 division of inspections of the department of public safety, of the board 

9 of boiler rules of said department, or of the state examiners of electri- 

10 cians, regarding the construction, care and operation of boilers, engines 

11 and other apparatus which may be under the charge of such laborers, 

12 workmen and mechanics. 

CENTRALIZED STATE PURCHASING. 

1 Section 51. All materials, supplies and other property, except legis- Purchase of 

2 lative or military supplies, needed by the various executive and admin- ruppiiL.''etc., 

3 istrative departments and other activities of the commonwealth shall panmentar 

4 be purchased by or under the direction of the purchasing bureau in the i923_ 352, § 52. 

5 manner set forth in the following section, and sections twenty-two to 



240 GENERAL PROVISIONS AS TO STATE OFFICERS, ETC. [ChAP. 30. 

twenty-six, inclusive, of chapter seven. Said bureau shall be furnished 6 

with such general supply appropriations, in addition to its departmental 7 

supply accounts, as may be necessary in order to place blanket contracts S 

or achance orders and thereby take advantage of favorable market 9 

conditions. 10 

i^uX°™'°^ Section 52. No supplies, equipment or other property, other than 1 

i923''?c" . 5, for legislative or military purposes, shall be purchased or contracted for 2 

by any state department, office or commission unless approved by the 3 

state purchasing agent as being in conformity with the rules, regulations 4 

and orders made under section twenty-two of chapter seven. Such 5 

approval may be of specific or blanket form at the discretion of the state 6 

purchasing agent. 7 



Chap. 31.] 



CIVIL SERVICE. 



241 



TITLE IV. 

CIVIL SERVICE, RETIREMENTS AND PENSIONS. 

Chapter 31. Civil Service. 

Chapter 32. Retirement Systems and Pensions. 



CHAPTER 31 



CIVIL SERVICE. 



Sect. 

1. Definitions. 

2. Certain duties of board. 

RULES. 

3. Rules. 

4. Positions to be included. 

5. Positions not to be included. 

6. Applicant entitled to three certifica- 

tions. 

7. Changes in rules, distribution and 

publication. 

EXAMINATIONS. 

8. Notices of examinations. Posting. 

9. Penalty for failure to post, or destruc- 

tion of notices. 

10. Scope of examination. 

11. Certain acts relative to examinations 

forbidden. 

12. Lists of eligibles. 

13. Statements required of applicants for 

examination. 
13.4. Physical requirements for promotion 
in police and fire departments. 

14. Labor ser%'ice. 



15. 
16. 



19 



20 



APPOINTMENTS. 

Appointment, certification, etc. 

Recommendation by public officers 
restricted. 

Certain persons ineligible. 

Names of persons employed, pro- 
moted, etc., to be reported to com- 
missioner. 

Citizens to have preference in public 
appointment. 

Appointment and promotion of police 
officers, except in Boston. 
20A. Appointments to regular police forces 
in certain cities and towns. 



Sect. 

veterans' preference. 

21. Veteran defined. 

22. Employment without examination. 

23. Preference for veterans passing ex- 

aminations. 

24. Veterans in labor service. 

25. Provisional appointment of veteran 

in absence of eligible list. 

26. [Repealed.] 

27. Reinstatement after military or naval 

service. 

28. Restoration of names to eligible Ust 

after such service. 

general powers. 

Records and files. 

Recommendations and annual re- 
ports. 

City officers to make reports, etc. 
Enforcement. Penalty. 

Summoning witnesses, etc. 

INVESTIGATIONS. 

Commissioner may investigate classi- 
fied service as to efficiency, etc. 

May investigate classified service as 
to duties, compensation, etc. 

Exemption of policemen and firemen. 

MI.SCELLANEOUS PROVISIONS. 

Provisional appointment of alien to 
terminate, etc. 

Enforcement of dismissal of alien. 

Enforcement of law and rules. 

Remedy by mandamus to collect 
salary, etc. 

Commissioner to certify laborer or 
mechanic for foreman. 

Qualifications of inspectors of ma- 
sonry. 



29. 
30. 



31. 



32. 



33. 



34. 



35. 



36. 

37. 
38. 
39. 

40. 

41. 



242 



CIVIL SERVICE. 



[Chap. 31. 



Sect. 

42. Appointment of treasurers and stew- 
ards of state institutions. 

Certain police officers in towns and 
cities except Boston, duration of 
office, removal, etc. 

Judicial review of removal, etc., of 
such officers. 

Removal, suspension, reduction in 
grade, or transfer of certain other 
persons in classified public service. 

[Repealed.] 

Judicial review of certain removals, 
etc. 

Removal, etc., of certain prison offi- 
cials. 



42A. 



42B. 



43. 



44. 
45. 



46. 



.Sect. 

46A. Petition for writ of mandamus for 

reinstatement of certain persons. 
46B. Notice to certain persons separated 

from service. 

APPLICATION OF LAW TO CITIES AND TOWNS. 

47. Application of chapter. 

48. Application to police, etc., of certain 

towns. 

49. Application to chiefs of police, etc., 

of certain cities and towns. 

50. Special laws not affected. 

GENERAL PENALTY. 

.51. General penalty. 



Definitions. 
1919, 350, 
§S 65, 66. 



Section 1. In this chapter, unless otherwise expressly provided or 1 

the context otherwise requires, the following words shall have the follow- 2 

ing meanings: 3 

"Board", commissioner and associate commissioners of civil service; 4 

"Commissioner", commissioner of civil service; 5 

"Division", division of civil service of the department of civil service 6 

and registration; 7 

"Town" shall not include city. 8 



of'bM?/"''"' Section 2. In addition to other duties imposed by this chapter and 1 

Join' ?«3' t S® chapter thirteen, the board shall hear and decide all appeals taken bv an 2 

19d0, iDV, 9 J. ^. !• "1 1 • p 1 • • PI O 

applicant, eligible person or appointee from any decision oi the com- 3 

missioner. 4 



RULES. 



Rules. 
1884, 320, 
{§ 2, 14. 

1895, 501, 5 1. 

1896, 517, 
5§6. 8. 
R. L. 19, 
IS 6, 7. 24. 
1916, 297, § 4. 
1919, 350. § 66. 
1930, 227. 

138 Mass. 601. 
143 Mass. 5.S9. 
145 Mass, 587. 
166 Mass. 14, 
589 

170'MaB9. 58. 
178 Mass. 186. 

192 Mass. 299. 

193 Mass. 537. 
203 Mass. 539. 
223 Mass. 270. 
242 Mass. 61. 
251 Mass. 71. 
253 Mass. 416. 
259 Mass. 286. 
273 Mass. 368. 

1 Op. A. G. 71, 
194, 216, 243, 
252, 353, 554, 
568. 

2 0p. A. G. 
119, 186, 280, 
296, 302, 342, 
344, 391, 409, 
460, 467, 623. 

3 Op. A. G. 
165, 190, 270. 
296, 324, 368, 
575 

4 Op. A. G. 127, 
151, 172,619. 
Op. A. G. 
(1918) 66. 97. 
Op. A. G. (1920) 
127. 



Section 3. The board shall, subject to the approval of the governor 
and council, from time to time make rules and regulations which shall 
regulate the selection of persons to fill appointive positions in the gov- 
ernment of the commonwealth, the several cities thereof, and any such 
towns as have been placed under its jurisdiction by any act of the general 
court or by accepting provisions of this chapter or corresponding pro- 
visions of earlier laws, and, except as otherwise provided in section 
forty-seven, the selection of persons to be employed as laborers or other- 
wise in the service of the commonwealth and said cities and towns. Such 
rules shall be of general or limited application, shall be consistent with 10 
law and shall include provisions for the following: 11 

(a) The classification of the positions and employments to be filled; 12 

(b) Open competitive and other examinations to test the practical 13 
fitness of applicants; 14 

(c) The selection of persons for public positions and employments 15 
in accordance with the results of such examinations, or in the order of 16 
application, or otherwise; 17 

{(!) Promotions, if practicable, on the basis of ascertained merit in the 18 
examination and seniority of service; 19 

(c) A period of probation before an appointment or emplojTuent is 20 
made permanent; 21 

(/) Preference to veterans in appointment and promotion, not incon- 22 
sistent with this chapter. 23 

The present rules of the board so far as they are consistent with law 24 
shall continue in force until changed. 25 



Chap. 31.1 civil service. 243 

26 No new rule or regulation and no change in any rule or regulation shall 

27 be submitted for approval by the governor and council hereunder until 

28 after a hearing relative thereto has been held by the board. Not later 

29 than seven days before such hearing, the board shall send notice thereof 

30 to each member of the general court and to the mayor of each city and 

31 the selectmen of each town to which such rule, regulation or change re- 

32 lates and shall also publish the same in one or more newspapers. 

1 Section 4. The following, among others, shall be included within Positionsto 

2 the classified civil service by rules of the board : 

1924, 197. 

3 All persons having charge of steam boilers, heating, lighting or power Persons having 

^ . . ,11 1.1 charge of steam 

4 plants maintained by the commonwealth ; boilers, etc. 

19U, 486. 1918, 257. § 91. 1919, 5. 1920. 2. 

5 AH sealers and deputy sealers of weights and measures in towns of |,^^';^'i[f3°/„d 

6 over ten thousand inhabitants and in cities, whether such officers are ^^^f"^!! «»<=• 

7 heads of principal departments or not, and also the inspectors of stand- iquI 452, § 1. 

8 ards in the service of the commonwealth; 

1918. 218^257, §232. 1920,2. 4 Op. A. G. 213. 

1919, 5. 222 Mass. 296. 

9 Members of police and fire departments of cities and of such towns Members of^ 

10 as accept the provisions of this chapter, or have accepted corresponding departments. 

11 provisions of earlier laws, and members of the police or fire department Jgol; 73°' ^ ' ' 

12 of any town which, as to such department, accepts section forty-eight or f^gjf; 

13 has accepted corresponding provisions of earlier laws; except that no Iflf'" 

14 rule regulating the height and weight of persons eligible to become mem- 

15 bers of the fire department shall be made or enforced except by the city 

16 council or selectmen; and except further that no rule shall prescribe a 

17 maximum age limit for applicants for positions in police or fire depart- 

18 ments lower than thirty-five years; 

19 Inspectors of plumbing in receipt of an annual salary; inspectors of 

1894, 455. § 5. R. L. 103, § 5. 1909. 536, § 7. plumbing. 

20 Instructors in the state prison and the Massachusetts reformatory, instructors, 

■ *•••■ »• ■ 1j1* glc.( in prison 

21 and all other emplovees in said institutions having prisoners under their andreform- 

, atory. 

22 charge; 

1912, 597. 

23 Janitors of school buildings in cities, and in such towns of over twelve janitors of 

i-ii. 1- 1 scliool buildings 

24 thousand inhabitants as accept this paragraph; in cities and 

in certain 
ij.a, ij-i. towns. 

25 Supervisors of attendance in cities, and in such towns of over twelve Supervisors ot 

,.11- 1 • 1 attendance in 

26 thousand inhabitants as accept this paragraph. cities and in 

..^o/^ o. certain towns. 



194. 
352. 



1 Section 5. No rule made bv the board shall apply to the selection Positions 

f e 1 r 11 • ' i " not to be 

2 or appointment ot any oi the loUowing: _ 'i884''32b is 

3 Judicial officers; officers elected by the people or, except as otherwise 1393; 95. ' 

4 expressly provided in this chapter, by a city council; officers whose Jj^^l; fg^s 9. 

5 appointment is subject to confirmation by the executive council, or by J^jJ;!^; 522 

6 the city council of any city; officers whose appointment is subject to \ffi^l2: 

7 the approval of the governor and council; officers elected by either 1923^1^30. ^^^ 

8 branch of the general court and the appointees of such officers; heads of 19,5 Mass! 35.^' 

9 principal departments of the commonwealth or of a city except as other- 201 MaS: sob'. 
10 wise provided by the preceding section; directors of divisions author- |Jj^ ^^^ 46. 



244 



CIVIL SERVICE. 



[Ch.\p. 31. 



213 Mass. 1. 
229 Mass. 147. 
2.53 Mass. 416. 
259 Mass. 417. 
264 Mass, 158. 
1 Op. A. G. 72. 
102. 194. 

3 0p. A. G. 129. 
158. 325. 

4 Op. A. G. 213. 
329 

Op. A. G. (1920) 
305. 



ized by law in the departments of the commonwealth; employees of the 11 
state treasurer appointed under section five of chapter ten, employees 12 
of the commissioner of banks, and of the treasurer and collector of taxes 13 
of any city; two employees of the city clerk of any city; public school 14 
teachers; secretaries and confidential stenographers of the governor, or 15 
of the mayor of any city; clerical employees in the registries of probate 16 
of all the counties; police and fire commissioners and chief marshals or 17 
chiefs of police and of fire departments, except as provided in section 18 
forty-nine; and such others as are by law exempt from the operation 19 
of this chapter. 20 



Applicant SECTION 6. No rule shall be made which shall prevent, except for 1 

entitled to .... •/» * i? l n 

three certifi- moral unfitucss and after investigation, the certification tor the same 2 

i904.°i98. office, on at least three separate occasions, of any person whose name is 3 

on any eligible list. 4 



Changes in 
rules, distrilm- 
tion and publi- 
cation. 

1884. 320, § 19. 
1888, 253. 
R. L. 19, § 8. 



Section 7. Changes in the rules, when approved, shall be printed 1 

forthwith for distribution, and a certified copy thereof sent to the mayor 2 

of each city and the selectmen of each town to which such changes relate, 3 

and shall be published in one or more newspapers. Such publication 4 

shall specify the date when such changes shall take effect, which shall be 5 

not less than sixty days subsequent to the date of publication. 6 



Notices of 
examiniitions. 
Posting. 
1906, 277, § 1. 



EXAMINATIONS. 

Section 8. The commissioner shall prepare notices of civil service 
examinations and send them to the clerks of the several cities and towns, 
who shall cause the same to be posted in the city and town halls and in 
other conspicuous places. Of such notices there shall be posted not less 
than five in every town, and not less than twenty-five in every city, 
including one in each ward. 



Penalty for 
failure to post, 
or destruction 
of notices. 
1908, 277, § 2. 



Section 9. Any city or town clerk who refuses or wilfully neglects 
to post the notices required by the preceding section and any person who 
maliciously tears down, destroys, defaces or injures any such notice 
prior to the date of any examination of which notice is given therein, 
shall be punished by a fine of not more than twenty-five dollars. 



Scope of 
examination. 
18S4. 320. § 16. 
R. L. 19. § 13. 
1911, 63. 
1919, 350, § 66. 



Section 10. No question in any examination shall relate to political 1 

or religious opinions or affiliations, and no appointment to a position or 2 

selection for employment shall be affected by them. Examinations shall 3 

be conducted under the direction of the commissioner. They shall be 4 

practical and shall relate to matters which will fairly test the capacity 5 

and fitness of the apjilicants; and all answers of applicants to questions 

in examinations relating to training and experience, outside of the labor 7 

service, shall be on oath, if the board so requires. The board shall deter- 8 

mine the scope and weight of examinations. 9 



Certain acts 
relative to 
exatninationa 
forbidden. 
18.S4. 320. § 18. 
R. h. 19, S 14. 



Section 11. No person in the public service shall wilfully and cor- 1 

rui)tly defeat, deceive or obstruct any person as to his right of exam- 2 

illation; or wilfully or corruptly make a false mark, grade, estimate or 3 

rei)ort on the examination or proper standing of any person examined 4 

uiuUt this chapter, or wilfully or corruptly make any false representa- 5 

tion concerning the same or concerning the person examined: or wilfully 6 

or corruptly furnish to any one special or secret information, for the 7 



Chap. 31.] civil service. 245 

8 purpose of improving or injuring tlie prospects or chances of appoint- 

9 ment, employment or promotion of any person so examined or to be 
10 examined. 



1 Section 12. The lists of persons eligible to any position shall be Lists of 

2 prepared or revised as soon as may be after their respective ratings or issk, lo'i, 54. 

3 standings have been determined by the commissioner by examination or r*'®l; i9^'§\|: 

4 otherwise in accordance with the rules of the board. The commissioner }^}|; |?^; | ^2. 

5 shall not place on any such list any person not a citizen of the United }|i9' |; ^^■ 

6 States. All persons who have taken an examination shall be notified of 223 Masa. 109. 

7 the results thereof within sixty days from the completion of such exam- 

8 ination. All lists established, as aforesaid, shall be open to public 

9 inspection. 

1 Section 13. Every application shall state under oath the full name, statements 

2 residence and post office address, citizenship, age, place of birth, health LppfSLts for 

3 and physical capacity, right of preference as a veteran, previous employ- !l|"'32o.°§i7. 

4 ment in the public service, occupation and residence for the previous ^^^l \l^-^ j,. 

5 five years and education of the applicant, and such other information ^^n, 119. 

6 as may be reasonably required relative to his fitness for the public 

7 service; but no question shall be asked in such application or in any 

8 examination requiring a statement as to any offence committed before 

9 the applicant reached the age of sixteen. 

1 Section 13A. A police officer or fireman holding an office classified feq'Si-^ementa 

2 under the civil service rules who has completed five years of service in 1^^^^°^°^^^ 

3 the department of which he is a member, and who is an applicant for fire depart- 

4 promotion and has filed with the commission a certificate of a registered 1930, 423. 

5 physician approved by the commission, stating that he has examined 
G the police officer or fireman, and that in his opinion the police officer or 
7 fireman is afflicted with no disability which will interfere with his per- 
S foTmance of the duties of the position for which he is an applicant, 
9 shall not be required to pass any further physical examination for pro- 

lU motion in such department. 

1 Section 14. Applicants for positions in the classified labor service Labor service. 

2 of the commonwealth, and of the cities and towns having such a service, r l' 19. § 12. 

3 shall be allowed to register on the first Mondays of February, May, '''^'' "'* 

4 August and November in each year, at places appointed therefor by the 

5 board. The number registered shall not be limited below five hundred 

6 in the commonwealth or in any city. 

appointments. 

1 Section 15. No person shall be appointed to any position in the Appointment, 

„,.„,.., . . ,-r i- 1 I1 • • certification. 

2 classified civil service except ujjon certmcation by the commissioner etc. 

3 from an eligible list in accordance with the rules of the board; but if 1395! soi'. §4.' 

4 there is no suitable eligible list, or if the commissioner is unable to r**''^'. 19!' ^ *' 

5 comply with a requisition in accordance with the rules of the board, the fJig^j^; 5 g,. 

6 commissioner, subject to section twenty-five, may authorize a provi- i9i9. |- 

7 sional appointment or may authorize the appointing officer or board to 252 Mass. 323. 

8 select a suitable person who shall be subjected to a non-competitive 

9 examination, such provisional or non-competitive appointment to be 
10 subject to the rules of the board. Within five days after the certification 



246 



Recommenda- 
tion by public 
officers 
restricted. 
1884, 320. § 5. 
R. L. 19, 5 18. 



CIVIL SERVICE. 



[Chap. 31. 



of persons for appointment or employment the commissioner shall make 11 
a record of the persons so certified. If the appointing officer rejects all 12 
the persons certified he shall so notify the commissioner. 13- 

Section 16. No recommendation of an applicant for an office or 
position under this chapter given by any member of the general court, 
alderman or councilman, except as to the character or residence of the 
applicant, shall be received or considered by any person concerned in 
making the appointment. 



1 
2 
3 
4 
5 



Certain persons 
ineligible. 
1884, 320, 
§§3,4. 
1888, 334. 
R. L. 19, 
§§ 16, 17. 
1912, 212. 
1915, 76. 
1922, 36. 
1929, 306, 



461 



Section 17. No person habitually using intoxicating liquors to 
excess shall be appointed, employed or retained in any position to which 
this chapter applies, nor shall any person be appointed or employed in 
any such position within one year after his conviction of any cririie 
against the laws of the commonwealth; provided, that the commis- 
sioner may in his discretion authorize the appointment or employment, 
Jgp- A"g-2«. within said year, of a person convicted of any of the following offences: 
-" ' ■ ' — (1) a violation of any rule or regulation made under section thirty- 
one of chapter ninety; (2) a violation of any provision of said chapter 
ninety relating to motor vehicles, except those of sections twenty-three 
to twenty-five, inclusive; (3) any other offence for which the sole pun- 11 
ishment imposed was (a) a fine of less than one hundred dollars, (6) a 12 
sentence to imprisonment in a jail or house of correction for less than 13 
six months, with such a fine or without any fine, or (c) a sentence to any 14 
other penal institution under which the actual time served was less 15 
than six months, with such a fine or without any fine. 16 



1 
2 
3 

4 
5 
6 

7 

8 

9 

10 



Names of 
persons em- 
ployed, pro- 
moted, etc., 
to be reported 
to commis- 
sioner. 

1884, 320, § 22. 
R. L. 19, § 19. 



Section 18. The officer appointing, employing, promoting or dis- 1 

charging any person within the classified civil service shall forthwith 2 

report to the commissioner the name and residence of the person, the 3 

designation of the position, and the fact of the appointment, employ- 4 

ment, promotion or discharge. 5 



SvlXference Section 19. Exccpt as Otherwise provided by law, in all positions, 1 

'"oin'tmlnt" employments and work in any branch of the service of the common- 2 

i93i' 125 * ^' wealth, or of any county, city, town or district therein, citizens of the 3 

223 Mass. 109. commonwealth shall be given preference. 4 



Appointment 
and promotion 
of police ofB- 
cers, except 
in Boston. 
1920, 368. 



Section 20. Appointments and promotions in the police forces of 1 
cities and towns, except Boston, whose police forces are within the 2 
classified civil service, shall be made only by competitive civil service 3 
examination, except as otherwise provided in this chapter, or in the 4 
rules of the board relative to temporary or emergency appointments. 5 
No such examination shall be held imtil there are at least three appli- 6 
cants for appointment or promotion for one existing vacancy, except as 7 
to applicants for appointment to the lowest grade. In making appoint- 8 
nients or promotions to all grades of service other than the lowest, the 9 
examination and appointment shall be limited to persons of the next 10 
lower rank; but if the number of applicants for examination in such 11 
lower rank is not sufficient to hold an examination, the next lower ranks 12 
shall in succession be thrown open to the examination until at least the 13 
necessary number have applied. 14 



Chap. 31.] civil service. 247 

1 Section 20A. In each city and town subject to section twenty in Apfwintments 

2 which there has been established a reserve poHce force, appointments to police forces in 

3 the regular force shall be made by the appointing authority upon certi- and'towns'.'^^ 

4 fication by the commissioner from the list of members of the reserve '^^°' '®°- 

5 police force in accordance with the rules of the board, except that the 

6 basis of certification shall be the order of appointment to the reserve 

7 force. 

VETER.\JSfs' PREFERENCE. 

1 Section 21. The word "veteran" as used in this chapter shall mean Veteran 

2 any person who has served in the army, navy or marine corps of the isoe, 517, 

3 United States in time of war or insurrection and has been honorably r. l. 19, § 20. 

4 discharged from such service or released from active duty therein, or {924; It": ^ ^• 

5 who distinguished himself by gallant or heroic conduct while serving in ^l JJ^J |J|; 

6 the army or navy of tjie United States and has received a medal of honor ^ Mass. 286. 

7 from the president of the United States, provided that such person was iop.a.g.40s. 

8 a citizen of the commonwealth at the tune of his induction into such op.A.G.(i920) 

9 service or has resided in the commonwealth for five consecutive years 

10 next prior to the date of filing application with the commissioner under 

11 this chapter; and provided further that any such person who at the 

12 time of entering said service had declared his intention to become a 

13 subject or citizen of the United States and withdrew such intention under 

14 the provisions of the act of congress approved July ninth, nineteen 

15 hundred and eighteen, and any person designated as a conscientious 

16 objector upon his discharge, shall not be deemed a "veteran" within 

17 the meaning of this chapter. 

1 Section 22. A veteran of the civil war, or a person who has received ^[{"fout"^"' 

2 a medal of honor as provided in the preceding section, may apply to the ^g9"'5f7'°5"3 

3 commissioner for appointment or employment in the classified civil service fi^^^^^^ ' 

4 without examination. In such application, he shall state on oath the facts lee Mass. 589. 

5 required by the rules. Age, loss of limb or other disability which does not 259 mS. 286'. 

6 in fact incapacitate shall not disqualify him for appointment or employ- 

7 ment under this section. Appointing officers may make requisition for 

8 the names of any or all such veterans and appoint or employ any of them. 

1 Section 23. The names of veterans who pass examinations for ap- preference for 

2 pointment to any position classified under the civil service shall be placed paSn^ 

3 upon the eligible lists in the order of their respective standing above IH^'SV.'"^" 

4 the names of all other applicants, except that any such veterans who are }^||; |JJ; 

5 disabled and who present a certificate of any physician, approved by ||g'g"^5j^- . 2 

6 the board, that their disability is not such as to prevent the efficient per- R l' i9. 1 21. 

7 formance of the duties of the position to which they are eligible and 1919! im, § 2. 

8 who shall present proof satisfactory to the commissioner that such dis- usliass! 587. 

9 ability was received in line of duty in the military or naval service of llg."^*^' ^*' 

10 the United States in time of war or insurrection and is a continuing dis- H^ ^^- ll°- 

1 1 ability shall be placed ahead of all other veterans on such eligible lists |m Mass. 286. 

12 in the order of their respective standing. In addition to the aforesaid iOp.A.G.243. 

13 certificate, in order to be entitled to the preference provided for dis- 

14 abled veterans by this section, a veteran shall present an honorable dis- 

15 charge or an equivalent release from active duty in the military or naval 

16 service of the United States and shall present proof that he is at the 

17 time of application for appointment disabled and also proof, by means 



248 



CIVIL SERVICE. 



[Chap. 31. 



Veterans in 
labor serv-ice. 
1S96, 517, § 6. 
R. L. 19, § 24. 
1919, 150, § 3. 
166 Mass. 14, 
589. 
170 Mass. 5S. 

192 Mass. 299. 

193 Mass. .537. 
195 Mass. 370. 
259 Mass. 286. 



Provisional 
appointment 
of veteran in 
absence of 
eligible list. 
1919, 150, § 4. 
259 Mass. 2S6. 



of the records of the adjutant-general of the army of the United States 18 
or of the navy department or marine corps or by means of a certificate 19 
of the receipt at that time of a pension or compensation from the United 20 
States, that such disability was incurred in the line of duty in such service 21 
in time of war or insurrection, or in absence of proof as aforesaid shall 22 
present a certificate from a physician, approved by the board, that he is 2.3 
substantially handicapped for industrial life through injury or illness 24 
and shall present proof, satisfactory to the commissioner that such 25 
handicap was received in line of duty in the military or naval service 26 
of the United States in time of war or insurrection and is a continuing 27 
disability. Upon receipt of a requisition not especially calling for 28 
women, "names shall be certified from such lists according to the method 29 
of certification prescribed by the civil service rules applying to civilians. 30 
A disabled veteran shall be appointed and employed in preference to 31 
all other persons, including veterans. • 32 

Section 24. A veteran who registers for employment in the labor 1 

service of the commonwealth and of the cities and towns thereof, if found 2 

qualified, shall be placed on the eligible list for the class for which he 3 

registers ahead of all other applicants. The names of eligible veterans 4 

shall- be certified for labor service in preference to other persons eligible 5 

according to the method of certification prescribed by the civil service 6 

rules applying to civilians. If, however, the appointing officer certifies 7 

in the requisition for laborers that the work to be performed requires 8 

young and vigorous men, and, on investigation, the commissioner is 9 

satisfied that such certificate is true, he may fix a limit of age and certify 10 

only those whose age falls within such limit. 11 

Section 25. If there is no suitable eligible list from which to certify 1 

to fill a requisition, the commissioner shall authorize the appointing 2 

officer to make provisional appointment of a veteran, and shall send to 3 

the appointing officer the names and addresses of veterans who have 4 

filed applications for the kind of work for which requisition is made, and 5 

the position shall be filled provisionally by the appointment of a veteran. 6 

If, however, the appointing officer cannot find a veteran qualified for 7 

the position who will accept, he may with the approval of the commis- 8 

sioner, appoint provisionally some other person. This section shall not 9 

apply to requisitions calling for women. 10 



Section 26. [Repealed, 1925, 220, § 1.] 



Reinstatement 
after military 
or naval 
service. 
1898, 454. 
II. L. 19, § 25. 

1918, 160, § 1. 

1919, 14, § 1. 

1920, 219, § 1. 
1931, 426, § 53. 
248 Mass. 539. 
239 Mass. 286. 



Section 27. Any person vvho resigns from or leaves the classified 1 

public service of the commonwealth or of any city or town therein or 2 

who is discharged, suspended or granted a leave of absence therefrom, 3 

for the purpose of serving in the military or naval service of the United 4 

States in time of war, and who so serves, shall, if he so requests of the 5 

appointing authority within two years after his honorable discharge () 

from such military or na\al service, or release from active duty therein, 7 

and if also, within said time, he files with the division the certificate of 8 

a registered physician that he is not physically disabled or incapaci- 9 

tated for the position, be reappointed or re-employed, without civil 10 

service application or examination, in his former position, provided that 11 

the incumbent thereof, if any, is a temporary appointee; or, if his former 12 



Chap. 31.] civil service. 249 

13 position has been filled by a permanent appointment, he shall be em- 

14 ployed in a similar position in the same department, if a vacancy exists 

15 therein. All appointments made to fill vacancies caused by the mili- 

16 tary or naval service of the former incumbent shall be temporary only. 

1 Section 28. A person whose name is on anv eligible list or register Restoration of 

„ .'^ . ,, , . , . , , • I • , 1 • e names to eli- 

2 of the division at the time ot his entering the military or naval service ot siwe list after 

3 the United States in time of war shall be suspended from such eligible ln'i8,''i60.T2. 

4 list or register; but upon his request, made at any time within two years {IH-^ 219,^^2. 

5 after his honorable discharge from such service, or release from active 259 Mass. 28a. 

6 duty therein, his name shall be restored thereto for the remainder of 

7 his period of eligibility, provided that he files with the division the 

8 certificate of a registered physician that he is not physically disabled or 

9 incapacitated for the position. 

GENERAL POWERS. 

1 Section 29. Records of the proceedings of the board and of the Records and 

2 commissioner, all recommendations of applicants and all applications iss-i, 320. § 23. 

3 and examination papers, shall be kept on file. Said records and files {902, sos-^^ 

4 shall be open to public inspection under rules approved by the governor ^^^^' ''• 

5 and council. No applications, recommendations or examination papers 

6 need be preser\ed for a longer period than three years. 

1 Section 30. The commissioner shall recommend to the general ^^™3''°''^- 

2 court appropriate legislation for the administration and improvement ^gJ^fgagP"/^^' 

3 of the civil service, and shall make an annual report containing any rules k^^l'. iV§ 5. 

4 adopted under this chapter. isis, e. 

1 Section 31. The officer or board having power in any city to appoint ^^'•J°^®''«" 

2 or employ persons in any department thereof to which this chapter reports, etc. 

3 and the rules thereunder apply shall, within seven days after the receipt iwty™^" ' 

4 of a written request therefor made by the commissioner, make and file 1922, si!"' 

5 with the commissioner and with the auditor or officers whose duty it is 

6 to audit the accounts of such appointing or employing officer or board, 

7 a report containing the names of all persons who have been appointed 

8 or employed by such appointing or employing officer or board or who 

9 have received pay or rendered bills for services or labor rendered or 

10 performed during the calendar month next preceding the date of the 

11 filing of such request. Said reports shall be made on oath and shall 

12 contain the following information: First, name of person appointed or 

13 employed, or rendering bill for services or labor; second, nature and 

14 brief description of the services or labor which such person has actually 

15 rendered or performed during said month; third, title of the office or 

16 emplo^Tnent of such person as stated in the pay rolls of the department; 

17 fourth, the regular salary or wages of the appointee or employee; fifth, 

18 all other payments of any kind made to the appointee or employee 

19 during said month; provided, that such appointing or employing oflficer 

20 or board shall not be required to file in any month more than one such 

21 report with the commissioner and one with the auditor or auditing 

22 officers. The reports in the office of the auditor or auditing oflScers shall 

23 be open to public inspection. 

24 The supreme judicial court by mandamus or other appropriate rem- 

25 edy in law or in equity, upon suit or petition of the commissioner, may 



250 



CIVIL SERVICE. 



[Chap. 31. 



compel any such appointing or employing officer or board in any city 26 
to comply with this section. 27 

Every appointing or employing officer, or in the case of a board every 28 
member thereof, who wilfully refuses to comply with this section shall 29 
be punished by a fine of not less than twenty-five nor more than one 30 
hundred dollars. 31 



Summoning 
witnesses, etc. 
1891, 140. 
R. L. 19, § 3. 



Section 32. In any investigation or inquiry the commissioner, or 1 

an associate commissioner, may summon witnesses, administer oaths, 2 

and take testimony. Fees for such witnesses shall be the same as for 3 

witnesses before the superior court and shall be paid from the appropri- 4 

ation for incidental expenses. 5 



Commissioner 
may investi- 
gate classified 
serWce as to 
efficiency, etc. 
1916, 297, § 3. 



May investi- 
gate classified 
service as to 
duties, com- 
pensation, etc. 
1916, 297, § 3. 



Exemption of 
policemen and 



firemen. 



INVESTIGATIONS. 

Section 33. On request of any appointing power in respect to 1 

officers or employees by it appointed, the commissioner shall, and the 2 

commissioner may at any time without such request, inquire into the 3 

efficiency and conduct of any officers or employees in the classified civil 4 

service, and may recommend to the appointing power the removal of any 5 

such officers or employees, or make other appropriate recommendations. 6 

Section 34. The commissioner may investigate in whole or in part 1 

the classified civil service, and the work, duties and compensation of 2 

the officers and employees therein, and the number employed, and the 3 

grades, titles, ratings and methods of promotion established, and may 4 

report thereon to the governor, or to the general court. 5 

Section 35. The two preceding sections shall not apply to police- 1 

men or firemen. 2 

1916, 297, § 6. 



miscellaneous provisions. 



Provisional 
appointment 
of alien to 
terminate, etc. 
1914, 600, § 3. 
223 Mass. 109. 



Section 36. If an appointing officer, before a list of eligible ap- 
pointees is established, appoints under provisional authority from the 
commissioner a person not a citizen of the United States, he shall dis- 
charge such person, and appoint another from the list when it is estab- 
lished. 



Enforcement 
of dismissal 
of alien. 
1914, 600, 5 4. 
223 Mass. 109. 



Section 37. On complaint by any citizen of the commonwealth of the 1 

employment of a non-citizen when there is a list of eligibles existing, the 2 

commissioner shall take steps to enforce the dismissal of such non-citizen 3 

and the appointment in his place of a person from the eligible list. 4 



Enforcement 

of law and 

rules. 

1901, 512. 

R. L. 19, § 34. 

1910, 359. 



Section 38. If, in the opinion of the commissioner, a person is ap- 1 

pointed or employed in the classified public service in violation of any 2 

provision of this chapter or any rule of the board, the commissioner shall, 3 

after written notice mailed to the appointing or employing officers, and 4 

to such person, notify in writing the treasurer, auditor or other officer 5 

whose duty it is to pay the salary or compensation of such person, or to 6 

authorize the drawing, signing or issuing of the warrant therefor; and 7 

the payment of any salary or comjjensation to such jierson shall cease 8 

at the expiration of one week after the mailing of the notice to such treas- 9 

urer, auditor or other officer, and no such officer shall pay any salary 10 



Chap. 31.] civil service. 251 

11 or compensation to such person, or draw, sign or issue, or authorize the 

12 drawing, signing or issuing of any warrant therefor, until the legality 

13 of such appointment or employment is duly established. 

1 Section 39. Any person found by the commissioner to be illegally Remedy by 

2 appointed or employed may file a petition for a writ of mandamus in the "necr"l"Iry° 

3 supreme judicial or superior court to compel the commissioner to author- 1901, 512. 

4 ize such appointment or employment, and the pajTiient of compensation fgig- gfg^ ^''■ 

5 or salary therefor. At any time after the petition is filed the court, if of 229 Mass. 147. 

6 opinion that there is reasonable doubt whether the appointment or em- 

7 ployment of such person is in violation of the civil service law or rules, 

8 may order that the compensation accruing to such person for ser\ices 

9 actually rendered shall be paid to him until otherwise ordered by said 
10 court. 

1 Section 40. If an appointing officer or board in applying for the cer- Commissioner 

2 tification of persons eligible for appointment as foreman or inspector laborer or 

3 expresses a preference for persons having had experience in his depart- fSreman"^ 

4 ment, the commissioner shall so far as practicable include among those 243^3^3! 193. 

5 certified the name of at least one person for each vacancy who is serving 

6 as a laborer or mechanic in such department. 

1 Section 41. Persons employed by the commonwealth, or by any Qualifications 

2 county, city or town, as inspectors of masonry construction, shall have °i mamm°" 

3 had at least three years' practical experience in masonry construction, '^"' ^*°- 

4 but shall not be required to have technical knowledge as engineers, archi- 

5 tects or draftsmen, unless they have other duties for which such knowledge 

6 is necessary. This section shall apply only to persons whose principal 

7 duty is the inspection of masonry construction, consisting of stone, brick 

8 or substitutes therefor. 

1 Section 42. Appointments of treasurers and stewards in the insti- Appointment 

PI 11111 1 IP ...of treasurers 

2 tutional service of the commonwealth shall not be made from a civil and stewards 

3 service list established by examination. Whenever a vacancy occurs institutions. 

4 in the office of treasurer or steward at any institution of the common- ^^'*' ^^^' 

5 wealth, the appointing authority shall certify to the commissioner the 

6 name of a person believed to be competent by reason of training and 

7 experience to fill the vacancy, and shall give the commissioner such 

8 information concerning the proposed appointee as he may require. The 

9 commissioner shall immediately make a careful incjuiry into the quali- 

10 fications of the proposed appointee under such rules as the board may, 

11 with the approval of the governor and council, establish; and if he is 

12 satisfied that the appointee is a competent person, with the requisite 

13 qualifications, he shall notify the appointing authority that the appoint- 

14 ment is approved, and upon receipt of such notice the appointment shall 

15 take effect, subject to the provisions of law relating to the filing of bonds 
IG by the treasurers of institutions. If the commissioner does not, within 

17 thirty days after the appointee is certified to him, notify the appointing 

18 authority of his approval, the appointment shall be void. 

1 Section 42A. Every police officer holding an office classified under certain poUce 

2 the civil service rules, in any city except Boston or in any town, whether toJn3Vn"d 

3 for a definite or stated term or otherwise, shall hold such office con- golftonr""* 

4 tinuously during good behavior and shall not be removed nor, except as offi^e.'rem'vai, 

etc. 



252 



CIVIL SERVICE. 



[Chap. 31. 



1923, 242, § 1. 
1925, 220, § 2. 
253 Mass. 193. 
271 Maas. 448. 



Otherwise provided herein, be suspended or, without his consent, be 
transferred from such office, nor shall he be lowered in rank or compen- 
sation, nor shall his office be abolished, except after a full hearing of 
which he shall have at least seventy-two hours' written notice, with a 
statement of the reasons for the contemplated removal, suspension, 
transfer, lowering in rank or compensation, or abolition of office, and 
except upon a written order stating fully and specifically the causes 
therefor made after a hearing as aforesaid and signed by the board or 
officer before whom the hearing is held. Such a police officer may, 
however, be temporarily suspended without such notice when necessary 
as a matter of police discipline, but only for just cause and for reasons 
specifically given him in writing within twenty-four hours after such 
suspension. If within three days thereafter the police officer so sus- 
pended shall so request in writing he shall be given a public hearing in 
not less than three nor more than fourteen days after the filing of the 
request. Any hearing under this section shall, if the police officer so 
requests in writing, be public and shall be held before the officer or board 
ha\ing power of appointment and removal. Any such hearing may be 
continued from time to time, if said board or officer and the police 
officer concerned agree thereto. At any such hearing charges shall be 
made by the officer in command of the department or of the district 
where the police officer is on duty or by any person designated by the 
official in command of the department, and the police officer concerned 
shall be allowed to answer the charges preferred against him, either 
personally or by counsel. Said police officer shall be notified in writing, 
within three days after the hearing, of the decision at such hearing. 
A copy of the reasons, notice and answers and of the order of removal, 
suspension, transfer, lowering in rank or compensation, or abolition of 
office shall be made a matter of public record. 



5 

6 
7 
8 
9 
10 
11 
12 
13 
14 
1& 
16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
2G 
27 
28 
29 
30 
31 
32 
33 



Judicial re\'iew 

of removal, 

etc., of such 

ofiicers- 

1923, 242. 5 1. 

262 Mass. 393, 

477. 

271 Mass. 448. 



Section 42B. Within thirty days after a hearing provided for by the 1 

preceding section, the police officer who was removed, suspended, 2 

transferred, or lowered in rank or compensation, or whose office was 3 

abolished, may bring a petition in the district court of the judicial dis- 4 

trict where such police officer resides, addressed to the justice of the 5 

court, praying that the action of the officer or board in removing, sus- 6 

pending or transferring him, or lowering him in rank or compensation, 7 

or abolishing his office, may be reviewed by the court, and after such 8 

notice to such officer or board as the court deems necessary, it shall 9 

review such action, hear any or all of the witnesses and determine 10 

whether or not upon all the evidence such action was justified. If the 11 

court finds that such action was justified, the decision at the hearing 12 

shall be affirmed; otherwise it shall be reversed and the petitioner shall 13 

be reinstated in his office without loss of compensation. The decision 14 

of the court shall be final and conclusive upon the parties. 15 



Removal, sus- 
pension, reduc- 
tion in Krade, 
or transfer 
of certain 
other persons 
in classified 
pulilic service. 

1904, 314. 

1905, 243, § 1. 
1918, 247, 

85 1.4. 

187 Moss. 323. 



Section 43. Except as otherwise provided in this chapter, every per- 
son holding office or employment in the classified public service of the 
commonwealth, or of any county, city or town thereof, shall hold such 
office or employment and shall not be remo\-ed therefrom, lowered in 
rank or compensation or suspended, or without his consent transferred 
from such office or employment to any other, except for just cause, and 
for reasons specifically given him in writing within twenty-four hours 



1 
2 
3 
4 
5 
6 
7 



ClL\P. 31.] CIVIL SERVICE. 253 

8 after such removal, suspension, transfer or lowering in rank or compensa- i9o Mass. sm. 

9 tion. ioiMiJiob 

10 If within three days thereafter, the person sought to be removed, sus- 202 MaS; 352! 

11 pended, lowered or transferred shall so request in writing, he shall be ilMaasJf' 

12 given a public hearing in not less than three nor more than fourteen l^lj Mass. 478. 

13 days after the filing of the request, by the officer or board whose action 227 Mass. 116. 

14 affected him as aforesaid, and he shall be allowed to answer the charges ||!^^^^ ^^^ 

15 preferred against him, either personally or by counsel, and shall be 234 Mass! 491; 
IG notified, in writing within three days after the hearing, of the decision 244 ulfs. in. 

17 of sucli officer or board. In default of such hearing, said person shall HI MaSl Is'a. 

18 forthwith be reinstated. A copy of said reasons, notice, answer and |5| H^^ l^- 

19 decision shall be made a matter of public record in the department. s^o. 597. 

257 Mass. 471, 545. 264 Mass. 158, 178. 269 Mass. .345. 445. 

258 Mass. 444. 265 Mass. 338. 270 Mass. 179. 

260 Mass. 529. 266 Mass. 513. 2 Op. A. G. 322. 

261 Mass. 351. 

1 Section 44. [Repealed, 1923, 242, § 2.] 

1 Section 45. Within thirty days after the hearing provided for in ;Jf*^r'fJi|:f™" 

2 section forty-three or after action under section forty-six, the person removal, etc. 

3 so removed, transferred or lowered in rank or compensation, or sus- i9i5! 25l 

4 pended, or whose office or position is abolished, except members of the igig'. 247; 

5 police department of Boston, the police of the metropolitan district fj:*'^^''' 

6 commission anrl the state police, may bring a petition in the district f^f'^^^^^^' 

7 court of the judicial district where such person resides, addressed to the |§ wz 123; 

8 justice of the court, praying that the action of the officer or board may be 'was. 220. § 3. 

9 reviewed by the court, and after such notice to such officer or board as 493. 

10 the court deems necessary, it shall review such action, hear the witnesses. Ml mITs. i5o. 

11 and shall affirm the decision of the officer or board unless it shall appear |p ^^^3; ^,6 

12 that it was made without proper cause or in bad faith, in which case said 228 Mass. 12^ 

13 decision shall be reversed and the petitioner be reinstated in his office 242 Mass. 5S7. 

14 without loss of compensation. The decision of the court shall be final 249 Mass.' 455: 

15 and conclusive upon the parties. 

253 Mass. 193, 400, 416, 590. 258 Mass. 444. 265 Mass. 338. 

257 Mass. 545. 260 Mass. 529. 269 Mass. 345, 445. 

1 Section 46. An officer or employee of the state prison, of the re- Removal, etc.. 

2 formatory for women, of the prison camp and hospital, or of the ]\Iassa- prison officials. 

3 chusetts reformatory, sought to be removed, suspended, lowered in rank I919; Sso,' §83. 

4 or compensation, or transferred, shall be notified of the proposed action, '^^^' ^^°' ^ *■ 

5 and shall be furnished a copy of the reasons therefor as required by sec- 

6 tion forty-three, and shall, if he so requests in writing, be given a hearing 

7 before the commissioner of correction, and be allowed to answer any 

8 charges preferred against him, either personally or by counsel. Said 

9 commissioner, after hearing the officer preferring the charges, and the 

10 officer or employee in question, together with such witnesses as either 

11 of the parties may produce, shall determine whether or not the reasons 

12 for such proposed removal, suspension, lowering in rank or compensation, 

13 or transfer, are just and sufficient, and shall certify his finding to the 

14 head of the institution in which such officer or employee is employed, 

15 who shall, if the reasons given have been sustained by the finding, forth- 

16 with remove from office or employment, suspend, lower in rank or com- 

17 pensation, or transfer the officer or employee in question, subject to the 

18 right of judicial review provided by the preceding section. If said 

19 commissioner finds that such reasons are not just and sufficient, the head 



254 



CIVIL SERVICE. 



[Chap. 31. 



Petition for 
writ of 

mandamus for 
reinstatement 
of certain 
persons. 
1930, 243. 



of the institution in which the officer or employee is employed shall 20 
continue him in service or, if he has temporarily been suspended, shall 21 
forthwith restore him to duty or to his original rank or compensation, 22 
as the case may be. A copy of the reasons, notice, answer, finding, and 2.3 
order of removal, suspension, lowering in rank or compensation, or 24 
transfer, shall, in each case, be filed in the office of the division and made 25 
a matter of public record. 26 

Section 46A. The supreme judicial court shall have jurisdiction of 
any petition for a writ of mandamus for the reinstatement of any person 
alleged to have been illegally removed from his office or emploj-ment 
under this chapter; provided, that such petition shall be filed in said 
court within six months next following such allegedly illegal removal, 
unless said court for cause shown extends the time. 



1 
2 
3 
4 
5 
6 



Notice to 
certain per- 
sons separated 
from service. 
1931, 360. 



Section 46B. Upon receipt of notice from an appointing officer or 1 

of other information that a person in the classified civil service has be- 2 

come separated therefrom through no fault or delinquency of his own, 3 

the commissioner shall forthwith give notice of the fact of such separation 4 

to such person by registered mail and shall set forth in said notice the 5 

manner, means and methods whereby such person may be reinstated 6 

in such service or his civil service status and rights preserved. 7 



Application 
of chapter. 
189-t. 267. 
1896, 449. 
R, L. 19. § 36. 
1902, 544, 5 3. 
201 Mass. .506. 
251 Mass. 71. 



APPLICATION OF L-^W TO CITIES AND TOWNS. 

Section 47. This chapter shall continue in force in all the cities of 1 

the commonwealth and in all towns of more than twelve thousand 2 

inhabitants which have accepted corresponding provisions of earlier laws, 3 

and shall be in force in all such towns which hereafter accept it by vote 4 

at a town meeting. The provisions of this chapter and the rules estab- 5 

lished under it relative to employment of laborers designated as the 6 

"labor service" shall not be in force in any city of less than one hundred 7 

thousand inhabitants, which has not heretofore accepted the correspond- 8 

ing provisions of earlier laws, until said provisions are accepted by the 9 

city council. 10 



Application to 
police, etc., of 
certain towns. 
1901, 78. 
R. L. 19, § 37. 
253 Mass. 400. 



Application to 
ciiiefs of 
police, etc., 
of certain 
cities and 
towns. 
1911, 468. 



Section 48. A town which has not accepted this chapter or the 1 

corresponding provisions of earlier laws may accept this section as to 2 

its regular or permanent police and fire forces, or as to either of them. 3 

Acceptance as to the fire force shall include regular members, and may 4 

include call members, and a town which has accepted this section or 5 

the corresponding provisions of earlier laws as to regular firemen may 6 

afterward accept it as to call firemen. In a town which accepts this 7 

section by vote of the town at a town meeting, or has accepted corre- 8 

sponding provisions of earlier laws, as to any or all of said forces, the 9 

members of the forces to which the acceptance relates shall be subject to 10 

this chapter and the rules made hereunder, and shall hold office until their 11 

death, resignation or removal; but members in office at the time of such 12 

acceptance shall continue in office without examination or reappointment. 13 

Section 49. This chapter and the rules made hereunder shall apply 1 

to superintendents, chiefs of police and chief marshals in cities which 2 

have accepted chapter four hundred and sixty-eight of the acts of nine- 3 

teen hundred and eleven in the manner therein provided, and in towns 4 



Chaps. 31, 32.] civil service, retirement systems, etc. 



255 



5 which have a police force subject to this chapter, and which have ac- l\l^}^^^^- ^''^■ 

6 cented said chapter four hundred and sixty-eight, or accept this section, 22b Mass.' 147. 

_ , ^ ' , , . . 253 Mass. 400. 

7 by vote at an annual town meeting. 

1 Section 50. Nothing in this chapter shall repeal, amend or affect f^^.'^'^^^ 

2 any special provision of law relative to any city or town, or extend to affected. 

3 any city or town any provision of law to which it is not now subject. 



GENERAL PENALTY. 

Section 51. Whoever makes an appointment or employs any person General 

in violation of any provision of this chapter, or the rules made there- i884,'32o, § 24. 

under, or whoever refuses or neglects to comply with any of such provi- HH] 111] \ f; 

sions or rules, shall be punished by a fine of not less than one hundred fg^\ Hh^^t 

nor more than one thousand dollars, unless some other penalty is specifi- i^is- 257. 5 94. 

G cally provided. 

1919, 5. 1920, 2. 192 Mass. 299. 



CHAPTER 32. 

RETIREMENT SYSTEMS AND PENSIONS. 



Sect. 



4. 
5. 



STATE RETIREMENT SYSTEM. 

Definitions. 

State retirement association. 
Certain duties of the board of retire- 
ment. 
Funds of retirement system. 
Administration of funds. 



RETIREMENT SYSTEM FOR TEACHERS. 

6. Definitions. 

Teachers' retirement association. 

Certain duties of the retirement 
board. 

Funds of retirement system. 

Retiring allowances. 

Same subject. 

Duties of school committees. 

Trustees of certain scliools. 

Treasurers of cities and towns, duties. 

Membership in other retirement asso- 
ciations. 

Reimbursement of cities and towns. 

Referendum and repeal. 

Certain sections not applicable to 
Boston. 

Persons employed in the public 
schools and also by the common- 
wealth. 



7. 



9. 

10. 
11. 
12. 
13. 
14. 
15. 

16. 
17. 
18. 

19. 



COUNTY RETIREMENT SY'STEMS. 

20. Definitions. 

21. Establishment of retirement system. 

22. The retirement association. 

23. The board of retirement. 



Sect. 

24. Funds, how raised. 

25. Administration of funds. 

retirement systems for CITIES AND 
TOWNS. 

26. Definitions. 

27. Establishment of retirement system. 

28. The retirement association. 

29. The board of retirement. 

30. Funds, how raised. 

31. Administration of funds. 



general provisions. 

32. Certificates of membership. Policies. 

33. Payments to estates of deceased mem- 

bers. 

34. Supervision by commissioner of in- 

surance. 

35. Violations of state or teachers' retire- 

ment law or rules. 

36. Violations of county or municipal re- 

tirement law or rules. 

37. Exemption from taxation, attach- 

ments and assignments. 

38. Jurisdiction of superior court. 

private associations for providing 
pensions. 

39. Association for providing pensions. 

40. By-laws and statements. 

41. Exemption from taxation, attach- 

ments and assignments. 



256 



STATE RETIREMENT SYSTEM. 



[Chap. 32. 



Sect. 

municipal pensions fob teachers. 

42. Municipal pensions for teachers. 

43. Same subject. 

MUNICIPAL PENSIONS FOR SCHOOL JANITORS. 

44. Municipal pensions for school jani- 

tors. 

45. Same subject. 

PENSIONS FOR PRISON EMPLOYEES. 

46. Pensions for prison employees. 

47. Computation of time of service. 

48. Amount of pension. 

VETERANS OF THE CIVIL WAR. 

49. Veterans in service of commonwealth. 

50. Veterans in service of county. 

51. Veterans in service of soldiers' home. 

52. Veterans in municipal service. 

53. Veterans employed jointly by two 

towns. 
64. Acceptance of two preceding sections. 

55. Acceptance subject to mayor's veto. 

VETERANS OF SPANISH AND WORLD WARS. 

56. Retirement if incapacitated. 

57. Same subject. 

58. Retirement after thirty years' service. 

59. "Retiring authority" defined. 

60. Acceptance of four preceding sec- 

tions, etc. 

ARMY NURSES. 

60A. Certain army nurses in public service 
to have retirement rights of certain 
veterans. 

PENSIONS FOR JUSTICES AND COURT OF- 
FICERS. 

61. Pensions for justices and judges of 

supreme and probate courts. 

62. Same subject. 

63. Pensions for justices and judges of 

supreme, superior, pi'obate and 
land courts. 

64. Justices of municipal court of Boston. 
C5. Justices of district courts. 

66. Pensions for court officers. 

67. Pensions and expenses, how paid. 

PENSIONS FOR STATE POLICE. 

68. Pensions for state police. 



Sect, 
pensions for metropolitan police. 

69. Pensions for permanent members. 

70. Pensions for call officers. 

71. Annuities to dependents. 

72. Appropriations for pensions, etc. 

73. [Repealed.] 



74. 



PENSIONS FOR SCRUBWOMEN. 

Scrubwomen in state house. 



PENSIONS FOR PROBATION OFFICERS. 

75. Pensions for probation officers. 

76. Amount of pension. 

PENSIONS FOR LABORERS. 

77. Pensions for laborers. 

78. Laborers in fire or water districts. 

79. Existing pensions. 

PENSIONS FOR FIREMEN IN CITIES. 

80. Pensions for firemen in cities. 

81. Amount of pension. 

82. Pensions for call members. 

PENSIONS FOR POLICE AND FIREMEN. 

83. Pensions for police in cities. 

84. Retirement of injured pohce officers in 

cities and towns having no pension 
systems. 

85. Pensions for policemen and firemen in 

towns. 
85A. Retirement of call members of fire 
departments in certain towns. 

86. PoHce pensioners accepting other em- 

ployment not to draw pension. 

87. [Repealed.] 
S7.\. [Repealed.] 

88. Payments to dependents of certain 

persons killed, etc., while aiding 
police officers, etc. 

89. Annuities to dependents of policemen 

or firemen killed, etc., in perform- 
ance of duty. 

90. Aged police officers not subject to 

certain laws. 



91. 

92. 



93. 



MISCELLANEOUS PROVISIONS. 

Pensioners not to be paid for services. 

No interest in a pension, etc., to be 
pledged, etc. Expense of support- 
ing persons receiving such pensions, 
etc., upon becoming public charges 
to be deducted therefrom. 

Certain pensions not affected. 



Definitions. 

1911, 5:i2, § 1. 

1912, 30.3, 5 1. 

1914, 5158. 

1915, IBS, § 1. 
1919, 94; 350. 
(64. 



STATE RETIREMENT SYSTEM. 

Section 1. In sections one to five, inclusive, unless the context 
otherwise requires, the following words shall have the following meanings: 

"Annuities", the payments for life ileriveil from contributions of mem- 
bers; 



Chap. 32.] st.\te retirement system. 257 

5 "Association", the retirement association provided by section two; iszo, 535. 

6 "Board", the board of retirement specified in section three; 487, '§7." 

7 "Employees", persons permanently and regularly employed in the igai] 378! 5 1 

8 direct service of the commonwealth or in the service of the metropolitan 3 0p a.G.460. 

9 district commission, whose sole or principal employment is in such 

10 service; 

11 "Pensions", the payments for life, derived from money contributed by 

12 the commonwealth; 

13 "Regular interest ", interest at three per cent per annum, compounded 

14 semi-annually on the last days of December and June, and reckoned for 

15 full three and six months' periods only; 

16 "Retirement system " or " system ", the arrangements provided for the 

17 payment of annuities and pensions; 

18 "Salary or wages", cash received for regular services together with 

19 such aIlo\\ance for other compensation not paid in cash as may be herein- 

20 after provided ; 

21 The words "continuous service" shall mean uninterrupted employ- 

22 ment, but a lay-off on account of illness or reduction of force, and a leave 

23 of absence, suspension or dismissal, followed by reinstatement within two 

24 years or a period of absence as specified in paragraph G of section five 

25 shall not be considered as breaking the continuity of service; provided, 

26 that in the case of employees engaged in the military or naval service of 

27 the United States or of nations associated with the United States in the 

28 world war such reinstatement may occur at any time within two years 

29 after discharge from such service or release from active duty therein. 

30 As to appointees of the sergeant-at-arms the interval between sessions of 

31 the general court shall not be considered as breaking the continuity of 

32 service. Engineers and inspectors in the intermittent service of the 

33 commonwealth shall not lose the benefit of continuity of service in the 

34 intervals between employments, and for the purpose of computation, 

35 cumulative credit shall be given them for all periods of employment in the 

36 service of the commonwealth as shown by the records of the division of 

37 civil service. 

38 In the case of employees of any department or institution formerly ad- 

39 ministered by a city, county or corporation, and later taken over by the 

40 commonwealth, service rendered prior to such transfer shall be counted as 
41a part of a continuous service. 

42 In the case of employees who before entering the service of the common- 

43 wealth had been regularly employed as teachers in public schools, as 

44 defined by section six, all periods of such emplojinent rendered prior to 

45 July first, nineteen hundred and fourteen, shall be counted as a part of a 

46 continuous service; provided, that this paragraph shall not apply to 

47 employees entering the service of the commonwealth after July first, 

48 nineteen hundred and fourteen, who are not members of the teachers' 

49 retirement association mentioned in section seven. 

50 Any member of the association who shall have withdrawn from the 

51 service of the commonwealth or metropolitan district after June first, 

52 nineteen hundred and twelve, on being re-employed in such service within 

53 two years, may be reinstated in said association in accordance with such 

54 rules for reinstatement as the board shall adopt, and when so reinstated 

55 the period of such withdrawal shall not operate to break the continuity of 

56 service, but shall not be counted as service. All periods of active service 

57 for the commonwealth or metropolitan district rendered prior to June 

58 first, nineteen hundred and twelve, by members of the association shall 



258 STATE RETIREMENT SYSTEM. [ChAP. 32. 

be a part of their continuous service, and for the purpose of computing 59 
the accumulation for the pension for such service, regular interest as 60 
defined in this section shall be allowed for all periods that are to be 61 
counted as service. 62 

stateretire- SECTION 2. There shall be a retirement association for the employees 1 

mi 532 § 3 of the commonwealth, includmg employees in the service ot the metro- 2 

1912! 383! §2. politan district commission, organized as follows: 3 

1916; 54,' (1) All persons who are now members of the state retirement associ- 4 

1918. 257, ation established on January first, nineteen hundred and twelve, shall be 5 

§Hoi, 102, menibers thereof. Any employee who entered the service before said 6 

i92o; 2: 304; January first, who has not become a member of the association, may be- 7 

1921 Cl' Vi- f"""*^ attaining the age of seventy, upon written application to the board, 8 

486, '§4;' ' become a member of the association by paying in one sum an amount 9 

1924, 264. ' ■ equal to the total assessments which he would have paid, together with 10 

iliiim the interest which would have been credited to his account, if he had 11 

Op^'a^'g contributed assessments on a five per cent basis from June first, nineteen 12 

0918)55. hundred and twelve. 13 

Or, such an employee may make application for membership and 14 

accumulate in the annuity fund in instalments, in accordance with such 15 

rules as the board shall adopt, the amount due to join the association, 16 

he being enrolled a member of the association when the total amount 17 

due on account of back assessments and interest has been accumulated 18 

in the annuity fund; provided, that all instalments must be paid before 19 

said employee is sixty years of age. Until the full amount required for 20 

membership has been accumulated, said employee may at any time dis- 21 

continue payments and withdraw his total contributions with interest 22 

thereon. 23 

(2) All persons who are members of the teachers' retirement associa- 24 

tion at the time of entering the service of the commonwealth, and persons 25 

who were or are in the employment of a department or institution for- 26 

merly administered by a city, county or corporation when taken over 27 

by the commonwealth shall become members of the association, irrespec- 28 

tive of age, but no such person shall remain in the service of the com- 29 

monwealth after reaching the age of seventy. Except as provided in 30 

paragraph (3) all other persons who enter the service of the common- 31 

wealth hereafter shall, upon completing ninety days of service, become 32 

thereby members of the association, except that such persons over fifty- 33 

five shall not be allowed to become members of the association, and no 34 

such person shall remain in the service of the commonwealth after reach- 35 

ing the age of seventy. 36 

^p^ AG- (1920) (3) ]\;o officer elected by popular vote shall be a member of the as- 37 

sociation, nor any employee who is or will be entitled to a non-contribu- 38 

tory pension from the commonwealth; but if such employee lea\es a 39 

position for which such a pension is provided, before becoming entitled 40 

thereto, and takes a position to which this section applies, he shall 41 

thereupon become a memt)er of the association. An official under fifty- 42 

five years of age when appointed or reappointed by the governor for a 43 

fixed term of years, may, if his sole employment is in the service of the 44 

commonwealth, become a member of the association by making written 45 

ajiplication for membership within one year from the date of his original 46 

ai>pointmcnt or subsecpient reappointment to the same office. An 47 

official who is a member of the association shall not receive credit 48 



Chap. 32.] state retirement system. 259 

49 for any period of service which he may have rendered as an official from 

50 June first, nineteen hundred and twelve, to the date of his appointment 

51 or reappointment which immediately preceded his membership in the 

52 association. 

53 (4) Any member who reaches the age of sixty and has been in the 4^0p. a. g. 

54 continuous service of the commonwealth for a period of fifteen years op"" a. g. 

55 immediately preceding may retire or be retired by the board upon 

56 recommendation of the head of the department in which he is employed, 

57 or, in case of members appointed by the governor, upon recommendation 
5S of the governor and council, and any member who reaches the age of 

59 seventy must so retire. Any member who is a teacher or principal in 

60 a state school or college where classes are graded or conducted by a 

61 school year or term, or who is an instructor of the blind, on attaining 

62 the age of seventy, shall he retired from the ser\ice at the end of the 

63 school year or term in which said age is attained, but any such member 

64 attaining that age in July, August or September shall then be retired. 

65 (5) Any member who has completed a period of thirty-five years of 

66 continuous service may retire, or may be retired at any age by the 

67 board upon recommendation of the head of the department in which 

68 he is employed, if such action be deemed advisable for the good of the 

69 service. 

70 (6) Employees who are paid partly by the commonwealth and partly 

71 by a county having a retirement system shall be enrolled as members of 

72 the association. Such employees shall be assessed on their full wages or 

73 salaries, and the assessments on the part of such wages or salaries paid 

74 by the county shall be deducted by the county treasurer and turned 

75 over by him to the fund of the association. When any such employee 

76 is retired under this paragraph, the state treasurer shall be reimbursed 

77 out of the county treasury for a part of the pension pa\Tnents to such 

78 employee equivalent to the amount of the annuity payable on the 

79 assessments on that part of his wages or salary paid by the county which 

80 was deducted and turned over to the fund of the association in the 

81 manner hereinbefore provided. 

82 (7) All persons except teachers employed in the training schools 

83 maintained and controlled by the department of education in buildings 

84 owned by the commonwealth shall be considered employees of the 

85 commonwealth. 

86 (8) Retirement of a member for ordinary disability shall be made 

87 by the board on the written application of the head of the department 

88 in which the member is employed or of the member, or of a person act- 

89 ing in his behalf if he is incapable of acting, filed with the board not 

90 later than two years after the date of the member's last salary pay- 

91 ment, if it appears to the board that said member has not attained age 

92 sixty, that he has had fifteen or more years of continuous service im- 

93 mediately preceding the application, that he is permanently physically 

94 or mentally incapacitated for the performance of duty as shown by a 

95 written report of a physician selected by him and that such incapacity 

96 did not result from his own vicious habits, intemperance or wilful mis- 

97 conduct. The retirement allowance of a member retired under this 

98 paragraph shall be computed at his age nearest birthday under para- 

99 graphs (2) B and (2) C of section five, subject, however, to the provisions 

100 of paragraph (2) E of said section, and shall be payable not earlier than 

101 the date of receipt by the board of such application. 



260 STATE RETIREMENT SYSTEM. [ChAP. 32. 

(9) Any member who is found by the board, after examination by 102 
one or more physicians selected by the board, to have been permanently 103 
incapacitated, mentally or physically, by injuries sustained through no 104 
fault of his own while in the actual performance of his duty, from the 105 
further performance of such duty, may be retired, irrespective of age 100 
and of his period of service, and shall receive yearly payments as follows: 107 
(a) an annuity at his age nearest birthday, as provided by section five 108 
{2) B; (b) such a pension from the commonwealth that the sum of the 109 
annuity under section five {£) B (a) and the pension shall equal one 110 
half the annual salary received by him at the time when the injury 111 
was received. Except as otherwise provided, a person retired under this 112 
paragraph shall not receive from the commonwealth any other sum by 113 
way of annuity, pension or compensation. In case of emergency, a 114 
retired officer or inspector of the department of public safety or a retired 115 
permanent member of the metropolitan district police may be called 116 
upon by the proper authority for such temporary active duty as such 117 
officer or inspector is able to perform, and there shall be paid to him 118 
for such service the difference between the rate of full pay and the rate 119 
of pension received by him. Application for disability retirement here- 120 
under shall be made in writing within two years after the date of the 121 
applicant's last salary payment, and pension and annuity payments 122 
granted under this paragraph shall be payable only from the date of 123 
receipt by the board of such application. The board may require re- 124 
examinations from time to time of any member of the association pen- 125 
sioned under this paragraph or under paragraph (8), and if the disability 12(5 
or incapacity is found no longer to exist the pension shall cease and there 127 
shall be refunded to such member such sum, if any, as the board finds 128 
then remaining to his credit in the annuity fund. 129 

(10) If any member is found by the board to have died from injuries 130 
received while in the discharge of his duty, and leaves a widow, or if no 131 
widow any child or chiklren under the age of sixteen, a pension equal to 132 
the retirement allowance to which such member would have been en- 133 
titled under paragraph (9) had he been permanently incapacitated shall 134 
be paid to such widow so long as she remains unmarried, or for the 135 
benefit of such child or children so long as he or any one of them con- 136 
tinues under the age of sixteen. A person receiving a pension under this 137 
paragraph shall not receive from the commonwealth any other sum by 138 
way of annuity, pension or compensation. 139 

(11) The word "injuries", as used in paragraphs (9) and (10) of this 140 
section, shall mean any injury which is a natural and proximate result 141 
of an accident occurring in the performance and within the scope of 142 
duty and without fault of the member. The board may employ special 143 
examiners whenever, in its judgment, it is necessary to assist in deter- 144 
mining the degree of disability under paragraph (8) or (9) of this section. 145 
The fee of each such examiner, not exceeding ten dollars in amount in 146 
any one case, shall be paid by the conunonwealth. The decision of the 147 
board on the question of disability and retirement under said paragraph 148 
(8) or (9) shall be final. Payments under paragraph (10) shall not be 149 
made as of a date earlier than that of the receipt by the board of written 150 
application therefor, except that payments to a child of a deceased mem- 151 
ber shall date from the day as of which payments to his widow shall 152 
terminate. 153 



Chap. 32.] state retirement system. 261 

1 Section 3. (1) The retirement system shall be managed by the Certain duties 

2 board of retirement provided in section eighteen of chapter ten. rptiremont. 

3 (2) Subject to the approval of the board the state treasurer shall have ink sit § 1.' 

4 custody of the funds of the system and any and all unappropriated §®/o3.^^'^' 

5 income thereof, and shall invest and reinvest the same when not required 1%^\^Iq^' 

6 for current disbursements, in accordance with section thirty-eight of }9|o. j^p 

7 chapter twenty-nine. 487. '§?. ' 

8 (3) The board may make by-laws and regulations consistent with law. 

9 (4) It shall determine the percentage of wages or salary that employees 

10 shall contribute to the fund, subject to the minimum and maximum 

11 percentages, and may classify employees for the purposes of the system 

12 and establish different rates of contribution for different classes within 

13 the prescribed limits. It shall add to the cash payment for regular serv- 

14 ices, in cases where an employee of a state institution receives a non-cash 

15 allowance to cover compensation in the form of full or complete boarding 

16 and housing in accordance with the practice in such state institution, an 

17 amount at the rate of five dollars per week, which amount added to said 

18 cash payment shall be the basis upon which annuity contributions shall 

19 be made; and the foregoing provision shall also apply in computing pen- 

20 sions based upon prior service. 

21 (5) The board shall file in the office of the commissioner of insurance, 

22 annually on or before the fifteenth day of February, unless for cause shown 

23 the commissioner shall extend the time, a sworn statement showing the 

24 financial condition of the system on the thirty-first day of the preceding 

25 December and its financial transactions for the year ending thereon. 

26 The statement shall be in the form, and shall give the details, prescribed 

27 by the commissioner. Subject to the same conditions and requirements, 

28 the state treasurer shall file a sworn statement showing the financial 

29 condition of the system on said day. 

1 Section 4. The funds of the retirement system shall be raised as Funds of 

2p 1 1 retirement 

follows : system. 

1911, 532, § 5. 
1915, 198, § 2. 

(1) Expense and Contingent Fund. Ho-i.^^'^' 

1919 5. 

3 Such amount as the general court may annually appropriate for the 1920! 2. 

4 purpose of defraying the entire expense of administration according to 4S7. 'hb,'?. ' 

5 estimates prepared by the state treasurer shall constitute an expense and {gig, lee! ^ ^' 

6 contingent fund. 

(2) Annuity and Pension Fund. 

7 A. Deposits by Mevihers. — (a) Except as hereinafter provided, each 

8 member shall deposit in this fund from his salary or wages, as often as the 

9 same are payable, not less than one nor more than five per cent thereof, 

10 as determined by the board under section three (4) ; but members who 

11 receive as weekly salary or wages an amount in excess of thirty-five dollars 

12 shall not be assessed for contributions to this fund on the excess above 

13 thirty-five dollars. Any member receiving on January first, nineteen 

14 hundred and thirty, salary or wages at the rate of more than thirty dollars 

15 per week shall make deposits based upon the salary or wages received 

16 but not on the amount received exceeding the weekly rate of thirty 

17 dollars, or, upon written application of such member filed with the board 



262 STATE RETIREMENT SYSTEM. [ChAP. 32. 

after said date, upon the full salary or wages received but not on the IS 
amount received exceeding a weekly rate of thirty-five dollars. The U) 
pension for prior service of any member receiving on January first, nine- 20 
teen hundred and thirty, salary or wages at the rate of more than thirty 21 
dollars per week shall be computed upon the salary or wages received 22 
during such service but not on the amount received exceeding the weekly 23 
rate of thirty dollars; but, if such member shall pay deposits prior to 24 
January first, nineteen hundred and thirty-one, on his salary or wages 25 
exceeding a weekly rate of thirty dollars, the pension for prior service 26 
shall be computed upon the salary or wages received but not on the 27 
amount exceeding the weekly rate of thirty-five dollars. 28 

(b) A member who has been in the service of the commonwealth for a 29 
continuous period contributing to the annuity fund during the first part 30 
thereof at the rate of three per cent and during the remainder thereof at 31 
the rate of five per cent may pay in one sum the difference between the 32 
amount credited to him in the annuity fund and the amount which would 33 
have been so credited to him if all his contributions had been at the rate 34 
of five per cent. Or, such a member may accumulate in the annuity fund 35 
in regular instalments during a period not exceeding five years from the 36 
date of the first instalment the amount due to cover such difference with 37 
interest, provided, that all instalments shall be paid before said member 38 
is sixty years of age. _ . . "^^ 

(c) Members of the teachers' retirement association, described in sec- 40 
lion seven, who enter the service of the commonwealth shall have the full 41 
amount of their contributions, with interest thereon as determined by 42 
the teachers' retirement board, transferred by the state treasurer to the 43 
retirement fund provided by this section, and these amounts shall thereby 44 
become a part of their deposits. 45 

B. Contributions of the Commonwealth. — The commonwealth shall 46 
contribute as follows: 47 

(a) Each month, such amount as the board may determine to be 48 
necessary to pay current pensions for subsequent service under section 49 
five (2) C (a). 50 

(6) Each year, such amount as is necessary to guarantee regular 51 
interest and make good any deficiency in the annuity fund as of the pre- 52 
ceding thirty-first day of December. 53 

(c) Each month, such amount as the board may determine to be neces- 54 
sary to pay current pensions for prior service under section five 55 
(2) C{b). _ 56 

{(}) Each month, such amount as the board may determine to be neces- 57 
sary to insure the minimum payments provided for iii section five (~) E, 58 
and also the payments provided for in section two (9) (b). 59 

(e) Each month, such amount as the board may determine to be 60 
necessary to pay current pensions on account of disability, permanent 61 
incapacitation or death under paragraph (8), (9) or (10) of section two. 62 

(3) Provision for Payments. 

All amounts payable by members of the association under paragraph 63 
(2) A (a) of this section sliall be deducted by the commonwealth from tlie 64 
amounts payable to them as salary or wages as often as the same are 65 
pavable, and shall immediately be credited to the retirement fund by the 66 
state treasurer. 67 



Chap. 32.] state retirement system. 263 

1 Section 5. The state treasurer shall administer the funds of the Artminiatration 

2 system in accordance witli tlie following plan: hii'j'."m!;, se. 

w\2. :ira, 5 4. 

linn, ().). § 1; 

(/) Expense and Contingent Fund. 1914,^582, 

3 The fund provided for by section four (/) shall be used, so far as inii wj. 53. 

4 necessary, for the payment of the expenses of administration. Any ibis, 257,' 

5 unused portion shall be repaid into the treasury of the commonwealth. i9i9°5~'°^' 

6 If the amount appropriated for the expense and contingent fund in any §5"2Hf:'5*39®' 

7 year should prove insufficient, the general court shall appropriate in the 487''5'*7''' ^*" 

8 following year an additional sum to cover the deficit. 



1922.341, §53,4. 


1926, 300, § 2. 


1930, 33,5, §§ 1-3. 


1923,20.5, §5 1.2. 


1927, 101. 


1931. 378. § 2; 


1925,244, §§1,2. 


1929, 367. 


426, § 139. 



{£) Annuity and Pension Funds. 
9 A. Refunds. — (a) Should a member of the association enter a posi- Op a. g. 

10 tion in the service of the commonwealth not covered by sections one to Op. a. g.' 

1 1 five, inclusive, or cease to be an employee of the commonwealth for any 

12 cause other than death, or for the purpose of entering the service of the 

13 public schools as defined in section six, before becoming entitled to a 

14 pension, there shall be refunded to him all the money paid in by him 

15 under section four (2) A, with such interest as shall have been earned 

16 thereon. 

17 (6) Should a member of the association die before becoming entitled 

18 to a pension, or should an employee die while in process of accumulat- 

19 ing under section two (1) the amount required to become a member, 

20 all the money contributed by him under section four (2) A , or said sec- 

21 tion two (1), as the case may be, with such interest as shall have been 

22 earned thereon, shall be paid to his legal representatives, subject to 

23 paragraph (2) F of this section. 

24 (c) Should a member of the association resign from the service of the 
2.5 commonwealth at any time after he is eligible for retirement, there shall 

26 be refunded to him upon written demand all the money contributed by 

27 him under section four (2) A, with such interest as shall have been 

28 earned thereon. No such refund shall be made unless and until such 

29 member waives and releases for himself, his heirs and his legal repre- 

30 sentatives and any designated beneficiary any and all claims to any pen- 

31 sion or annuity to which he was entitled at the time of resignation, and 

32 to which his heirs or legal representatives or any designated beneficiary 

33 may thereafter be entitled, by reason of liis membership in the asso- 

34 elation; and no further payment shall be made from the treasury of the 

35 commonwealth to any person by reason of the age, service, disability 

36 or death of said member, unless he shall have been reinstated in the 

37 association in the manner provided in section one. 

38 B. Annuities from Employees' Deposits. — Any member who reaches 

39 the age of sixty and has been in the continuous service of the common- 

40 wealth for fifteen years immediately preceding and then or thereafter 

41 retires or is retired, any member who retires or is retired at the age of 

42 seventy, and any member who is retired for the good of the service under 

43 section two (5), shall receive an annuity to which the sum of his deposits 

44 under section four {2) A, with such interest as shall have been earned 

45 thereon, shall entitle him, according to the tables adopted by the board, 

46 in one of the following forms: 



264 STATE RETIREMENT SYSTEM. [ChAP. 32. 

(a) A life annuity, payable monthly. _ 47 

(h) A life annuity of less amount, payable monthly, with the provi- 4S 

sion that if the annuitant dies before receiving annuity payments equal 49 

to the amount used to purchase the annuity, the difference shall be paid 50 

to his legal representatives, subject to paragraph {£) F of this section. 51 

C. Pensions derived from Contributions by the Commonwealth. — (a) 52 

Pensions based upon subsequent service. Any member entitled to an 53 

annuity under paragraph {^) B of this section shall receive in addition 54 

thereto a pension for life, payable monthly, equivalent to that annuity 55 

to which he would be entitled if his annuity were figured under {2) B (a) 5() 

of this section, to be paid out of the fund contributed by the common- 57 

wealth under section four (2) B (a). In computing the pension for 58 

subsequent service of any member who has left a position in the service 59 

of the commonwealth for which a non-contributory pension is provided 60 

to take a position subject to sections one to five, inclusive, he shall be 61 

credited with regular accumulated contributions to the annuity fund 62 

during his period of service in said former position since June first, 63 

nineteen hundred and twelve. 64 

(/;) Pensions based upon prior service. Any member of the associa- 65 

tion who reaches the age of sixty and has been in the continuous service 66 

of the commonwealth for fifteen years or more immediately preceding 67 

and then or thereafter retires or is retired, any member who completes 68 

thirty-five years of continuous service and then or thereafter retires or 69 

is retired, and any member retired under section two (8), shall receive, 70 

in addition to the annuity and pension provided for by paragraphs 71 

(2) B and (2) C (a) of this section, an extra pension for life as large as 72 

the amount of the annuity, computed under paragraph (2) B (a) of this 73 

section, and the pension, to which he might have acquired a claim if the 74 

retirement system had been in operation at the time when he entered 75 

the service, and if accordingly he had paid regular contributions from 76 

that date to June first, nineteen hundred and twelve at the same rate 77 

at which his contributions were first made and if such contributions 78 

had been accumulated with regular interest; provided, that a member 79 

who pays the full amount provided in paragraph {2) A (6) of section 80 

four in either manner provided therein, shall be credited, in computing 81 

the pension for service prior to June first, nineteen hundred and twelve, 82 

on the basis of contributions at the rate of five per cent. 83 

The pension for prior service under (2) C (6) of this section of any 84 

person becoming a member of the association under chapter three hun- 85 

dred and ten of the acts of nineteen hundred and thirteen or chapter 86 

one hundred and sixty-four of the General Acts of nineteen hundred 87 

and sixteen shall not be based upon or include any allowance for the 88 

time between June first, nineteen hundred and twelve, and the date 89 

when such person became a member of the association. 90 

If any employee is paid partly by the commonwealth and partly by 91 

a county having a retirement system, or has rendered service in the 92 

past both for the commonwealth and for such county, all of his con- 93 

tinuous service rendered either for the commonwealth or for the county 94 

before June first, nineteen hundred and twelve, shall be counted as 95 

part of his prior service for the purposes of this section. 9(i 

Where members of the association are husband and wife, if one of 97 

the two retires or is retired the other may, irrespective of age and service, 98 

on the date of such retirement, be retired by the board, and if so retired, 99 

shall be paid at the attained age the retiring allowances provided under 100 



Chap. 32.] . st.\te retirement system. 265 

101 paragraphs (2) B and C of this section; provided, that the minimum 

102 allowance provided under (2) E of this section shall not apply to a mem- 

103 ber whose retirement allowance is granted under authority of this 

104 paragraph. 

105 If the total contributions, with accumulated interest, at the time of 

106 retirement of any member exceed the amount required to provide an 

107 annuity under paragraph {2) B (a) of this section equal to one fourth 
lOS of the average annual rate of salary or wages of such employee during 

109 the five year period provided for computing the maximum retirement 

110 allowance under paragraph E of this section, the excess above such 

111 amount shall be paid to such member upon his retirement in a lump 

112 sum with the first monthly payment on account of his retirement allow- 

113 ance. Whenever the retirement board deems it to be impracticable to 

114 determine the exact length of service or amount of salary, pay or com- 

115 pensation of a member, said board may estimate the same on a basis 

116 determined by it. 

117 Any employee not a member of the association who had already 

118 reached the age of fifty-five on June first, nineteen hundred and twelve, 

119 may be retired at any time, and shall be paid a pension equivalent to 

120 the minimum payment hereinafter provided for. 

121 (c) Any member entitled to retirement under sections one to five, 

122 inclusive, whose continuous employment for the commonwealth began 

123 at the time a department or institution formerly administered by a city, 

124 county, or corporation was taken over by the commonwealth shall 

125 receive at retirement in addition to the pension payable under para- 

126 graph (2) C {b) of this section an extra pension for life equal to the 

127 annuity he would have purchased under paragraph (2) B (a) of this 

128 section by five per cent contributions from the salary paid to him by 

129 the department or institution from June first, nineteen hundred and 

130 twelve, up to the date of membership in the retirement association if 

131 such contributions had been accumulated with regular interest to the 

132 date of his retirement. 

133 {d) In addition to the interest and surplus otherwise credited under 

134 sections one to five, inclusive, to the account of a member of the asso- 

135 elation who, between the semi-annual interest compounding dates 

136 established by section one, retires or is retired under said sections or 

137 dies or leaves the service, there shall be credited interest on his account 

138 as standing on the semi-annual interest compounding date last preced- 

139 ing his retirement, death or leaving the service at the rate prescribed 

140 by said section one for regular interest, computed from said date to the 

141 first day of the month in which his service ended, in case of his retire- 

142 ment or leaving the service, or to the first day of the month in which 

143 refund is made, in case of his death while in the service. 

144 D. ApplicaHon of Surphts. ■ — Subject to the approval of the com- 

145 missioner of insurance the board may determine the application of any 

146 surplus. 

147 E. Minimum arid Maximum Payments. — ■ Except as otherwise pro- 

148 vided, in no case shall a member, whether he has elected the form of 

149 annuity provided for in paragraph (2) B (a) or (2) B (b) of this section, 

150 be retired at such an annual rate of pension as would, when added to 

151 the annual amount which would be required to be paid from the annuity 

152 fund if he had elected the form of annuity provided for in said para- 

153 graph {2) B (a), amount to a total retirement allowance of less than 

154 three hundred dollars or, in case the member has completed twenty-five 



266 STATE RETIREMENT SYSTEM. [ChAP. 32. 

years or more of service and his annuity at retirement is computed upon 155 
an amount equal to the sum which accumulated contributions for the 15G 
entire period of his membership at the rate of five per cent have pro- 157 
vided, less than four hundred and eighty dollars; and in no case shall 15<S 
a member who has elected either of tiie aforesaid forms of annuity be 159 
retired at such an annual rate of pension as would, when added to the IGI) 
annual amount which would be required to be paid from the annuity 101 
fund if he had elected the form of annuity provided for in said para- 1G2 
graph (2) B (a), amount to a total retirement allowance of more than 1G3 
one half the average annual rate of his salary or wages during the five IG-i 
years prior to retirement, or, if such member resigns or is dismissed prior 165 
to the date of retirement, during the five years prior to such resignation 16G 
or dismissal, except that the minimum retirement allowance hereinbe- 167 
fore provided for such member shall not thereby be reduced. For the 168 
purpose of determining the maximum pension and the maximum annuity 169 
under this section, the rate of salary or wages received by a member on 170 
the date immediately preceding any period of absence without pay 171 
shall be used as the rate of pay which he would have received during 172 
such absence without pay. 173 

All pensions and annuities, and the average annual rate of salary or 174 
wages during the five years prior to retirement, resignation or dismissal, 175 
shall be computed under the preceding sections to the nearest multiple 176 
of twelve. 1 77 

F. — Any sum of money otherwise payable to the legal representatives 178 
of a deceased member or deceased employee under paragraph {£) A (b) 179 
or (2) B {b) of this section shall be paid, subject to the following condi- 180 
tions, to the beneficiary or beneficiaries nominated as hereinafter pro- 181 
vided, if any, surviving at the death of such member or employee, as 182 
appearing in the records of the association at his death, and such pay- 183 
ment or payments shall bar the recovery by any other person of such 184 
sum. Any such member or employee, by a written instrument duly 185 
executed by him and filed with the board prior to his death, upon a form 186 
to be furnished by the board, may nominate, and from time to time 187 
change, one or more beneficiaries to receive, in designated proportion, 188 
but not in the alternative, any such sum; any such person so nominated 189 
by a minor to be of his kindred. The sum which would have been paid 190 
to any beneficiary if he had survived such member or employee shall be 191 
paid to the legal representatives of such member or employee, subject 192 
to the conditions hereinafter provided in this paragraph. Any question 193 
arising hereunder as to survivorship shall be finally determined by the 194 
board. If any sum otherwise payable to the legal representatives of a 195 
member or employee under paragraph (2) A (b) or {2) B (b) of this 196 
section and under this paragraph does not exceed one hundred dollars, 197 
and if there has been no demand upon the board for payment of such 198 
sum by a duly appointed executor or administrator of the estate of such 199 
member or employee, and the board has not otherwise been informed 200 
that probate proceedings relative to such estate have been commenced, 201 
such sum may be paid, after the expiration of three months from the 202 
date of death of such member or employee, to the persons appearing, 203 
in the judgment of the board, to be entitled thereto, and such payments 204 
shall bar recovery by any other person. 205 

G. — Any member of the association during the entire period of time 206 
while receiving from the commonwealth weekly compensation payments 207 
for total incapacity under sections sbcty-nine to seventy-five, inclusive, 208 



Chap. 32.] eetirement system for teachers. 267 

209 of chapter one hundred and fifty-two, or durino; any period, computed 

210 as hereinafter provided, to cover a hinip sum payment from the com- 

211 monwealth in heu of compensation aforesaid and also during a further 

212 period not exceeding tliirty days shall, so long as his account is not 

213 withdrawn from the amiuity fund, be treated in all respects as a con- 

214 tributing member, except as to Hability to contribute to the annuity 

215 fund and except that such a member who attains age seventy prior to 

216 the date of termination of the actual or computed period of compensa- 

217 tion payments shall not be treated as such a member beyond the date of 
21S termination aforesaid. Such a member attaining age seventy as afore- 

219 said shall, without being required to be reinstated in the service of the 

220 commonwealth, be retired on the date of termination aforesaid on a 

221 retirement allowance then payable at age seventy; and such a member 

222 otherwise meeting the age and/or service requirements necessary for 

223 retirement prior to the date of termination aforesaid shall, on and after 

224 the date of termination aforesaid and without being required to be 

225 reinstated in such service, have all the rights and benefits provided by 

226 sections one to five, inclusive, to which he would have been entitled if 

227 his service had not been interrupted by a period of absence as aforesaid, 

228 and if such a former member re-enters the service after the termination 

229 of the aforesaid thirty day period he shall from the date of entry be 

230 treated in all respects as a contributing member; but in case of retire- 

231 ment hereunder no pension or annuity payments shall be made on 

232 account of any period of time prior to the date of receipt by the board 

233 of the written application for retirement. In no case shall interest be 

234 added to the account of such a member beyond the first day of the 

235 month in which the date of termination of the additional thirty day 

236 period occurs, unless such member is sooner reinstated in such service. 

237 The account of such a member in the annuity fund may be withdrawn 

238 at any time upon the filing of a written notice with the board, which shall, 

239 if the member has already become eligible for retirement, be accom- 

240 panied by a waiver as set forth in section five. Whenever such a member 

241 receives a lump sum payment under section forty-eight of chapter one 

242 hundred and fifty-two, the period of time covered by such payment 

243 shall, for the purposes of this section, be computed to begin on the last 

244 day the name of such member appeared upon the pay roll prior to such 

245 payment or on the day of the last compensation payment in case weekly 

246 payments had previously been made and to continue throughout a 

247 number of weeks equal to the quotient of the lump sum pajTnent divided 

248 by the maximum weekly compensation which would otherwise be pay- 

249 able to such member, and any fraction of a week so resulting shall be 

250 taken as a full week. 



RETIREMENT SYSTEM FOR TEACHERS. 

1 Section 6. In sections seven to nineteen, inclusive, unless the con- DeSmUons. 

2 text otherwise requires, the following words shall have the following \l\e] 257. § i. 

3-„ ■ 1917. 233. § 1 

meanings: _ _ 1924:281.51 

4 "Annuities", pa^-ments for life derived from contributions of mem- }^|§; ^|^' \l 

5 hers; 

6 "Annuities-certain", payments for a definite number of years only, 

7 derived from contributions of members, and the number of years during 

8 which pajTnents shall be made shall be determined by the retirement 

9 board; 



268 



RETIREMENT SYSTEM FOR TEACHERS. 



[Ch.\p. 32. 



3 Op. A. G. 
460. 



"Annuity fund", the fund provided in section nine (2); 10 

"Assessments", the annual payments to the annuity fund by mem- 11 

bers; 12 

"Association", the teachers' retirement association provided in sec- 13 

tion seven; 14 

"Board", the teachers' retirement board specified in section eight; 15 

"Expense fund", the fund provided in section nine (1); 16 

"Pensions", payments for life, derived from contributions of the 17 

commonwealth; 18 

"Pension fund", the fund provided in section nine (3); 19 

"Public school", any day school conducted in the commonwealth 20 

under the superintendence of a duly elected school committee, also any 21 

day school conducted under sections one to thirty-seven, inclusive, of 22 

chapter seventy-four; 23 

"Regular interest", interest at the rate determined by the retire- 24 

ment board, which shall be substantially that which is actually earned 25 

compounded annually on the last day of December; 26 

"Retirement system" or "system", the arrangement provided for 27 

payment of annuities and pensions to teachers; 28 

"School year", the twelve months beginning July first in any }ear 29 

and ending June thirtieth next; 30 

"Teacher", any person employed by one or more school committees 31 

or boards of trustees, or by any combination of such committees and 32 

boards, on a full time basis as a teacher, principal, supervisor or super- 33 

intendent in the public day schools in the commonwealth, or as a super- 34 

visor or teacher of adult alien education. 35 



Teachers' 

retirement 

association. 

1913, 832, § 3. 

1914, 494, 
§§ 1.2. 
1916, 54, § 1. 
1919, 292, § 18, 
1924, 203, 5 1. 

1927, 173. 

1928, 184, § 3. 

1929, 36.5, § 1. 
Op, A. G. 
(1918) 81. 



retirement association organ- 



1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 



Section 7. There shall be a teachers 
ized as follows: 

(1) All persons now members of the teachers' retirement association 
established on July first, nineteen hundred and fourteen, shall be mem- 
bers thereof. 

(2) All teachers hereafter entering the service of the public schools 
for the first time shall thereby become members of the association. 

(3) Any teacher who entered the service of the public schools before 
July first, nineteen hundred and fourteen, who has not become a member 
of the association, may hereafter, before attaining the age of seventy, 
upon written application to the board, become a member of the associ- 
ation by paj'ing an amount equal to the total assessments, together with 12 
regular interest thereon, which he would have paid if he had joined the 13 
association on September thirtieth, nineteen hundred and fourteen. 14 
Such a teacher may make application for membership and accumulate 15 
in the annuity fund in instalments, in accordance with such rules as the 16 
board shall adopt, the amount due to join the association, he being en- 17 
rolled a member of the association when the total amount due on account 18 
of back assessments and interest has been accumulated in the annuity 19 
fund; provided, that all instalments must be paid before the teacher is 20 
sixty years of age. Until the full amount required for membership has 21 
been accumulated, a teacher may at any time discontinue payments and 22 
withdraw his total contributions with the regular interest thereon. If 23 
a teacher dies before said full amount has been accumulated, his total 24 
contributions, with regular interest thereon, shall be jiaid to the person 25 
or persons entitled, as if constituting a sum due a deceased member, in 26 
accordance with section thirty-three. 27 



Chap. 32.] retirement system for teachers. 269 

28 (4) Teachers in training schools maintained and controlled by the 

29 department of education shall be considered as public school teachers 

30 under sections seven to nineteen, inclusive, and such a teacher upon 

31 becoming a member of the association shall thereafter pay assessments 

32 based upon his total salary including the part paid by the common- 

33 wealth; provided, that the total assessments shall not exceed in any 

34 year the maximum annual assessment established by paragraph (2) of 

35 section nine. Such assessments shall be deducted in accordance with 

36 rules prescribed by the board. This paragraph shall not apply to 

37 teachers regularly employed in the normal schools and therefore subject 

38 to sections one to five, inclusive, although they devote a part of their 

39 time to training school work. 

1 Section 8. (1) The retirement system shall be managed by the Certain duties 

2 teachers' retirement board provided in section sixteen of chapter fifteen. mpnt"oarT 

3 (2) The board may make by-laws and regulations consistent with Jglg' tU' f ei 

* i«" . ^ 1930_ 238, § 2. 

5 (3) The board shall provide for the payment of retirement allowances 

6 and the other expenditures required by sections seven to nineteen, 

7 inclusive. 

8 (4) [Repealed, 1930, 238, § 2.] 

9 (5) The board shall perform such other functions as are required to 
10 comply with sections seven to nineteen, inclusive. 

1 Section 9. The funds of the system shall consist of an expense fund, memyatlm'.'^ 

2 an annuity fund and a pension fund. }UJ|' *32. § 5. 

3 (1) The expense fund shall consist of such amounts as shall annually WfiPlL 

4 be appropriated by the general court, on estimates submitted by the i9i9, s. 

5 board, to defray the expenses of administration, exclusive of the pay- 1923! 184, § 3. 

6 ment of retirement allowances. Hlo] Its. § 1. 

7 (2) The annuity fund shall consist of assessments paid by members and 

8 interest derived from investments of the annuity fund. Each member 

9 shall pay into the annuity fund, by deduction from his salary in the 

10 manner provided in section twelve (5), such assessments upon his salary 

11 as may be determined by the board. The rate of assessment shall be 

12 established by the board on the first day of July of each year after a prior 

13 notice of at least three months, and shall at any given time be uniform 

14 for all members of the association, and shall not be less than three nor 

15 more than seven per cent of the member's salary; provided, that when 

16 the total sum of assessments on the salary of any member at the rate 

17 established by the board would amount to more than one hundred dollars 

18 or less than thirty-five dollars for a full school year, such member shall 

19 in lieu of assessments at the regular rate be assessed at the rate of one 

20 hundred dollars a year or thirty-five dollars a year, payable in equal 

21 instalments, to be assessed for the number of months during which the 

22 schools of the community in which such member is employed are com- 

23 monly in session. Any member who shall for thirty years have paid 

24 regular assessments to the annuity fund shall be exempt from further 

25 assessments; but such member may thereafter, if he so elects, continue 

26 to pay his assessments to the fund. No member, however, shall pay 

27 further assessments after the total sum of assessments paid by him shall 

28 have amounted, with regular interest, to a sum sufficient to purchase 

29 under section ten (3) (a) an annuity of six hundred and fifty dollars at 

30 age sixty, and interest thereafter accruing shall be paid to the member on 



270 KETIREMENT SYSTEM FOR TEACHERS. [ChAP. 32. 

his retirement. The commonwealth shall annually contribute such 31 
amount as is necessary to make good any deficiency in the annuity fund 32 
for active or retired members as of the preceding thirty-first day of 33 
December. 34 

(3) The pension fund shall consist of such amounts as shall be appro- 35 
priated by the general court from time to time, on estimates submitted by 36 
the board, for the purpose of paying pensions to teachers. 37 

(4) Members of the state retirement association, provided in section 38 
two, who enter the service of the public schools shall have the full amount 39 
of their contributions, together with such interest as shall ha\-e been 40 
earned thereon, transferred by the state treasurer to the annuity fund 41 
established by paragraph (2) of this section, and these amounts shall 42 
thereby become a part of their assessments. 43 

SfowL°n^ces. Section 10. (1) Any member of the association shall, on written ap- 1 

}JI1?'?2?- f §■ plication to the board, be retired from service in the public schools on 2 

1915, 197, s ^. ^ , . . „ . • 1 (> xc • 1 • • 

1916, 257, 1 2. attammg the age or sixty, or at any tmie thereafter. It m the opinion 3 
1918! 25?', ' of the emploving school committee any member who has attained said 4 
1919, 5. ■ age is incapable of rendering satisfactory service as a teacher, he may, 5 
1920, 2; 49; ^^.j^j^ ^j-^g approval of the board, be retired by such committee. If he 6 
19^8' 184' § 3 ^^ "^t employed by a school committee, he may be so retired bv his 7 
ifiii: employer. _ _ "_ 8 

(2) Any member, on attaining the age of seventy, shall be retired 9 
from service in the public schools at the end of the school year in which 10 
said age is attained, but any member attaining that age in July, August 11 
or September shall then be retired. 12 

(3) A member, after his retirement under paragraph (1) or (2) of this 13 
section, shall be entitled to receive from the annuity fund, as he shall 14 
elect at the time of his retirement, on the basis of tables adopted by 15 
the board: (a) an annuity, payable in quarterly payments, to which 16 
the sum of his assessments under section nine (2), with regular interest 17 
thereon, shall entitle him; or (b) an annuity of less amount, as deter- 18 
mined by the board for the annuitants electing such option, payable in 19 
quarterly payments, with the provision that if the annuitant dies before 20 
receiving annuity payments equal to the amount used to purchase the 21 
annuity, the difference shall be paid to his estate. 22 

(4) Any member receiving payments of an annuity as provided in 23 
paragraph (3) of this section, if not rendered ineligible therefor by section 24 
fifteen, shall receive with each quarterly payment of his annuity an 25 
amount from the pension fund, as directed by the board, equal to the 26 
quarterly annuity payment to which he would be entitled if his annuity 27 
were figured under clause (a) of paragraph (3) of this section. 28 

(5) Any member who served as a regular teacher in the public schools 29 
prior to July first, nineteen hundred and fourteen, and who has served 30 
fifteen years or more in the public schools, not less than five of which 31 
shall immediately precede retirement, on retiring as provided in paragraph 32 
(1) or (2) of this section, shall be entitled to receive a retirement allow- 33 
ance as follows: (a) such annuity and pension as may be due under 34 
paragraphs (3) and (4) of this section; (h) an additional pension to such 35 
an amount that the sum of this additional pension and the pension pro- 36 
vided in paragraph (4) of this section shall equal the annuity to which 37 
he would have been entitled under sections seven to nineteen, inclusive, 38 
if he had paid thirty assessments based on his average yearly rate of 39 
salary for the five years immediately preceding his retirement, at the rate 40 



Chap. 32.] retirement system for teachers. 271 

41 of assessment in effect at that time, and his account had been annually 

42 credited with interest at the rate of four per cent per annum; pro\idcd, p™™"- 

43 that if his term of service in the commonwealth shall have been over 
4-4 thirty years, the thirty assessments, with interest as provided above, 

45 shall" be credited with interest at the rate of four per cent, compounded 

46 annually for each year of service in excess of thirty; but the assumed 

47 accumulation of assessments with interest under this paragraph shall not 

48 exceed the amoimt which at the age of sixty and in accordance with 

49 clause (o) of paragraph (3) of this section will purchase an annuity of six 

50 hundred and hfty dollars, and the minimum pension shall be of such an 

51 amount that the annual pension, plus the annual amount which would 

52 have been paid from the annuity fund if the member had chosen an 

53 annuity computed under clause (3) (a) of this section, shall be four hun- 

54 dred dollars. If a member is at any time eligible to retire and receive a 

55 pension computed under this paragraph, he shall receive upon retire- 

56 ment a pension computed hereunder without the necessity of five years of 

57 continuous service preceding retirement. 

58 (6) If at any time it is impossible or impracticable to consult the 

59 original records as to wages received by a member during any period, 

60 the board shall determine the pension to be paid under clause (b) of para- 

61 graph (5) of this section in accordance with the evidence it may be able to 

62 obtain. 

63 (7) In determining the retiring allowance of a member of the asso- 

64 ciation who was regularly employed by the commonwealth prior to June 

65 first, nineteen hundred and twelve, or as a teacher in the public schools 

66 prior to July first, nineteen hundred and fourteen, credit shall be given 

67 in the manner provided for by paragraph (5) of this section for all periods 

68 of employment by the commonwealth and of service as a teacher in the 

69 public schools, if such service is fifteen years or more, not less than five 

70 of which shall immediately precede retirement; provided, that this 

71 paragraph shall not apply to any person who had the option of joining 

72 the state retirement association and did not become a member thereof. 

73 Such rules as the board may adopt under paragraph (3) of section eleven 

74 shall apply to a person becoming a member thereof after July first, nine- 

75 teen hundred and twenty, who shall have withdrawn any sum from the 

76 state retirement association. 

77 (8) Any member of the association whose employment by the com- 

78 monwealth and service in the public schools amount to twenty or more 

79 years, the last five years of which are consecutive, and who, before at- 

80 taining the age of sixty, becomes permanently incapable of rendering 

81 satisfactory service as a teacher by reason of physical or mental disability, 

82 may, with the approval of the board, be retired by the employing school 

83 committee or other employer as provided in paragraph (1). 

84 (9) Any member shall, upon retirement under the preceding para- 

85 graph, and during the continuance of disability, be entitled to receive 

86 from the annuity fund, in quarterly payments, a sura computed in ac- 

87 cordance with paragraph (3) of this section; provided, that upon the 

88 approval of the board, an annuity-certain based upon the tables of the 

89 board may be substituted for either of the plans provided for in said 

90 paragraph ; and in case of the death of the annuitant before all the in- 

91 stalments thereon have been paid, the value at that time of the unpaid 

92 instalments, as determined on the basis of the tables adopted by the 

93 board, shall be paid to his estate. 

94 (10) Any member receiving a payment under the preceding para- 



272 RETIREMENT SYSTEM FOR TEACHERS. [ChaP. 32. 

graph shall, if not rendered ineligible therefor by section fifteen, receive 
from the pension fund for each year of service a pension equal to one 
thirtieth of the pension which would have been due him if he had retired 
at the age of sixty, having paid thirty annual assessments to the annuity 
fund, and received an annuity computed in accordance with clause (o) 
of paragraph (3) of this section; provided, that the minimum annual 
amount to be paid from the pension fund shall be such that a member 
shall receive from this fund, for each year of his service, one thirtieth of 
two hundred and fifty dollars; and provided, further, that the total re- 
tiring allowance shall not be greater than the amount which the said mem- 
ber would receive if he were to continue in service until the age of sixty, 
contributing annual assessments based on his average yearly rate of 
salary for the five years immediately preceding retirement, at the rate of 
assessment in effect at that time. 

(11) If a member is granted an annuity-certain by the board, his 
total retiring allowance shall not be limited to the total retiring allowance 
which he would have received at the age of sixty, as provided in the 
preceding paragraph, but the amount to be paid from the pension fund 
shall be the amount which would have been paid from that fund if an 
annuity-certain had not been granted. 

(12) In computing the amount to be paid from the pension fund 
under paragraph (10) of this section, the assumed assessments necessary 
to complete the thirty annual assessments shall be based on the average 
yearly rate of salary for the five years immediately preceding retirement, 
and shall be at the rate of assessment in effect at that time. Interest on 
the amount to the member's credit on his retirement and on the assumed 
assessments shall be figured at the rate of four per cent. 

(13) No member shall be retired under paragraph (8) of this section 
until the fact of his disability has been certified to on oath by an examin- 
ing physician selected by the employing school committee or other em- 
ployer as provided in paragraph (1) and approved by the board, and 
until any further evidence of his disability which the board may require 
shall have been furnished. 

(14) At intervals of not less than one year, any member receiving 
a retiring allowance under this section, who has not attained the age 
of sixty, shall, if so requested by the board, be re-examined by a phy- 
sician selected by it. If the board finds that disability which prevents 
satisfactory service as a teacher no longer exists, the retiring allowance 
shall cease. Refusal to submit to re-examination shall be cause for dis- 
continuing the retiring allowance. 

(1.5) If a teacher ceases to receive a retiring allowance under the pre- 
ceding paragraph, the amount then to his credit in the annuity fund 
shall be determined on the basis of tables adopted by the board, and the 
said amount shall be considered to constitute the sum of his assessments, 
with the regular interest allowed thereon, to the time when his retiring 
allowance ceased. 

(16) Any member who shall cease to receive a retiring allowance 
under paragraph (14) of this section, who does not re-enter public school 
service, and who does not withdraw the amount to his credit in the 
annuity fund, may, upon attaining the age of sixty, receive a retiring 
allowance computed in accordance with paragraphs (3) and (4) of this 
section, or may, before attaining the age of sixty, under conditions to be 
determined by the board, upon request and after an interval of one year, 
be entitled to further re-examination by a physician selected by it, and, 



ClIAP. 32.] RETIREMENT SYSTEM FOR TEACHERS. 273 

149 if disability contracted during service as a public school teacher is found 

150 to exist, shall again be entitled to receive a retiring allowance under par- 

151 agraphs (9) and (10) of this section. 

152 (17) In determining the average salary under paragraphs (5), (10) 
15.3 and (12) of this section, the yearly rate which the teacher would have 

154 received had he been in service shall be used for periods of sickness or 

155 leave of absence. 

156 (18) Periods of leave of absence or sickness of one month or more shall 

157 not be considered as part of the five years of service immediately pre- 
1,58 ceding retirement required under paragraphs (5), (7) and (8) of this 

159 section, but, subject to the approval of the board, such periods of absence 

160 or sickness shall not be considered as breaking the continuity of service. 

161 (19) No pension under paragraph (4) shall exceed one third of the 

162 member's average yearly rate of salary for the five years unmediately 

163 preceding his retirement, and no pension under paragraph (5), except a 

164 minimum pension, shall exceed one half of the member's average yearly 

165 rate of salary for the five years immediately preceding his retirement; 

166 provided, that the pension of any person who became a member of the 

167 teachers' retirement association prior to June thirtieth, nineteen hundred 

168 and twenty-nine, shall in no case be reduced by this paragraph to an 

169 amount less than the amount to which such person would have been 

170 entitled as pension had the provisions of sections seven to nineteen, 

171 inclusive, in effect immediately prior to said date been in effect at the 

172 time of his retirement. All annuities and pensions under this section 

173 shall be in multiples of four cents. 

1 Section 11. (1) Any member withdrawing from the public school f9r3!l32!T7. 

2 service before becoming eligible to retirement, except for the purpose J^is. iss, § 3. 

3 of entering the service of the commonwealth, and any member who be- ^l^'^[ 

4 comes subject to chapter two hundred and thirty-seven of the acts of i9i9, |92,^5^i9. 

5 nineteen hundred and chapter five hundred and eighty-nine of the acts ims! ssi, § i. 

6 of nineteen hundred and eight as amended or chapter five hundred and ig^s! i84; § 3. 

7 twenty-one of the acts of nineteen hundred and twenty-two shall be en- ^^^^' ^^°- 

8 titled to receive from the annuity fund all amounts contributed as 

9 assessments, together with regular interest thereon, either in one sum or, 

10 at the election of the board, in four quarterly payments. If a member 

11 dies before receiving all his quarterly payments the balance thereof 

12 shall be paid to his estate. 

13 (2) Any member thus withdrawing, after having paid ten annual 

14 assessments, may receive, at his election and in lieu of payments under 

15 paragraph (1) of this section, an annuity for life, as determined by the 

16 board, of such amount as the sum of his assessments under section nine, 

17 paragraph (2), with regular interest thereon, shall entitle him to receive, 

18 with the provision that if he dies before receiving payments equal to 

19 the amount used to purchase the annuity the difference shall be paid 

20 to his estate. 

21 (3) Any member after having withdrawn from the public school 

22 service shall, on being re-employed in such service, be reinstated as a 

23 member in accordance with such rules for reinstatement as the board 

24 shall adopt. 

25 (4) If a member who is not receiving payments under paragraph (1) 

26 or (2) of this section dies before retirement, the full amount of his as- 

27 sessments, with regular interest thereon, shall be paid to his estate. 

28 (5) All sums due the estate of a deceased member from the annuity 



274 



RETIREMENT SYSTEM FOR TEACHERS. 



[Chap. 32. 



and pension funds of the association shall be paid to such beneficiary as 29 
he shall have named in writing on a form furnished by the board and 30 
filed with the board, properly executed, prior to his death, and such 31 
payment shall be a bar to recovery by any other person; provided, 32 
that if there be no named beneficiary surviving the deceased member, 33 
the amount due the estate shall be paid in accordance with section thirty- 34 
three. A member may at any time revoke or change the designation of 35 
a beneficiary by a written instrument duly executed by him and filed 36 
with the board prior to his death, the form for this purpose to be fur- 37 
nished by the board. _ 38 

(6) Interest shall not be credited to any account in the annuity fund, 39 
while subject to withdrawal under this section, after the third annual 40 
compounding date following the time when such account became subject 41 
to withdrawal under paragraph (1). 42 



Duties of 

school com- 
mittees. 
1913, 832. § 9. 
1928, 184, § 3. 



Section 12. (1) Any school committee, before employing a teacher 
to whom sections seven to nineteen, inclusive, apply, shall notify him 
of his duties and obligations under said sections. 

(2) Annually on or before October first school committees shall certify 
to the board the names of all teachers to whom said sections apply. 

(3) School committees shall, on the first day of each month, notify the 
board of the employment of new teachers, removals, withdrawals or 
changes in salaries occurring during the month preceding. _ o 

(4) Under the direction of the board, school committees shall furnish 9 
such other information as the board may require relevant to the discharge 10 
of the duties of the board. H 

(5) The school committee of each town shall, as directed by the 12 
board, deduct from the amount of the salary due each teacher employed 13 
in the public schools of such town such amounts as are due as contribu- 14 
tions to the annuity fund as prescribed in section nine, shall send to the 15 
treasurer of said town a statement as voucher for such deductions, and 16 
shall send a duplicate statement to the secretary of the board. 17 

(6) School committees shall keep such records as the board may 18 
require. ^^ 



Trustees of SECTION 13. The boards of trustees of schools conductcd Under scc- 1 

i9'i3,"832, uo. tions one to twenty-four, inclusive, of chapter seventy-four shall per- 2 
1928, 181. § 3. ^^^^^ ^jj ^^^ duties prescribed for school committees under section twelve. 3 



Treasurers of 
cities and 
towns, duties. 
1913. 832, § 11. 
1928, 184, I 3. 



Section 14. (1) The treasurer of each town, on receipt from the 
school committee or board of trustees of the voucher for deductions 
from the teachers' salaries provided for in section twel\-e, shall transmit 
monthly the amounts specified in such voucher to the secretary of the 
board. 

(2) The secretary of the board shall monthly pa\' to the state treas- 
urer all sums received under the preceding paragraph. 

(3) All funds of the system shall be in the custody of the state treas- 
urer, and he shall, in accordance with the laws governing the investment 
of sinking funds, invest and reinvest such funds as are not required for 10 
current disbursements. 11 

(4) The state treasurer shall make such payments to members fr()m 12 
the annuity fund and pension fund as the board shall order to be paid, 13 
in accordance with sections ten and eleven. 14 



Chap. 32.] retirement system for teachers. 275 

15 (5) On or before the third Wednesday in January, the state treasurer 
IG shall file with the commissioner of insurance and with the secretary of 

17 the board a sworn statement exhibiting the financial condition of the 

18 system on December thirty-first precetling and its financial transactions 

19 for the year ending thereon. Such statement shall be in the form pre- 

20 scribed by the board and approved by the commissioner of insurance. 

1 Section 15. (1) No person required to become a member of the Membership 

2 association shall participate in the benefits of any other teachers' retire- ret?re,nent 

3 ment system, supported in whole or in part by funds raised by taxation, inls^gs™^ 12. 

4 or be entitled to a pension under section forty-three or cha]rter five hun- ^^^\^^' ^ ^■ 

5 dred and eighty-nine of the acts of nineteen hundred and eight, as (w^o) ids. 

6 amended by chapter six hundred and seventeen of {he acts of nineteen 

7 hundred and ten. 

8 (2) No member shall receive any pension under section ten who is 

9 at the time in receipt of a pension paid from funds raised in whole or in 

10 part from taxation, under section forty-three or under chapter five hun- 

11 dred and eighty-nine of the acts of nineteen hundred and eight, as 

12 amended by chapter six hundred and seventeen of the acts of nineteen 

13 hundred and ten, or any other act providing pensions for teachers. 

1 Section 16. (1) Whenever, after July first, nineteen hundred and ^f^i^y^'j^'^'X"" 

2 fourteen, a town retires a teacher who is not eligible to a pension under 'j°'j™g32 5 „ 



3 section ten and pays to such teacher a pension in accordance with section igib; 292] _ ^^ 

4 forty-three, or chapter five hundred and eighty-nine of the acts of nine- 1924! 250! 

5 teen hundred and eight and acts in amendment thereof, or chapter five '®^*' "*• * ^^ 



6 hundred and twenty-one of the acts of nineteen hundred and twenty-two 

7 and acts in amendment thereof, and the chairman or secretary of the 

8 school committee of said town or the chairman or executive officer of 

9 the retirement board of the Boston retirement system established by 

10 said chapter five hundred and twenty-one certifies under oath to the 

11 board the amount of said pension paid during any period prior to the 

12 preceding July first for which reimbursement has not been made and 

13 furnishes such other information as the board may require, said town 

14 shall be reimbursed therefor by the commonwealth; provided, that no 

15 such reimbursement shall be granted unless the retirement has been 

16 approved by the board and the amount of said reimbursement shall not 

17 be in excess of the amount, as determined by the board, to which said 

18 teacher would have been entitled as a pension, had he been a member 

19 of the association. 

20 (2) The board shall make an annual report containing a statement 

21 of the amount expended previous to the preceding first day of July 

22 by towns in the payment of pensions under the preceding paragraph, 

23 for which such towns should receive reimbursement. On the basis of 

24 such a statement, the general court may make an appropriation for 

25 the reimbursement of such towns up to such first day of July. 

1 Section 17. Upon the petition of not less than five per cent of the R<'/,<^;|^^™" 

2 legal voters of any city or town in which sections forty-two and forty- i9i3'*832,'|i5. 

3 three are in force, the following question shall be placed upon the ballot 

4 and submitted to the voters of such city at the next city election, or to 

5 the voters of such town at the next annual town meeting: "Shall sec- 

6 tions forty-two and forty-three of chapter thirty-two of the General 



276 



COXJNTY RETIREMENT SYSTEMS. 



[Chap. 32. 



Laws, authorizing cities and towns to retire and pension teachers in tlie 7 

public schools, be repealed? " If a majority of the voters voting thereon 8 

at such election or meeting shall vote in the affirmative, said sections shall 9 

cease to be in force in such city or town. 10 



Certain 
sections not 
applicable to 
Boston. 
1913. 832, § 3. 
1920, SO, § 1. 



Section 18. Sections six to fifteen, inclusive, shall not apply to 
teachers in the public schools of Boston, except teachers who, on Sep- 
tember first, nineteen hundred and twenty-three, are employed by 
Boston and are members of the association. 

1923, 381, § 2. 192S, 184, § 3. Op. A. G. U920) 165. 



Persons em- 
ployed in the 
public schools 
and also by 
the common- 
wealth. 
1920, 56. 

1928, 184, § 3. 

1929, 385, § 5. 



Section 19. A person who is principally employed as a teacher in 1 
the public schools but who is also employed by the commonwealth shall, 2 
if a member of the teachers' retirement association, pay assessments to 3 
the annuity fund established by paragraph (2) of section nine, based on 4 
the total salary received for service as a public school teacher and for 5 
employment by the commonwealth; provided, that the annual assess- 6 
ment of such a member shall not exceed the maximum annual assess- 7 
ment estabhshed by said paragraph (2). 8 

A person who is principally employed by the commonwealth but 9 
who is also employed in the public schools shall not be a member of the 10 
teachers' retirement association, but shall be subject to sections one to 11 
five, inclusive, and if a member of the state retirement association shall 12 
pay assessments to the annuity fund established by section four based 13 
on the total salary received for service renilered to the commonwealth 14 
and for employment as a public school teacher; provided, that the 15 
annual assessment of such a member shall not exceed the maximum 16 
annual assessment established by paragraph (2) A (a) of said section four. 17 

Assessments under this section shall be deducted from salary or other 18 
compensation in accordance with the rules and regulations prescribed 19 
by the respective retirement boards ha\ing jurisdiction. 20 

This section shall not apply to teachers referred to in paragraph (4) 21 
of section seven. 22 



Definitions. 
1911. 634, § 1. 
1913, 817, § 1. 
1915, 234, § 1. 
1919. 106. 
1921, 413. 

1923, 479, 

1924, 281, 



5 3. 

§2. 



1926, 378, § 1. 



COUNTY retirement SYSTEMS. 

Section 20. In sections twenty-one to twenty-five, inclusive, unless 1 

the context otherwise requires, the following words shall have the follow- 2 

ing meanings: 3 

"Annuities", the payments for life derived from money contributed 4 

by the members; 5 

" Association ", the retirement association provided by section twenty- 6 

two; 7 

"Board", the retirement board provided by section twenty-three; 8 

"Employees", any persons permanently and regularly employed in 9 

the direct service of the county whose sole or principal employment is 10 

in such service, except teachers employed in any day school conducted 1 1 

under sections twenty-five to thirty-seven, inclusive, of chapter seventy- 12 

four, and also any officials or public officers whose compensation is paid 13 

by the county, whether employed or aj)pointed for a stated term or 14 

otherwise, except, in counties other than Worcester, an official or public 15 

officer elected by the people. 16 

"Pensions", the payments for life derived from money contributed 17 

by the county; 18 



Chap. 32.] county retirement systems. 277 

19 " Regular interest ", interest at three per cent per annum, compounded 

20 semi-annually on the last days of December and June and reckoned for 

21 full three and six months' periods only; 

22 "Retirement system" or "system", the arrangements provided for 

23 the payment of annuities and pensions; 

24 The words "continuous service" shall mean uninterrupted employ- 

25 ment; but a lay-off on account of illness or reduction of force, and a 

26 leave of absence, suspension or dismissal, followed by reinstatement 

27 within two years, shall not be considered as breaking the continuity of 

28 ser\-ice; pro\'ided, that in reckoning the period of two years, all time 

29 spent in the military or naval service of the United States or of any 

30 nation associated with it in the world war shall be excluded. 

31 In the case of employees of the county who are now paid wholly by 

32 it, but who at any prior period were employees of the county as defined 

33 above and were not paid wholly by it, or in the case of employees of 

34 any department or institution formerly administered by the common- 

35 wealth or formerly administered in part by the commonwealth and in 

36 part by the county and later taken over by the county, service rendered 

37 prior to such payment in whole by the county or transfer to it shall be 

38 counted as a part of their continuous service. 

1 Section 21. Any coimty, except one which has established a system Establishment 

2 under chapter six hundred and thirty-four of the acts of nineteen hun- sys'tem*'"^" 

3 dred and eleven, may establish a retirement system for its employees by ll\l] 350,' | %. 

4 accepting sections twenty to twenty-five, inclusive, in the following Jgos] 479. § 3. 

5 manner: Upon the initiative of the county commissioners, the following 

6 question shall be placed upon the ballot and submitted to the voters of 

7 the county at the next state election: " Shall sections twenty to twenty- 

8 five, inclusive, of chapter thirty-two of the General Laws, entitled 

9 ' County Retirement System ', be accepted? " If a majority of the voters 

10 voting thereon at such election shall vote in the affirmative, said sections 

11 shall take effect in that county, as hereinafter provided. 

12 A copy of the vote, sworn to by the county commissioners or the 

13 officers corresponding thereto, shall, within thirty days after the date 

14 of the vote, be filed in the office of the commissioner of insurance. The 

15 latter shall forthwith issue a certificate that the retirement system is 

16 declared established in that county, to become operative on the first 

17 day of January or the first day of July following the expiration of three 

18 months after the date of the certificate. 

1 Section 22. Whenever a county shall have voted to establish a The retirement 

2 retirement system under section twenty-one, or corresponding provisions i9u?63™'§ 3. 

3 of earlier laws, a retirement association shall be organized as follows: i9i8;2*57!'§\i7. 

4 (1) All employees of the county on the date when the retirement Jgio, i.' ^^' 

5 system is declared established by the issue of the certificate under J9|J' *^f j 3 

6 section twenty-one may become members of the association. On the 1930', 413'. 

7 expiration of thirty days after said date, every such employee shall 

8 thereby become a member unless he shall have, within that period, sent 

9 notice in writing to the county commissioners or officers performing 

10 like duties that he does not wish to join the association. 

11 (2) All employees who enter the service of the county after the date 

12 when the system is declared established, except persons who have 

13 already passed the age of fifty-five, shall, upon completing ninety days 

14 of service, thereby become members. Persons over fifty-five who enter 



278 COUNTY RETIREMENT SYSTEMS. [ChAP. 32. 

the service of the county after the establishment of the system shall 15 
not he allowed to become members, and no such employee shall remain 16 
in the service of the county after reaching the age of seventy. 17 

(3) No officer elected by popular vote, except in Worcester county, 18 
nor any employee who is or will be entitled to a pension from any county 19 
for any reason other than membership in the association may become a 20 
member. 21 

(4) Any member who reaches the age of sixty and has been in the 22 
continuous service of the county for fifteen years immediately preceding 23 
may retire, or be retired by the board upon recommendation of the 24 
head of the department in which he is employed, and any member who 25 
reaches the age of se\-enty shall so retire. 26 

(5) Any member who has completed thirty-five years of continuous 27 
service may retire, or be retired upon recommendation of the head of 28 
the department in which he is employed, if such action be deemed 29 
advisable for the good of the service. 30 

(()) Any officer of a jail or house of correction who is a member and 31 
who is found by the board, after examination by one or more physicians 32 
selected by the board, to have been permanently incapacitated, mentally 33 
or physically, by injuries sustained through no fault of his own while 34 
in the actual performance of his duty, from the further performance of 35 
such duty, may be retired, irrespective of age and of his period of service, 36 
and shall receive yearly payments as follows: (a) an annuity at his age 37 
nearest birthday, as provided by section twenty-five (i?) B; and (6) 38 
such a pension from the county that the sum of the annuity under sec- 39 
tion twenty-five (i^) B {a) and the pension shall equal one half the 40 
annual salary received by him at the time when the injuries were received. 41 
Except as otherwise provided, a person retired under this paragraph 42 
shall not receive from the county any other sum by way of annuity, 43 
pension or compensation. A])plication for disability retirement here- 44 
under shall be made in writing within two years after the date of the 45 
said injuries, and the pension and annuity payments granted under this 46 
paragraph shall be payable only from the date of receipt by the board of 47 
such application. The board may require re-examinations from time to 48 
time, and the county commissioners shall require re-examinations at 49 
least annually, of any member pensioned under this paragraph. Re- 50 
examinations under authority of this paragraph shall be by one or more 51 
physicians selected by the board or by the county commissioners, as 52 
the case may be. 53 

(7) The term "officer", as used in paragraph (G), shall be deemed to 54 
mean and include any person who is employed to, and who as a regular 55 
part of his duty does, have charge either of all or of a definite number of 56 
persons committed to the jail or house of correction by legal process. 57 

(8) Upon the completion of any re-examination provided for by para- 58 
graph (6) the physician or physicians making the same shall report and 59 
certify to the board, or to the county commissioners, as the case may be, 60 
whether said beneficiary is still incapacitated mentally or physically for 61 
ser\ice in the institution where he was employed and of the rank or rating 62 
held by him w'hen retired for disability. 63 

If such physician or phxsicians shall find that the disability for which 64 
the member was retired under said paragraph (6) has ceased, or if the 65 
member fails to submit to said re-examination, his retirement allowance 66 
shall cease. Should the finding be that disability for which a member was 67 
so retired has ceased, he shall, if he so desires, be restored to acti\e duty 68 



Chap. 32.] county retirement systems. 279 

69 with the same rank and salary which he had when he was retired. Should 

70 the retirement allowance of any disability beneficiary cease as provided 

71 in this paragrajih without his restoration to service, there shall be re- 

72 funded to him such sum, if any, as the board shall find remaining to his 

73 credit in the annuity fund. Should a disability beneficiary be restored 

74 as aforesaid to active service, he shall then become again a member of the 

75 retirement system and shall be credited with such sum, if any, as the 

76 board shall find remaining to his credit in the annuity fund. When next 

77 retired his retirement allowance shall be based upon his service period 

78 preceding his first retirement together with the service period from the 

79 date of his restoration to service to the date of his final retirement. 

SO (9) If any such member is foimd by the board to have died from 

81 injuries received while in the discharge of his dutj-, leaving a widow, or, 

82 if no widow, any child or children under the age of sixteen, a pension 

83 equal to the retirement allowance to which such member would have 

84 been entitled under paragraph (6) had he been permanently incapacitated 

85 shall be paid to such widow so long as she remains unmarried, or for the 

86 benefit of such child or children so long as he or any of them continues 

87 under the age of sixteen. A person receiving a pension under this para- 

88 graph shall not receive from the coimty any other sum by waj' of annuity, 

89 pension or compensation. Payments under this paragraph shall not be 

90 made as of a date earlier than that of the receipt by the board of written 

91 application therefor, except that payments to a child of a deceased mem- 

92 ber shall date from the day as of which payments to his widow shall 

93 terminate. 

94 (10) The word "injuries", as used in paragraphs (6) and (9) shall 

95 mean any injury which is a natural and proximate result of an accident 

96 occurring in the performance and within the scope of duty and without 

97 fault of the member. The county commissioners may employ special 

98 examiners whenever, in their judgment, it is necessary to assist in deter- 

99 mining the degree of disability under said paragraphs. The fee of each 

100 such examiner, not exceeding ten dollars in any one case, shall be paid by 

101 the county. The decision of the board, or of the county commissioners, 

102 as the case may be, on the question of disability or retirement under para- 

103 graph (6) or (8) shall be final. 

1 Section 23. (1) The system shall be managed by the board of re- The board of 

2 tirement, consisting of three members, one of whom shall be the county Jlu!"!"' § 4. 

3 treasurer; the second member shall be a member of the association, i^x^g.^^^' 

4 elected by the latter within sixty days after the system is declared estab- IIq^\% 

5 lished, in a manner to be determined by the county commissioners; the i920. 2. 

1 . t/ %' ' 19'>1 413 

6 third member shall be chosen by the other two. If the third member is 1923! 479I 5 3. 

7 not so chosen within thirty days after the election of the second, the 

8 chairman of the county commissioners shall appoint the third member. 

9 The initial terms of the second and third members shall be two years; 

10 thereafter their terms shall be three years. If a vacancy occurs in the 

11 board or if the term of a member thereof expires, a successor of the 

12 person whose place has become vacant or whose term has expired shall 

13 be chosen in the same manner as his predecessor. 

14 (2) The members of the board shall serve without compensation; but 

15 they shall be reimbursed out of the contingent fund for any expense or 

16 loss of salary or wages incurred through service on the board. All claims 

17 for reimbursement on this account shall be subject to the approval of 
IS the county commissioners. 



280 COUNTY KETIREMENT SYSTEMS. [ChAP. 32. 

(3) The county treasurer shall have custody of the funds of the system, 19 
subject to the approval of the board, and shall invest and reinvest the 20 
same, and may sell any securities held by him and invest and reinvest 21 
the proceeds and any and all unappropriated income of said funds; 22 
provided, that all funds received by him not required for current dis- 23 
bursements shall be invested in accordance with the laws relating to the 24 
investment of the funds of savings banks, giving preference to the securi- 25 
ties of the county. 26 

(4) The board may make by-laws and regulations consistent with law, 27 
and employ necessary clerical or other assistance for the performance of 28 
its duties, subject to the approval of the county commissioners. 29 

(5) The board shall determine the percentage of wages which em- 30 
ployees shall contribute to the fund, subject to the minimum and maxi- 31 
mum percentages, and may classify employees for the purposes of the 32 
system, and establish within the prescribed limits different rates of con- 33 
tribution for different classes. 34 

(6) The county treasurer shall annually in January, unless for cause 35 
the commissioner of insurance shall extend the time, file in the office 36 
of the commissioner a sworn statement, showing the financial condition of 37 
the system of his county on the thirty-first day of the preceding Decem- 38 
ber and its financial transactions for the year ending thereon. The state- 39 
ment shall be in the form, and give the details, prescribed by the com- 40 
missioner. 41 

fa'ise'd ' '*'"' Section 24. The funds of the system shall be raised as follows: 1 

1911, 634, §5. 
1918, 257, 

|5jigi9^i20. (;) Expense and Contingent Fu7id. 

i92i;4i3. The county shall annually expend, from the amount appropriated 2 

1923. 479, § 3. ^j^gp^f^j. jjy ^}^g general court, the sums necessary to defray the entire 3 

expense of administration, according to estimates prepared by the 4 

county treasurer and by him submitted to the county commissioners, 5 

who shall include the same in their estimates required by section twenty- 6 

eight of chapter thirty-five. 7 

(2) Annuity and Pension Fund. 

A. Deposits by Members. ■ — Each member shall deposit in this fund 8 
from his wages or salary, as often as the same is payable, not less than 9 
one nor more than five per cent of the amount of his wages or salary, as 10 
determined by the board under section twenty-tliree (5); provided, that 11 
employees receiving more than thirty dollars weekly in wages or salary 12 
shall not be assessed for contributions to this fund on the excess above 13 
that amount. 14 

B. Contributions by the County. — The county shall contribute the 15 
following: 16 

(a) Each month, such amount as the board may determine to be 17 
necessary to pay current pensions for subsequent service under section 18 
twenty-five (2) C (a). 19 

(b) Each year, the amount necessary to guarantee regular interest 20 
and make good any deficiency in the annuity fund as of the preceding 21 
thirty-first day of December. 22 

(c) Each month, such amount as the board may determine to be nee- 23 
essary to pay current pensions for prior service under section twenty- 24 
five (2) C (6). 25 



Chap. 32.] county retirement systems. 281 

26 (d) Each month, such amount as the board may determine to be 

27 necessary to insure the minimum payments provided for in section 

28 twenty-five (2) E. 

(3) Provision for Paymenis. 

29 All amounts payable by members under paragraph (2) A of this section 
oO shall be deducted by the county from the amount payable to them as 

31 wages or salary as often as the same are payable, and shall immediately 

32 be credited to the retirement fund by the county treasurer. 

1 Section 25. The county treasurer shall administer the funds of the Administration 

^ of funds. 

2 system as follows: laii. gw, 5 6. 

1915, 234, § 2. 

il) Expense and Continqent Fund. §§i,'2;257, 

' ■ §§ 121-124. 

3 The fund provided for in section twenty-four (1) shall be used, so J^ii;; 5.319 

4 far as necessary, for the payment of the expenses of administration. 1921:41.3,480. 

5 Any unused portion shall be repaid into the treasury of the county. If §ri,'2:479. 

6 the amount appropriated for the expense and contingent fund in any 

7 year should prove insufficient, the general court shall appropriate in the 

8 following year an additional sum to cover the deficit. 

(2) Annuity and Pension Funds. 

9 A. Refunds. — (o) Should a member cease to be an employee of the 

10 county for any cause other than death before becoming entitled to a 

1 1 pension, there shall be refunded to him all the money that has been paid 

12 in by him under section twenty-four {2) A, with such interest as shall 

13 have been earned thereon. 

14 (6) Should a member die before becoming entitled to a pension, there 

15 shall be paid to his legal representatives all the money that has been paid 

16 in by him under section twenty-four (2) A, with such interest as shall 

17 have been earned thereon. 

18 B. Annuities from Employees' Deposits. — Any member who reaches 

19 the age of sixty and has been in the continuous service of the county for 

20 fifteen years immediately preceding and then or thereafter retires or is 

21 retired, any member who retires or is retired at the age of seventy, and 

22 any member who is retired for the good of the service under section 

23 twenty-two (5), shall receive an annuity to which the sum of his deposits 

24 under section twenty-four {2) A, with such interest as shall have been 

25 earned thereon, shall entitle him, according to the tables adopted by the 
2G board, in one of the following forms: 

27 (a) A life annuity, payable monthly. 

28 (6) A life annuity of less amount, payable monthly, with the pro- 

29 vision that if the annuitant dies before feceiving annuity payments equal 

30 to the amount used to purchase the annuity, the difference shall be paid 

31 to his legal representatives. 

32 C. Pensions derired from Contributions by the County. — (a) Pen- 

33 sions based upon subsequent service. Any member entitled to an 

34 annuity under paragraph {2) B of this section shall receive in addition 

35 thereto a pension for life, payable monthly, equivalent to that annuity 

36 to which he would be entitled if his annuity were figured under {2) B 

37 (a) of this section, to be paid out of the fund contributed by the county 

38 under section twenty-four {2) B (a). 



282 COUNTY EETIREMENT SYSTEMS. [ChAP. 32. 

(b) Pensions based upon prior service. Any member who reaches 39 
the age of eixty and has been in the continuous service of the county for 40 
fifteen years or more immediately preceding and then or thereafter 41 
retires or is retired, and any member who completes thirty-five years of 42 
continuous service and then or thereafter retires or is retired, shall re- 43 
ceive, in addition to the annuity and pension provided for by paragraphs 44 
(2) B and {2) C (a) of this section, an extra pension for life as large as 45 
the amount of the annuity and pension to which he might have accjuired 46 
a claim if the system had been in operation when he entered the service 47 
of the county, and if accordingly he had paid regular contributions from 48 
that date to the date of the establishment of the association at the same 49 
rate as that first adopted by the board, and if such deductions had been 50 
accumulated with regular interest. 51 

If any two members are husband and wife, and one of the two retires 52 
or is retired, the other may also retire, and shall be paid a retiring allow- 53 
ance proportionate to the amount of his accumulated contributions to 54 
the date of such retirement, or, if such allowance should be less than 55 
the minimum allowance of two hundred dollars hereinafter provided 56 
for, shall be paid that sum annually. 57 

If the accumulated contributions of any employee retired under sec- 58 
tions twenty to twenty-five, inclusive, exceed the amount required to 59 
provide an annuity equal to one fourth of the average annual rate of 60 
wages or salary of such employee during the last ten years prior to his 61 
retirement, the excess above that amount shall be paid to such employee 62 
in a gross sum with the first monthly payment on the account of his 63 
retiring allowance. 64 

Any employee who had already reached the age of fifty-five when the 65 
retirement system was established, and also had become a member, may 66 
be retired under the first paragraph of (2) C (b) of this section without 67 
having completed the otherwise required service period of fifteen years. 68 
In computing any pension payable for prior service, the board may esti- 69 
mate, on a basis determined by them, the wages received at any period 70 
for which they may deem it impracticable to consult the original records. 71 

Any employee not a member who had already reached the age of 72 
fifty-five when the system was established may be retired at any time, 73 
and sliall be paid a pension equivalent to the minimum payment here- 74 
inafter provided. 75 

D. Application of Surplus. ■ — Subject to the approval of the com- 76 
missioner of insurance the board may determine the application of any 77 
surplus. 78 

E. Minimum and Maximum Payments. — Except as otherwise pro- 79 
vided, in no case shall a member, whether he has elected the form of 80 
annuity provided for in paragraph (2) B (a) or (2) B (b) of tliis section, 81 
be retired at such an annual rate of pension as would, wlien added to tlie 82 
annual amount required to be paid from the annuity fund to a member 83 
who elects the form of annuity provided for in said paragraph (J) B (a), 84 
amount to a total retirement allowance of less than three hundred 85 
dollars, and in no case shall a member who has elected either of the 86 
aforesaid forms of annuity be retired at such an annual rate of pension 87 
as would, when added to the annual amount required to be paid from 88 
the annuity fund to a member who elects the form of annuity provided 89 
for in said paragraph (2) B (n), amount to a total retirement allowance 90 
of more than one half the average annual rate of his salary or wages 91 

, during the five years prior to retirement, or, if such member resigns or is 92 



Chap. 32.] ketirement systems for cities and towns. 283 

93 dismissed prior to the date of retirement, during the five years prior to 

94 such resignation or dismissal. For the purpose of determining the 

95 maximum pension and the maximum annuity under tliis section, the 

96 rate of salary or wages received by a member on the date immediately 

97 preceding a period of absence without pay shall be used as the rate of 

98 pay which he would have received during such absence without pay. 

retirement systems for cities and towns. 

1 Section 26. In sections twenty-seven to thirty-one, inclusive, unless J^jfg"*''™^^ , 

2 the context otherwise requires, the following words shall have the follow- i9ii; ssK § i. 

3 ing meanings: 

4 "Annuities", the payments for life derived from money contributed 

5 by the members; 

6 " Association ", the retirement association provided by section twenty- 

7 eight; 

8 " Board ", the retirement board provided by section twenty-nine; 

9 "Employees", regular and permanent employees whose sole or prin- 

10 cipal employment is in the service of the city or town ; 

11 "Pensions", the payments for life derived from money contributed 

12 by the city or town; 

13 " Regular interest ", interest at three per cent per annum, compounded 

14 semi-annually on the last days of January and July, and reckoned for 

15 full three and six months' periods only. 

16 The words "continuous service" mean uninterrupted employment; 

17 but a lay-off on account of illness or reduction of force, and a leave of 

18 absence,^ suspension or dismissal, followed by reinstatement within one 

19 year, shall not be considered as breaking the continuity of service. 

1 Section 27. Any city or town may establish a retirement system ^,'J|I^'r'|^™°* 

2 for its employees by accepting sections twenty-six to thirty-one, inclusive, =y''/g'i"^-,g ^ ^ 

3 in the following manner: In a city, whenever a vote to accept sections 1911; sss,' 

4 twenty-six to thirty-one, inclusive, has been passed by the city council, fgig, 350. § 46. 

5 the following question shall then be placed upon the ballot and submitted 

6 to the voters of the city at the next municipal election: "Shall sections 

7 twenty-six to thirty-one, inclusive, of chapter thirty-two of the General 

8 Laws authorizing the cities and towns of the commonwealth to estab- 

9 lish retirement systems for their employees, be accepted?" In a town, 

10 whenever a vote to accept said sections has been passed by the selectmen, 

11 the said question shall then be submitted to the voters of the town at 

12 the next town meeting. If a majority of the voters voting on the ques- 

13 tion at the city election or at the town meeting shall vote in the affirma- 

14 tive, said sections shall take effect in such city or town as hereinafter 

15 provided. 

16 A copy of the vote of the city council or of the selectmen, certified by 

17 the city or town clerk, and a copy of the vote at the city election or at 

18 the town meeting, sworn to by the local election commissioners or the 

19 officers corresponding thereto, shall, within thirty days respectively after 

20 the date of the latter vote, be filed in the office of the commissioner of 

21 insurance. He shall forthwith issue a certificate that the retirement 

22 system is declared established in said city or town, to become operative 

23 on the first day of February or the first day of August following the 

24 expiration of three months after the date of the certificate. 



284 



RETIREMENT SYSTEMS FOR CITIES AND TOWNS. [ChAP. 32. 



Sections twenty-six to thirty-one, inclusive, may be altered or amended 25 
from t