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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"

KFM 2430 1932 .A2 v. 2 c.2 

Massachusetts . 

Tercentenary Edition of the 
General Laws of the 



TERCENTENARY EDITION 

OF 

THE GENERAL LAWS 

OF 

Cfje Commontoealtf) of iMagfiacfjus^etts; 

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 



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. II 

Chapters 133-282 




boston 

WRIGHT & potter PRINTING COMPANY 
1932 






■ >> /i;s' 



ANALYSIS 

OF THE 

TITLES AND CHAPTERS 

COKTAINED IN 

THE GENERAL LAWS. 



Vol. I. 



PART I. 

ADMINISTRATION 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 Public Documents. 

TITLE II. 

EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH. 

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

Ciovernor 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. 

[iii] 



IV 



ANALYSIS — PART I. 



Chapter 13. Department of Civil Service and Registration. 

Chapter 14. Department of Corporations and Taxation. 

Chapter 15. Department of Education. 

Chapter 16. Department of Public Works. 

Chapter 17. Department of Public Health. 

Chapter 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. 



TITLE VII. 

CITIES, TOWNS AND DISTRICTS. 

Chapter 39. Municipal Government. 

Chapter 40. Powers and Duties of Cities and Towns. 

CH.'i.PTER 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. 

Ch.*.pter 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. 

Ch.vpter 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. 



VI 



ANALTSIS — 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 Public 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 Sidewalks. 

Chapteb 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. 



VII 



Chapter 89. Law of the Road. 

Chapter 90. Motor Vehicles and Aircraft. 

Chapter 91. Waterways. 

Chapter 92. Metropolitan Sewers, Water and Parks. 



TITLE XV, 



Chapter 


93. 


Chapter 


94. 


Chapter 


95. 


Chapter 


96. 


Chapter 


97. 


Chapter 


98. 


Chapter 


99. 


Chapter 


100. 


Chapter 


101. 


Chapter 


102. 


Ch.ipter 


103. 


Chapter 


104. 


Chapter 


105. 


Chapter 


106. 


Chapter 


107. 


Chapter 


108. 


Chapter 


108A, 


Chapter 


109. 


Chapter 


109A. 


Chapter 


110. 


Chapter 


IIOA. 



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. Pubhc 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 118.\. Adequate Assistance to Certain Aged Citizens. 



Vlll 



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. 



Chapter 124. 
Chapter 125. 
Chapter 126. 
Chapter 127. 



TITLE XVIII. 

PRISONS, IMPRISONMENT, PAROLES AND PARDONS. 

Powers and Duties of the Department of Correction. 
Penal and Reformatory Institutions of the Commonwealth. 
Jails, Houses of Correction and Reformation, and County Industrial Farms. 
OfiBcers 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. Fisheries. 

Chapter 131. Powers and Duties of the Division of Fisheries and Game. Game and Inland 

Fisheries. 

Chapter 132. Forestry. 

Chapter 132A. State Parks and Reservations Outside of the Metropolitan Parks District. 



ANALYSIS — PART I. 



IX 



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 Pohce, and Certain Powers and Duties of the Department of 
Public Safety. 

Chapter 148. Fire Prevention. 

TITLE XXI. 

LABOR AND INDUSTRIES. 

Chapter 149. Labor and Industries. 

Chapter 150. Conciliation and Arbitration of Industrial Disputes. 

Chapter 151. The Minimum Wage. 

Chapter 152. AYorkmen's Compensation. 

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

Chapter 154. Assignment of Wages. 



TITLE XXII. 

CORPORATIONS. 

Chapter 155. General Provisions relative to Corporations. 
Chapter 156. Business Corporations. 
Chapter 157. Co-operative Corporations. 



ANALYSIS 



PART 11. 



Chapter 158. 


Chapter 


159. 


Chapter 


159A. 


Chapter 


160. 


Chaptj!;r 161. 


Chapter 


162. 


Chapter 163. 


Chapter 


164. 


Chapter 


165. 


Chapter 166. 


Chapter 


167. 


Chaptkr 


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. 



XI 



TITLE II. 

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

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

Chapter 191. Wills. 

Chapter 192. Probate of Wills and Appointment of Executors. 

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. 



Xll 



ANALYSIS — PART III. 



PART III. 

COUKTS, 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. 

Chapter 219. Trial Justices. 

Chapter 220. Courts and Naturalization. 

Chapter 221. Clerlis, Attorneys and Other Officers of Judicial Courts. 

Chapter 222. Justices of the Peace, Notaries PubUc 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. 



xm 



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. W'aste 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. 

Chapter 251. Arbitration. 

Chapter 252. Improvement of Low Land and Swamps. 

Chapter 253. Mills, Dams and Reservoirs. 

Chapter 254. Liens on Buildings and Land. 

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

thereon. 

Chapter 256. Recognizances for Debts. 

Chapter 257. Seizure and Libelling of Forfeited Property. 

Chapter 258. Claims against the Commonwealth. 



TITLE V. 

STATUTES OF FRAUDS AND LIMITATIONS. 

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



TITLE Vr 



COSTS AND FEES. 



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



XIV 



ANALYSIS — PARTS IV AND V. 



PART IV. 

CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES 



TITLE I. 

CRIMES AND PUNISHMENTS. 

Chapter 263. Rights of Persons accused of Crime. 

Chapter 264. Crimes against Governments. 

Chapter 265. Crimes against the Person. 

Chapter 266. Crimes against Property. 

Chapter 267. Forgery and Crimes 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 Pohcy. 

Chapter 272. Crimes against 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 BaU. 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.] 



GENERAL LAWS 



MASSACHUSETTS 



1666 



DISPOSITION OF OLD AND INFIRM ANIMALS. 



[Chap. 133. 



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 Cinematographs. 
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. 



CHAPTER 133. 

DISPOSITION OF OLD AND INFIRM ANIMALS. 



Sect. 

1, Powers and duties of certain officers 

relative to disabled animals, etc. 

2. Payment of value of animals taken. 

Costs, etc. 



Powers and 
duties of cer- 
tain oflBcers 
relative to 
disabled ani- 
mals, etc. 
1881. 283. 
P. S. 96, § 15. 
R. L. 95, § 13. 
1907,363. § 1. 
1915, 125. 



Sect. 

3. Value of infected animal. 

4. Disposition of certain horses owned by 

cities or towns. 



Section 1. Any officer or agent of any society incorporated under 
the laws of the commonwealth for the prevention of cruelty to animals 
or for the care and protection of homeless or suffering animals, pro\ided 
he is also a special police officer appointed under section ten of chapter 
one hundred and forty-seven, or a constable, sheriff or deputy sheriff, or a 
police officer of any town, may take possession of any old, maimed, dis- 
abled, diseased or injured animal and apply to a district court, within 
whose district the animal is taken, for process to cause it to be killed 
humanely. If the owner is known, and can after reasonable search be 
found, a copy of such application shall be served upon him in hand with 
an order of court to appear at a time and place named to show cause 11 



1 

2 
3 
4 
5 
6 
7 
8 
9 
10 



Chaps. 133,134.] 



1667 



12 why such animal should not be killed and its value determined. If he 

13 is unknown, or cannot after reasonable search be found, the court 

14 shall order notices to be posted in two public places in the town where 

15 the animal was taken, stating the facts of the case, and giving twenty- 

16 four hours' notice of a hearing on said application. At such hearing, if 

17 it appears that such animal is so old, maimed, disabled, diseased or in- 

18 jured as to be unfit for humane use, the court shall issue process directing 

19 any officer designated herein to kill the same humanely, and shall deter- 

20 mine its value. If the owner is aggrieved by such determination he may 

21 petition the superior court for the assessment of his damages under chapter 

22 seventh-nine. 

1 Section 2. The value or damages, if any, determined under the pre- Payment of 

2 ceding section, and the reasonable costs and expenses incurred by .said Jil'abtakeS'" 

3 officer and approved by the court, shall be paid by the society whose ^glf^'als; 

4 officer or agent made the application for process. 

p. S. 96, 5 15. R. L. 95, § 13. 1907, 303, § 2. 

1 Section 3. If the animal taken possession of as aforesaid has any ^^^[^|°n°-^, 

2 infectious or contagious disease, or, for any reason, might lawfully be 1907, seals'. 

3 destroyed as an abatement of a public nuisance, that fact shall be prima 

4 facie evidence that the animal has no value. 

1 Section 4. Whenever any horses used in any department of any Disposition ot 

2 town shall, by reason of disability or disease, become unfit for use therein, owned by'^^° 

3 the officer in charge of such department, in cities with the approval of 1908^ 133° 

4 the mayor, and in towns with the approval of the selectmen, instead of 

5 causing such horses to be sold, may transfer them to the custody of the 

6 Red Acre Farm, Incorporated, or any charitable society incorporated 

7 in the commonwealth for the prevention of cruelty to animals, or for the 
S care and protection of dumb animals, if the society is willing to accept 
9 the custody thereof, to be disposed of as the society may deem best; 

U) provided, that the society upon receiving any such horse shall give a 

1 1 written agreement not to sell the horse or let the same for hire. If any 

12 horse so received shall thereafter be sold or let for hire, the proceeds of 

13 such sale or letting shall be the property of the town, and custody of the 

14 horse shall revert thereto. 



cities or towns. 



CHAPTER 134. 

LOST GOODS AND STRAY BEASTS. 



Sect. 

1. Finder of lost money or goods to give 

notice, etc. 

2. When stray beasts are taken up, 

notice to be given. 

3. Restitution of property. 



.Sect. 

4. Rights of finder if no owner appears. 

5. Sale of strays. 

6. Rights (if owner and finder of strays. 

7. Penalty for taking away strays. 



1 Section 1. Any person who finds lost money or goods of the value Finder of loat 

2 of three dollars or more, the owner of which is unknown, shall within ^^^not^M. 

3 two days report the finding thereof to the officer in charge at a police ^J^'l 142, 5 1. 



1668 



LOST GOODS AND STRAY BEASTS. 



[Chap. 134. 



1698,9, § 1. 
1727-8, 6, § 1. 
1788, 55, § 1. 
R. S. 56, § 1. 
G. S. 79, § 1. 
P. S. 95, § 1. 
R. L. 94, § 1. 



station in the town where said property was found, or, if there is no 
poHce station, post notice thereof in two pubhc places therein, or, in- 
stead of such report or posting, cause notice thereof to be advertised 
in a newspaper pubHshed therein. 

!324. 



1918, 2.57, 

1919, 5. 

1920, 2. 



105 Mass. 163. 

106 Mass. 286. 



116 Mass. 42. 
130 Mass. 176. 



When stray 
beasts are 
taken up, 
notice to be 
given. 

C. L. 142, § 1. 
1698,9, §§ 1,2. 
1788, 55, § 1. 
R. S. 56, § 2. 
G. S. 79, ? 2. 
P. S. 95, § 2. 



Section 2. Except as otherwise provided in chapter one hundred 
and thirty-three, any person who takes up a stray beast shall report, 
post or advertise the finding thereof, in the manner provided in the 
preceding .section, giving a description of the color and the natural and 
artificial marks of such beast; otherwise he shall not be entitled to com- 
pensation for any expenses ^hich he may incur relative thereto. 



R. L. 94, § 2. 



1918,257, § 325. 



1919, 5. 



rf^propei-ty. SECTION 3. If, wlthin tliree months after the finding of stray beasts, 

?698' 9^1' 3^ ''' °^ w'ithin one year after the finding of lost money or goods, the owner 
1788' 55, 1 3. appears and, except as otherwise provided in section two, pays all reason- 
R."s.'56,'§§5>. able expenses incurred by the finder in keeping such goods or beasts and 
p.s.95,'§|5,'7' in complying with this chapter, he shall have restitution of the money. 



f9i8;l57,§327. goods or bcasts 



1919, 5. 



1920, 2. 



Rights of 
finder if no 
owner appears. 
1788. 55. § 3. 
R. S. 56, § 6. 



Section 4. If the owner of lost money or goods does not appear 1 
within one year after the finding thereof, they shall enure to the finder, 2 
provided he has complied w-ith section one. 3 

G. S. 79, § 6. R. L. 94, § 5. 1919, 5. 

P. S. 95, §6. 1918,257, §328. 1920,2. 



Sale of stravs. 
1815, 1, § 1. 
1827, 74, § 2. 
R. S. 56, § 8. 
G. S. 79, § 8. 
P. S. 95, § 8. 
R. L. 94, § 6. 
1918,257, §329. 
1919, 5. 



Section 5. If the owner of stray beasts does not appear within 1 

three months after the finding thereof and prove title thereto, the 2 

finder may sell them by public auction, first giving notice of such sale, 3 

at least four days before the time of sale, in two public places in the 4 

town where the beasts were found. 5 

1920, 2. 



Rights of 
owner and 
finder of stravs. 
C. L. 142, § 3. 
1698. 9, § 3. 
1788, 55, § 3. 
1SI5, 1, §2. 
1827, 74, § 2. 
R. S. 56, § 9. 
G. S. 79, § 9. 
P. S. 95, § 9. 
R. L. 94, § 7. 
1918,257, §330. 

1919, 5. 

1920, 2. 



Section 6. If the owner of stray beasts appears within one year 1 

after the finding thereof, and proves title thereto, he shall, if they have 2 

not been sold under the preceding section, have restitution thereof upon 3 

payment, except as provided in section two, of all reasonable expenses 4 

incurred by the finder in keeping such beasts and in complying with 5 

this chapter; but if they have been sold he shall be entitled to receive 6 

the proceeds of the sale after deducting the expenses aforesaid. If no 7 

such owner appears within said year the beasts, or the proceeds, shall 8 

enure to the finder, provided he has complied with this chapter. 9 



Penalty for 

taking away 

strays. 

C. L. 142, §4. 

1698, 9, § 4. 

1788, 55, § 5. 

R. S. 56, § 11. 



Section 7. Any person who takes away a beast taken up as a stray, 1 

without paying all lawful charges in relation thereto, shall forfeit to the 2 

finder double the amount of such charges, but not more than the value 3 

of the beast at the time of such taking away. 4 

G. S. 79, § 11. R. L. 94. § 9. 1919, 5. 

P. S. 95, §11. 1918, 257, § 332. 1920,2. 



Chap. 135.] 



UNCLAIMED AND ABANDONED PROPERTY. 



1669 



CHAPTER 135 



UNCLAIMED AND ABANDONED PROPERTY. 



Sect. 

1. Publication of unclaimed effects of 

passengers. 

2. Sale of unclaimed articles. 

3. Proceeds to be paid to commonwealth. 

4. Penalty for failure to comply with 

certain provisions. 

5. Perishable articles may be sold. 

6. Sale of unclaimed goods carried by a 

railroad or vessel or by express. 



Sect. 

7. Disposition of stolen, etc., property by 

police officers. 

8. Sale of such property, etc. 

9. If perishable, etc., how sold. 

10. Proceeds, disposal of. 

11. When owner to be paid if he applies. 

12. Timber carried away by flood may be 

taken by owners, etc. 



1 Section 1. Railroad corporations and proprietors of steamboats en- Publication of 

2 gaged in the transportation of passengers shall semi-annually, on the effects"^'' 

3 first Mondays of .January and July, publish, in one newspaper at least i8|''i''",'47'' 5 1 

4 in every county where such corporation or proprietors have a passenger p flg'lj- 

5 station or office, a descriptive list of all trunks, bags, valises, parcels and R- l. 9o, § 1. 

6 passengers effects which have been left and then remain unclaimed at 

7 any passenger station or office, or in the possession of any such corpora- 

8 tion, proprietors or tlieir agents, and the list shall indicate all such 

9 specific marks as may serve to identify the same. 



6 Allen, 24G. 



1 Section 2. If at the expiration of six months after such advertise- Saieofun- 

2 ment any of the articles so advertised remain unclaimed, said corpora- l85?!^47'! §''2.^' 

3 tion or proprietors having possession thereof shall gi\-e notice to the p. |. fe.' § I.' 

4 aldermen of the city or selectmen of the town where the articles may be, ^ ^- ^^' ^ ^^ 

5 who shall cause them to be examined, and may order them to be sold 

6 by public auction upon publication, in the manner set forth in the 

7 preceding section, of notice of the time and place of sale, or may order 

8 them to be again advertised and to remain another six months before 

9 being sold. 

1 Section 3. The proceeds of all articles so sold, after deducting costs Proceeds to 

2 of storage and all ex-penses incurred in complying with sections one and commonwealth. 

3 two, shall be paid to the commonwealth. 

185:. 147, § 3, G. S. 80. 5 3. p. S. 96, § 3. R. L. 95, § 3. 

1 Section 4. Any such corporation or proprietor neglecting or omit- Penalty for 

2 ting so to advertise and cause any such effects to be examined shall be compfy'with 

3 liable for all damages caused thereby, and shall also forfeit one hundred vUiOTs."'"" 

4 dollars. 

1851. 147, 5 4. G. S. 80, § 4. P. S. 96, § 4. R. L. 95, § 4. 



1 Section 5. When a common carrier has transported fresh meats, Perishable 

2 fresh fish, shellfish, fruit or vegetables to their destination, such carrier besofd."'"^ 

3 may, in the exercise of a reasonable discretion, after notice to the owner g."' ^^^ 



80. i 5. 
96. § 5. 



4 or consignee thereof of the arri\al of such goods and his refusal or omis- ^ f; 95, -5 5. 

5 sion to pay the freight and proper charges thereon and to receive and 
G take them away, or without such notice and refusal or omission if such 



1670 



UNCLAIMED AND ABANDONED PROPERTY. 



[Chap. 135. 



owner or consignee thereof cannot, on reasonable inquiry, be found, sell 7 
the same at public or private sale without advertising. The proceeds 8 
thereof, after deducting the amount of the freight thereon and the 9 
charges and expenses of sale, shall be paid to the owner or consignee. 10 



Sale of un- 
claimed goods 
carried by a 
railroad or 
vessel or by 
express. 
1864. 139. 
1866, 152. 
P. S. 96, I §6-9. 
R. L. 95. 
«6.7. 

1918, 257, 
S333. 

1919, 5. 

1920, 2. 

201 Mass. 564. 
203 Mass. 529. 



Section 6. If goods carried by a railroad company, by express or 
in a vessel are not called for by the owner or consignee within one year 
after the date of their receipt at the place of consignment, they may be 
sold by public auction, notice of the time and place of sale, containing a 
descriptive list of all such goods with all such specific marks as may 
serve to identify the same, first being published once a week for three 
successive weeks in a newspaper, if any, published in the town where 
such sale is to take place, and also in the town to which they were con- 8 
signed, otherwise in the newspaper published nearest thereto. The 9 
proceeds, after deducting costs of transportation, storage, advertising 10 
and sale, shall be paid to the owner, upon demand and satisfactory 11 
proof of ownership, within three years after the sale; otherwise to the 12 
commonwealth. 13 



Disposition of 
stolen, etc., 
property by 
police officers. 
1880, 155, § 1. 
P. S. 96, § 10. 
R. L. 95, § 8. 
1927, 30. 



Section 7. If property which has been stolen, lost, abandoned or 1 

taken from a person under arrest comes into the possession of a member 2 

of the police department of a city by virtue of his office, he shall deliver 3 

the same to the officer or member of the department designated by the 4 

rules thereof, and shall thereupon be relieved from further responsi- 5 

bility therefor. The officer or member to whom such property is so 6 

delivered shall give notice as provided in section one of chapter one 7 

hundred and thirty-four. The word "city" as used in this and the four 8 

following sections shall include town. 9 



Sale of such 
property, etc. 
1880, 155, 
§S2, 3. 
P. S. 96, § 11. 
R, L. 95. § 9. 
1927,30; 163. 



Section 8. If such property remains unclaimed in the possession of 
such police department or member thereof for six months and the owner 
thereof or his place of abode or business is unknown, or if the owner and 
his place of abode or business are known and the owner, after receipt by 
registered mail of a written notice from such department or member to 
take possession of said property, refuses or fails for a period of ten days 
following said receipt so to do, such department may sell the same, 
excepting money unclaimed, by public auction, notice of the time and 
place of sale, with a description of the property to be sold, first being 
given by publishing the same once in each of three successive weeks in 10 
a newspaper published in such city. 11 



If perishable, 
etc., how sold. 
1880, 155, § 4. 
P. S. 96, § 12. 
R. L. 95, § 10. 
1927, 30. 



Section 9. Such property, if perishable or liable to deteriorate 
greatly in value by keeping or the value of which will probably be less 
than the expense of keeping the same, may be sold by public auction 
within said six months in accordance with the rules of the department, 
reasonable notice of the time and place of sale first being given by pub- 
lishing the same in a newspaper published in such city. 



Proceeds, dis- 
posal of. 
1880, 155. 5 5. 
P. S. 96. § 13. 
R. L. 95, § 11. 



Section 10. The proceeds of such sale, or the balance of such un- 
claimed money, after deducting all reasonable charges and expenses 
incurred on such property, shall be paid into the city treasury. 

1927. 30. 



Chaps. 135, 136.] 



1671 



1 Section 11. If, within two years and six months after such money when owner 

2 has come into the possession of a member of the police department of he applies. 

3 a city or within two years after such sale of other property, the owner Rs'.'ge.^j 14; 

4 claims and proves ownership thereof, the unclaimed balance of such {^927; |o; ^ ''' 

5 money or the proceeds of sucli sale, after deducting all reasonable 
() charges and expenses, shall be paid to him, upon the order of the head 
7 of such department. 

1 Section 12. The owner of a log, mast, spar or other timber carried JwTy b/flood' 

2 bv flood into land adjoining anv river, stream or pond mav, within six may be taken 

J ^ » * . * , by owners, etc. 

3 months, remove the same from said land upon paymg or tenderuig to }|*"'^i 

4 the owner or occupant thereof such reasonable damages as may be §i4,'o."' 

5 caused by such removal; and if he does not so remove it within said six r. ,s.'s2. § 1. 

6 months, or otherwise agree with the owner or occupant of such land, G.^i'l8,§i. 

7 it shall be the property of such owner or occupant. 

p. S. 94, § 1. R. L. 93, § 1. 106 Mass. 286. 



CHAPTER 136. 

OBSERVANCE OF THE LORD'S DAY. 



Sect. 

1. "Lord's day " defined. 

2. Being present at or taking part in 

certain entertainments on Lord's day 
prohibited. 

3. Maintaining certain public exhibitions 

prohibited. 

4. Certain public entertainments may be 

licensed. Revocation. 

5. Keeping open shop, etc., and doing 

certain work, etc.. prohibited. 

6. Limit of operation of preceding section. 

7. Sale of certain articles on Lord's day 

licensed. 

8. Provisions of licenses. Fee. Revoca- 

tion. 

9. Certain work may be performed on 

Lord's day. 

10. Certain parades with music allowed on 

Lord's day. 

11. Policemen or firemen may parade with 

music on certain Sundays. 

12. Persons keeping places of entertain- 

ment, etc., to entertain only travelers. 
etc. 

13. Civil process not to be served on 

Lord's day. 

14. Penalty for rude behavior. 

15. Limitation of the commencement of 

prosecutions. 

16. Sheriffs, etc., to inform of offences. 



Sect. 

17. Penalty for discharging firearms, fish- 

ing, etc., on Lord's day. 

18. Innholders who permit implements of 

gaming to be used, etc. 

19. Department of public utilities may au- 

thorize running trains and steam- 
boats on Lord's day. 

20. This chapter not a defence. 



CERTAIN SPORTS AND GAMES PERMITTED ON 
THE lord's D.\Y. 

21. Certain sports and games permitted. 

22. To be held only on licensed places. 

23. To be conducted under regulations, 

etc. Admission fees, etc. 

24. Revocation of permit. 

25. Limit of operation of §§ 21-25. 

26. Amateur sports, etc., permitted in cer- 

tain cities or towns. 

27. Licensing such sports, etc., on desig- 

nated playgrounds, etc. 

28. Regulations and restrictions. 

29. Fees, etc., forbidden. 

30. Revocation of permits for violations. 

31. Resubmission of §§ 26-32 in certain 

cities and towns. 

32. Limit of operation of six preceding sec- 

tions. 



1 Section 1. The Lord's day shall include the time from midnight to "Lord's day" 

,-, . 1 • I , defined. 

2 midnight. 1782, 23, 5 6. 

1791,58. §4. 1844,160,5 2. P. S. 98, 5 16. 

R. S. 50, 5 4. G. S. 84, § 12. R. L. 98. § 16. 



1672 



OBSERVANCE OF THE LORD S DAY. 



[Chap. 136. 



Being present 
at or taking 
part in certain 
entertainments 
on Lord's day 
prohibited. 
1760-1. 20, 5 9. 
1782. 23, 
§§1.7. 
1791. 58. 
§§1.5. 
1796. 89. § 1. 
R. S. SO. § 5. 
1858, 151. 
G. S. 84, § 4. 
P. S. 98, § 1. 
1887, 391. § 1. 
1895, 434, 
§§ 1,4. 
R. L. 98, 
§§ 1,2.5. 
1904, 460, 
§§ 1-3. 
1908, 385, 5 1. 

1918. 257, 
§§ 336, 338. 

1919, 5. 



Section 2. Whoever on the Lord's day is present at a game, sport, 1 

play or piibhc diversion, except a concert of sacred music, a pubHc enter- 2 

tainment duly licensed as provided in section four or a free open air 3 

concert given by a town, or by license of the mayor or the selectmen, 4 

upon a common or public park, street or square, or except a game of 5 

golf conducted on an open air golf course other than a miniature golf 6 

course, so called, shall be punished by a fine of not more than five dollars. 7 

Whoever on the Lord's day takes part in any game, sport, play or public 8 

diversion, except as aforesaid, shall be punished by a fine of not more 9 

than fifty dollars. This and the following section shall not apply to 10 

sports or games conducted in accordance with sections twenty-one to 11 

twenty-five, inclusive, in any city or town which accepts said sections 12 

or in accordance with sections twenty-six to thirty-two, inclusive, in any 13 

city or town in which said sections twenty-six to thirty-two are then in 14 

force. 15 



1920, 2; 240. 



1928, 406, § 1. 



1931, 275; 426, § 243. 



Maintaining 
certain public 
exiiibitions 
prohibited. 
C L. 133, 
§§ 1.2. 

1692-3. 22, § 1 
1716-7. 13. § 1 
1727-8. 5. § 1. 
1760-1, 20, 
§§2,9. 
1782, 23, 
§S 1,7. 
1791, 58, 
§§1,5. 
1796, 89, 
R. S. 50, 
§§ 1,5. 
G. S. 84, 
4,9. 

1862, 152 

1863, 143 
P. S. 98, 
§§1,2. 



1. 



Section 3. Whoever offers to view, sets up, establishes, maintains, 
or attempts to set up, establish or maintain, or promotes or assists in 
such attempt, or promotes, or aids, abets or participates in offering to 
view, setting up, establishing or maintaining any public entertainment 
on the Lord's day, except a concert of sacred music, or a free open air 
concert given as provided in the preceding section, unless such public 
entertainment shall be in keeping with the character of the day and not 
inconsistent with its due observance and duly licensed as provided in 8 
the following section, or whoever on the Lord's day acts as proprietor, 9 
manager or person in charge of a game, sport, play or public diversion, 10 
except a public entertainment licensed under the following section, a 11 
concert of sacred music, or a free open air concert given as aforesaid, 12 
shall be punished by a fine of not more than five hundred dollars. 13 



1887,391. 


1904, 460, 


§§ 1-3. 


1919. 5. 


1895, 434, §§ 1, 2, 4. 


1908, 385, 


§1. 


1920, 2. 


R. L. 98, §§ 1.2,5. 


1918, 257, 


§§336,338. 


185 Mass. 551 



Certain public 
entertainments 
may be 
licensed. 
Revocation. 

1908, 385, § 1. 

1909, 189. 
1926, 326. 



Section 4. Except as provided in section one hundred and five of 1 

chapter one hundred and forty-nine, the mayor of a city or the select- 2 

men of a town may, upon written application describing the proposed 3 

entertainment, grant, upon such terms or conditions as they may pre- 4 

scribe, a license to hold on the Lord's day a public entertainment, in 5 

keeping with the character of the day and not inconsistent with its due 6 

observance, to which admission is to be obtained upon payment of 7 

money or other valuable consideration; provided, that no such license 8 

shall be granted %to have effect before one o'clock in the afternoon, nor 9 

shall it have efi'ect unless the proposed entertainment shall, upon appli- 10 

cation accompanied by a fee of two dollars, have been approved in 11 

writing by the commissioner of public safety as being in keeping with 12 

the character of the day and not inconsistent with its due observance. 13 

Any such license may, after notice and a hearing given by the mayor or 14 

selectmen issuing the same, or by said commissioner, be suspended, 15 

revoked or annulled by the officer or board giving the hearing. 16 



SoTet^c^^and SECTION 5. Whoevcr ou the Lord's day keeps open his shop, ware- 
doing certain house or workhouse, or does any manner of labor, business or work, 



1 



ClLA.P. 136.] OBSERVANCE OF THE LORD's DAY. 1673 

3 except works of necessity and cliarity, shall be punished by a fine of not ""'^i'^f "^j- 



' than hrty dollars. 






C. L. 133, 


1B92-.1, 22, § 1. 


7 Gray, 164. 


128 Mass. 148, 594. 


551. 2. 


171&-7. 13, § 1. 


8 Gray, 384, 553. 


131 Mass. 156, 546. 




1727-8, 5, §§ 1, 4. 


11 Gray, 308. 


135 Mass. 113. 




1760-1, 20, §5 2.9. 


15 Gray, 433. 


136 Mass. 384. 




1782, 23, § 1. 


9 Allen, 118,452. 


139 Mass. 74. 




1791, 58, § 1. 


10 Allen, 18. 


140 Mass. 199. 




1796, 89, § 1. 


11 Allen, 209. 


143 Mass. 28, 167. 




R. S. 50, § 1. 


12 Alien, 187. 


144 Mass. 359. 362, 363. 




G. S. 84, § 1. 


13 Allen, .5.59. 


145 Mass. 353. 




1862, 152. 


14 Allen, 20, 165, 475, 485. 


155 Mass. 543. 




P. S. 98, § 2. 


97 .Mass. 45, 166, 407, 411. 


159 Mass. 101. 




1895, 434, 5§ 2, 4. 


101 .Mass. 30. 366. 


168 Mass. 519. 




R. L. 98. §§2,5. 


103 Mass. 188. 


170 Mass. 560. 




1904, 460, § 2. 


105 Mass. 399. 


176 Mass. 5, 104. 




1909. 423. § 4. 


107 Mass. 251, 439. 


185 Mass. 551. 




191S. 2.57, §§336,338. 


108 Mass. 517. 


190 Mass. 578. 




1919, 5. 


109 Mass. 398. 


194 Mass. 151. 




1920, 2. 


112 Mass. 368, 46/. 


199 Mass. 534. 




6 Mass. 76. 


115 Mass. 326. 


200 Mass. 514. 




13 Mass. 324. 


117 Mass. 65, 142. 


208 Mass. 528. 




12 Met. 24. 


118 Mass. 195. 


213 Mass. 207. 




13 Met. 284. 


120 Mass. 490. 


221 Mass. 70. 




2 Cush. .556. 


121 Mass. 301. 


225 Mass. 445. 




4 Cush. 243. 


122 Mass. 40. 


244 Mass. 484. 




10 Cush. 257. 


127 Mass. 123. 


125 U. S. 555. 





1 Section fi. The preceding section shall not prohibit the manufac- Limit of 

2 ture and distribution of steam, gas or electricity for illuminating pur- preceding"' 

3 poses, heat or motive power; the distribution of water for fire or rI's^jj, § lo 

4 domestic purposes; the use of the telegraph or the telephone; the p||*' Ij'j 

5 manufacture and distribution of oxygen, hydrogen, nitrogen, acetylene isse.sa 

6 and carbon dioxide; the retail sale of drugs and medicines, or articles is93!4i.' 

7 ordered by the prescription of a physician, or mechanical appliances iooo^mo'. 

8 used by pliysicians or surgeons. r "l' Is, 

9 Nor shall it prohibit the retail sale of tobacco in any of its forms by 1902, 414. § 1. 

10 licensed . innholders, common victuallers, druggists and newsdealers 273^'§\"**333' ' 

11 whose stores are open for the sale of newspapers every day in the week; 343! 

12 the retail sale of bread, before ten o'clock in the forenoon and between 423, §5" ' 

13 the hours of four o'clock and half past six o'clock in the afternoon by 1911:32s! §1. 

14 licensed innholders and by licensed common victuallers authorized to lilt', ul'. § 1; 

15 keep open their places of business on the Lord's day and by persons HI]] l%- 

16 licensed under the following section to keep open their places of business \llf f J|- 

17 as aforesaid; the retail sale of ice cream, soda water and confectionery i93o!i43: 179. 
IS by licensed innholders and druggists, and by such licensed common 13 Alien, 559. 

19 victuallers as are not also licensed to sell certain non-intoxicating bever- 144 Mass: 359. 

20 ages, as defined in section one of chapter one hundred and thirty-eight, 430.''''"" ^^' 

21 and who are authorized to keep open their places of business on the 1*1 l\^l\ joi. 

22 Lord's day; the sale of ice cream, soda water, confectionery or fruit by 221 .Mass 7o'' 

23 persons licensed under the following section or the keeping open of their 244 Mass. 484. 

24 places of business for the sale thereof. 

25 Nor shall it prohibit work lawfully done by persons working under 

26 permits granted under section nine; the sale by licensed innholders and 

27 common victuallers of meals such as are usually served by them, con- 

28 sisting in no part of intoxicating liquors, which meals are cooked on the 

29 premises but are not to be consumed thereon; the operation of motor 

30 vehicles; the sale of gasoline and oil for use, and the retail sale of ac- 

31 cessories for immediate necessary use, in connection with the operation of 

32 motor vehicles, motor boats and aircraft; the letting of horses and 

33 carriages or of boats; unpaid work on pleasure boats; the running of 

34 steam ferry boats on established routes; the running of street railway 

35 cars; the running of steamboat lines and trains or of steamboats, if 

36 authorized under section nineteen. 



1674 OBSERVANCE OF THE LORD's DAY. [ChAP. 136. 

Nor shall it prohibit the preparation, printing and publication of 37 
newspapers, or the sale and delivery thereof; the wholesale or retail 38 
sale and delivery of milk, or the transportation thereof, or the delivery 39 
of ice cream; the making of butter and cheese; the keeping open of 40 
public bath houses; the making or selling by bakers or their employees, 41 
before ten o'clock in the forenoon and between the hours of four o'clock 42 
and half past six o'clock in the afternoon, of bread or other food usually 43 
dealt in by them; whenever Rosh Hashonah, or the Day of Atonement, 44 
begins on the Lord's day, the retail sale and delivery of fish, fruit and 45 
vegetables before twelve o'clock noon of that day; the selling of kosher 46 
meat by any person who, according to his religious belief, observes 47 
Saturday as the Lord's day by closing his place of business during the 48 
day until six o'clock in the afternoon or the keeping open of his shop on 49 
the Lord's day for the sale of kosher meat between the hours of six 50 
o'clock and ten o'clock in the forenoon. 51 

Nor shall it prohibit the performing of secular business and labor on 52 
the Lord's day by any person who conscientiously believes that the 53 
seventh day of the week ought to be observed as the Sabbath and actually 54 
refrains from secular business and labor on that day, if he disturbs no 55 
other person thereby ; the carrying on of the business of bootblack before 56 
eleven o'clock in the forenoon, unless prohibited in a city or town by 57 
ordinance or by-law; the digging of clams; the icing and dressing of 58 
fish; the cultivation of land, and the raising, harvesting, conserving and 59 
transporting of agricultural products during the existence of war between 60 
the United States and any other nation and until the first day of January 61 
following the termination thereof; such unpaid work in or about private 62 
gardens or private grounds, adjacent to a dwelling house, as shall not 63 
cause unreasonable noise, having regard to the locality where such work 64 
is performed. 65 

Nor shall it prohibit the sale of catalogues of pictures and other works 66 
of art in exhibitions held by societies organized for the purpose of pro- 67 
moting education in the fine arts or the exposure of photographic plates 68 
and films for pleasure, if the pictures to be made therefrom are not 69 
intended to be sold and are not sold. 70 

fnk-f/so"'^'" Section 7. In Boston, and in any other city or town which accepts 1 

nceneed*"^ this and the following section or has accepted corresponding provisions 2 

1909,423, §§ 1, of earlier laws, in a city by its city council or in a town by the \oters 3 

1918,257, of the town at an annual town meeting, the licensing board or officer 4 

1919, 5. in such city or town, or if there is no such board or officer the aldermen 5 

225 Mass. 104. of a city, or if there are no aldermen the city council, with the approval 6 

of the mayor, or the selectmen of a town, may grant, to any reputable 7 

person who on secular days is a retail dealer in ice cream, confectionery, 8 

soda water or fruit and who does not hold a license for the sale of certain 9 

non-intoxicating beverages, as defined in section one of chapter one 10 

hundred and thirty-eight, a license to keep open his place of business 11 

on the Lord's day for the sale of ice cream, confectionery, soda water or 12 

fruit. 13 

ofhcenses. Section 8. Evcpy liccnse granted under the preceding section shall 1 

Revocation. spccify the strcct or place and the number, if any, or if there is no num- 2 

i9?3' 45i' ^ ^' ^^^' *'^^ location of the place of business in which the license is to be 3 

exercised, and the license shall not be valid in any other place. A license 4 

if granted prior to May first in any year shall take effect on that day, 5 



Chap. 136.) observance of the lord's day. 1675 

6 but if granted thereafter it shall take effect on the date thereof, and all 

7 licenses shall expire on April thirtieth of each year. The fee for such 

8 license shall not be more than five dollars a year, and it may be sus- 

9 pended or revoked by the officer or board granting the same. 

1 Section 9. The police commissioner of Boston, or any member of may'be pc"-'' 

2 the police department having a rank not lower than that of captain lS^^'^j™ 

3 and designated by said commissioner, or the chief of police or other iwo. ■^-o. \ i. 

4 officer in charge of the police department of any other city or of any 

5 towTi, upon such terms and conditions as he deems reasonable, may 

6 issue a permit for the performance on the Lord's day of necessary work 

7 or labor which in his judgment could not be performed on any other 

8 day without serious suffering, loss, damage or public inconvenience. 

9 Such permit shall cover not more than one day and shall not be issued 
10 more than six days prior to the day for which it is issued. 

1 Section 10. Any post or camp of an incorporated organization of ^1^'° 
•2 veterans of any war in which the United States has engaged, or any wjth music 

y . . . . " .. . allowed on 

3 mcorporated civic or fraternal organization, mav parade with music on Lords day. 

, -.^ ,, , / J- r • • I U- 1908, 354; ->37 

4 the Lord s day tor the purpose or attending divme service, holding com- 1920. hi. 

5 memorative exerci.ses or dedicating memorials; provided, that the music 1930! 90 ' 

6 shall be suspended while passing within two hundred feet of anj' place 

7 of public worship where services are being held. 



1931, 176. 



1 Section 11. Any company or association of policemen or firemen, PoUcemenor 

2 whether in active service or former members of a police or fire depart- parade" wuh 

3 ment, may parade with music, in the case of policemen, on policemen's tal^'sundays. 

4 memorial day, the first Sunday of June in each year, and, in the case of {|35' Jf 5 j 

5 firemen, on firemen's memorial day, the second Sunday of June in each 

6 year, for the special purpose of decorating the graves of deceased police- 

7 men or firemen, as the case may be; provided, that the music shall be 

8 suspended while passing within two hundred feet of any place of public 

9 worship where services are being held. 



1 Section 12. Whoever, keeping a house, shop, cellar or place o^ ^"p^nlpi 

'^ r^iiKlir* *in+f»rf QTtitTii^nt or rf»fri:iclimAnf *inf<=irtQinc flifir^iin on fLti T orrl'^ of entertai 



aces 



_ public entertainment or refreshment, entertains therein on the Lord's otontertain- 

, , ment, etc., to 

3 day any persons other than travelers, strangers or lodgers, or suffers entertain only 

4 such persons on said da.v to remain therein or in the yards, orchards or 1092-3, 22, 53. 

5 fields appertaining thereto, drinking or spending their time idly or at 1727-8, 5.5.3. 

6 play, or in doing any secular business, shall for a first ofi'ence be pun- 1782723?"' ^ *' 

7 ished by a fine of not more than hhy dollars for each person so enter- ||g^[- ^g ^ 3 

8 tained or suffered so to remain ; and for a subsequent offence by a fine YsH' lefe ^'.5 

9 of not more than one hundred dollars; and if convicted three times, he R s'47. § i3; 
10 shall thereafter be disqualified to hold a license. 

1837, 242, § 1. 1864, 79. 2 Pick. 139. 

1844, 160. P. S. 98, § 4. 117 Mass. 116. 

G. S. 84, § 3. R. L. 98, § 6. 

1 Section 13. A civil process shall not be served or executed on the civil process 

2 Lord's day, and such service if made shall be void, and the person who re°rvedon 

3 serves or executes it shall be liable in damages to the person aggrieved i782,l23!'tiL 

4 in like manner as if he had no such process. 

1791.58, §9. G.S. 84, §6. R. L. 98, 5 8. 

R. S. 50, 5 7. P. S. 98, 5 6. 140 Mass, 147. 



1676 



OBSERVANCE OF THE LORD S DAY. 



[Chap. 136. 



Whoever on the Lord's dav behaves rudelv or indecently 1 

2 



™debehi°Jior SECTION 14. 

1782. Is.^s 9.' in anv house of public worship shall be punished by a fine of not more 
1791, 58. § 7. ,,•,,„ ^ '^ o 

R. s. 50, § 8. than ten dollars. ^ 

G. S. 84, § 7. P. S. 98, § 7. R. L. 98, § 9. 



ti!rco''mnrence- SECTION 15. Prosccutions for penalties incurred under the preceding 1 

nientofpros- provisious of thls chapter shall be commenced within six months after 2 

ecutions. i ^ • , . i o 

1815, 135. the oiience was committed. o 

R. S. 50, § 11. G. S. 84, § 10. P. S. 98, § 8. R. L. 98, § 10. 



Sheriffs, etc., 
to inform of 
oflences. 



Section 16. Sheriffs, constables and grand jurors shall inquire into 1 
and inform of all violations of this chapter, and cause it to be enforced. 2 



1727-8, 5, 
1791, 58, i 



§5. 

§ 10, 12. 



R. S. 50, § 9. 
G. S. 84, § 8. 



P. S. 98, § 9. 
R. L. 98, § 11. 



Penalty for 
disciiarging 
firearms, fish- 
ing, etc., on 
Lord's day. 
1865, 253. 
P. S. 98, §§ 10- 
12. 

R. L. 98, § 12. 
1908, 123. 
1931, 71. 



Section 17. Wlioever on the Lord's day discharges any firearm for 
sport or in the pursuit of game, or attempts to take or catch any fish by 
using any net or spear, or attempts to take or catch any fish for com- 
mercial purposes by using a hook and line, shall be punished by a fine 
of not more than ten dollars. Prosecutions hereunder shall be com- 
menced within thirty days after the oft'ence was committed. 



Innholders who 
permit imple- 
ments of 
gaming to be 
used, etc. 
1854,450, § 1. 
G. S. 84, § 11. 



S. 98. 
L. 98, 



14. 
§ 13. 



Section 18. Any innholder, common victualler or person keeping 1 

or suffering to be kept in any place occupied by him implements such 2 

as are used in gaming, in order that the same may for hire, gain or 3 

reward be used for purposes of amusement, who, on the Lord's day, 4 

uses or suffers to be used any such implements upon any part of his 5 

premises, shall for a first offence be punished by a fine of not more than 6 

one hundred dollars or by imprisonment for not more than three months; 7 

and for a subsequent oft'ence by imprisonment for not more than one year; 8 

and in either case shall further recognize, with sufficient sureties, in a 9 

reasonable sum for his good behavior, and especially that he will not be 10 

guilty of any violation of this section for three months after the date of 11 

his recognizance. 12 



Department _ 
of public utili- 
ties may 
authorize 
running 
trains and 
steamboats 
on Lord's dav. 
1881, 119. 
P. S. 98, § 15. 
1887, 391, § 3. 
1897, 389. 
R. L. 98, §§ 14, 
15. 
1913, 784. 



Section 19. The department of public utilities may authorize the 
running, on the Lord's day, of such steamboat lines and of such trains 
on any railroad, as in its opinion public necessity and convenience require, 
having regard to the due observance of the day; and may, if public 
necessity, convenience, health or welfare so requires, authorize the run- 
ning of steamboats on said day upon such conditions as it deems judicious 
to prevent disorderly conduct or the disturbance of public worship, and 
it may at any time revoke such authority. 

1919, 350, § 117. 



This chapter 
not a defence. 
1877, 232. 
P. S. 98, § 3. 
1884, 37. 
R. L. 98, § 17. 



Section 20. The provisions of this chapter shall not constitute a 1 
defence to an action for a tort or injury sutt'ered by a person on the 2 
Lord's day. 3 



128 Mass. 594. 
131 Mass. 156. 



140 iMass. 199. 
165 Mass. 346. 



209 Mass. 155. 
125 U. S. 555. 



Chap. 136.] observ.\nce of the lord's day. 1677 



CERTAIN SPORTS AXD CAMES PERAHTTED ON THE LORD S DAY. 

1 Section 21. In any city which accepts sections twenty-one to twenty- Certain sports 

2 five, inclusi\-e, by \-ote of its cit.\' council and in an.v town which accepts per.mtt"eT 

3 said sections by vote of its inhabitants, it shall be lawful to take part in § §"1",' 7^*°' 

4 or witness any athletic outdoor sport or game on the Lord's day between ^920) 136,°' 

5 the hours of one thirty and sLx thirty in the afternoon as hereinafter Jg|^ ^Qg j j 

6 provided. 

1931. 174. Op. A. G. (1920) 129. 

1 Section 22. Such sports or games shall take place on such play- To be held 

2 grounds, parks or other places as may be designated for that purpose in licensed 

3 a license or permit issued by the city council, with the approval of the i92o;''240, § 2. 

4 mayor, or by the selectmen; provided, that if, under any statute or i**^*' ''O'', § 2. 

5 ordinance,, a public playground or park is placed under the exclusive 

6 charge and authority of any other officials, such officials shall, for that 

7 playground or park, be the licensing authority; and provided, that no 

8 sport or game shall be permitted in a place, other than a public play- 

9 ground or park, within one tliousand feet of any regular place of worship. 

1 Section 2.S. Such sports or games shall be conducted subject to Tobecon- 

2 such regulations and restrictions as shall be prescribed from time to regiofations," 

3 time by the city council or the selectmen; provided, that they shall not smn f^e'^"'tc. 

4 prohibit the charging of admission fees or the taking of collections at '4^3,' f.^'^' 

5 any such sport or game, nor shall they prohibit the receiving of remunera- ^g^Jj; 'jgg °h^ 

6 tion by any projirietor, manager or person in charge of any such sport i928, 406,' § 2. 

7 or game or by any participant therein. Said regulations and restrictions 

8 shall be stated in the license or permit. 

1 Section 24. The licensing authorities described in section twenty- Revocation 

2 two may at any time and without previous notice revoke permits to 192" 240. 1 6. 

3 conduct the said sports or games if they have reason to believe that any fg-]^] ^{i6°^ 

4 pro\ision of sections twenty-one to twenty-five, inclusive, or of any fgH ^Qg^ 5 2. 

5 regulation or restriction prescribed under section twenty-three, is being 

6 or will be violated. 

1 Section 2.5. Sections twenty-one to twenty-five, inclusive, shall not Limit of 

2 prohibit participation at other hours on the Lord's day in other outdoor §§ 21-25. 

3 exercise not involving the element of contest, nor shall they permit horse g'l. (ed.'of 

4 racing, automobile racing, boxing, or hunting with firearms. §^28.' ^^^' 

1928, 40G, § 2. 

1 Section 26. In any city or town wherein the corresponding pro- Amateur 

2 visions of this and the six following sections were in eiTect on the si.xth pe?mftted% 

3 day of December, nineteen hundred and twent\-eight, and which has ortown^!"''^ 

4 not voted against said sections on resubmission as provided in section }93?;|26'*^' 

5 thirty-one, and has not accepted the provisions of sections twenty-one 5 244. 

6 to twenty-five, inclusive, as provided in section twenty-one, it shall be 

7 lawful to take part in or witness any athletic outdoor sport or game, in 

8 which the contestants do not receive and have not been promised any 

9 pecuniary reward, remuneration or consideration whatsoever directly 

10 or indirectly in connection therewith, on the Lord's day between the 

11 hours of two and six in the afternoon as hereinafter provided. 



1678 



OBSERVANCE OF THE LORD S DAY. 



[Chap. 136. 



Licensing such 
sports, etc., on 
designated 
playgrounds, 

1928, 406, § 2. 
1931, 426, 
{244. 



Section 27. Such sports or games shall take place on such play- 1 

grounds, parks or other places as may be designated for that purpose in 2 

a license or permit issued by the city council, with the approval of the 3 

mayor, or by the selectmen; provided, that if, under any statute or 4 

ordinance, a public playground or park is placed under the exclusive 5 

charge and authority of any other officials, such officials shall, for that 6 

playground or park, be the licensing authority; and provided, that no 7 

sport or game shall be permitted in a place, other than a public play- 8 

ground or park, within one thousand feet of any regular place of worship. 9 



?nd rlf-"°°* Section 28. Such sports or games shall be conducted subject to such 1 

i928"406, § 2. regulations and restrictions as shall be prescribed b>- the city council or 2 
1931.426, §244. sclcctmen, and the same shall be stated in the license or permit. 3 



Fees, etc., 
forbidden. 
1931, 426, 
§ 244. 



Section 29. No admission fee shall be charged directlj- or indirectly, 1 
and no business or other enterprise shall be conducted, and no collec- 2 
tion shall be made at any such sport or game. 3 



Revocation of 
permits for 
violations. 
1931, 426, 
§244. 



Section 30. The licensing authorities described in section twenty- 
seven may at any time and without previous notice revoke permits to 
conduct the said sports or games if they ha\'e reason to believe that any 
provision of sections twenty-six to twenty-nine, inclusive, or of any 
regulation or restriction prescribed under section twenty-eight, is being 
or will be violated. 



Resubmission 

of §§ 26-32 in 
certain cities 
and towns. 
1931, 426, 
§ 244. 



Section 31. In any city or town in which the provisions of sections 1 

twenty-six to thirty-two, inclusive, are in force, said sections shall be 2 

resubmitted to the voters at a municipal election, if a petition to that 3 

effect, signed by not less than ten per cent of the voters, is filed with the 4 

city or town clerk not less than thirty days before the election. If, upon 5 

such resubmission, a majority of the voters voting thereon vote against 6 

said sections, they shall cease to have effect in that city or town. 7 



Section 32. Sections twenty-six to thirty-one, inclusive, shall not 1 



Limit of 

six preceding prohibit participation at other hours on the Lord's day in other outdoor 
1931,426, exercise not involving the element of contest, nor shall they permit 
horse racing, automobile racing, boxing, or hunting with firearms. 



Chap. 137.] 



G.A.MING. 



1679 



CHAPTER 137. 

GAMING. 



Sect. 

1. Recoverj' of money, etc., lost at gaming. 

2. Liability of owner, etc., of gaming 

house. 

3. N'otes, conveyances, etc., for gaming, 

when void. 

4. Dealing in securities without actual 

sale. 



Sect. 

5. Stolen, etc., property, recovered by 

whom. 

6. Prima facie evidence of intent not to 

receive and deliver. 

7. "Securities" and "commodities" de- 

fined. 



1 Section 1. Whoever, by playing at cards, dice or other game, or by Recovery of 

2 betting on the sides or hands of those gaining, loses to a person so play- !ost"at 'glmVng. 

3 ing or betting money or goods, and pays or delivers the same or any part \]'iH[ 27', 1 1 

4 thereof to the winner, or whoever pays or delivers money or other thing {j''*|; f^; | 'fo. 

5 of value to another person for or in consideration of a lottery, policy or p 1 1|' |J 

6 pool ticket, certificate, check or slip, or for or in consideration of a chance jsss. 4i9, ui. 

7 of drawing or obtaining any money, prize or other thing of value in a 17 Mass' 56o. 
S lottery or policy game, pool or combination, or other bet, may recover s Gray, 243. 

9 such money or the value of such goods in contract; and if he does not }i6'Mass.^272. 

10 within three months after such loss, payment or delivery, without covin HlMlsa^tee! 

11 or collusion, prosecute such action with effect, any other person may sue J|^ ^^^^^ i^o. 

12 for and recover in tort treble the value thereof. 



136 Mass. 525, 564. 
143 Mass. 280. 



149 Mass. 124. 
170 .Mass. 146. 



226 Mass. 409. 



1 Section 2. The owner, tenant or occupant of a house or building Liability of 

2 where money or goods are lost, paid or delivered in any form of gaming gaming house. 

3 referred to in the preceding section, or by betting on the sides or hands g. s.'ss, § 2. 

4 of those gaming, with the knowledge or consent of said owner, occupant fggs, 4%f 512. 

5 or tenant, shall be liable in the same manner and to the same extent as n6^Mt88.^27'2. 

6 the winner or receiver thereof is liable under the preceding section. 129 Mass. 407. 

134 Mass. 150. 143 Mass. 280. 154 Mass. 346. 226 Mass. 409. 

1 Section 3. Notes, bills, bonds, mortgages or other securities or con- Notes, con- 

2 veyances the whole or part of the consideration of which is money or for^gammg, ° ' 

3 goods won by gaming or playing at cards, dice or any other game, or by r7'3™7,°i7. § i. 

4 betting on the sides or hands of persons gaming, or for repaying or re- J^li^ss"^^'/. '■ 

5 imbursing money knowingly lent or advanced for gaming or betting, or J^^'^'fo'lfs 

6 lent and advanced at the time and place of such gaming or betting to a Sf ||'|?- 

7 person so gaming or betting, shall be void as between the parties thereto, r'. l. 99, § 3. 

8 and as to all persons except such as hold or claim under them in good 5346.' ' 

9 faith and without notice of the illegality of the consideration. 

1919, 5. 3 Cush. 448. 151 Mass. 118. 

1920, 2. 120 Mass. 271. 226 Mass. 409. 



1 Section 4. Whoever upon credit or upon margin contracts to buy Dealing in 

2 or sell, or employs another to buy or sell for his account, any securities wiXo'ut^actuai 

3 or commodities, intending at the time that there shall be no actual pur- ^,^gg 437 5 ,. 

4 chase or sale, may recover in contract from the other party to the con- {^"i'; 99^'§V' 

5 tract, or from the person so employed, any payment made, or the value Jji.\^|53' ^ '• 

6 of anjlhing delivered, on account thereof, if such other party to the loi iiaas. 54. 



1680 



GAMING. 



[Chap. 137. 



168 Mass. 2S2, 

284. 

174 Mass. 238. 

177 Mass. 208, 

382 

ISOMass. 259, 

458, 500, 562. 

181 Mass. 229, 
251. 

182 Mass. 273, 
321 

184'Mass. 515, 
601. 

188 Mass. 135. 

189 Mass. 34. 
191 Mass. 117. 
196 Mass. 294. 

198 Mass. 236, 
524. 

199 Mass. 242. 

200 Mass. 367. 

201 Mass. 165. 
206 Mass. 275. 
208 Mass. 586. 
214 Mass. 180. 
217 Mass. 451. 
221 Mass. 495. 
224 Mass. 248. 
226 Mass. 46. 
230 Mass. 49. 
232 Mass. 117. 
234 Mass. 236. 
236 Mass. 157. 
239 Mass. 190. 
242 Mass. 415. 
252 Mass. 16, 
306. 

256 Mass. 147. 

257 Mass. 218, 
309. 

266 Mass. 407. 
268 Mass. 555. 



contract or person so employed had reasonable cause to believe that 7 
said intention existed; but no person shall have a right of action under 8 
this section if, for his account, such other party to the contract or the 9 
person so employed makes, in accordance with the terms of the contract 10 
or employment, personally or by agent, an actual purchase or sale of 11 
said securities or commodities, or a valid contract therefor. A purchase 12 
or sale of securities, or a contract therefor, whether calling for present 1.3 
or future deliveries, made on any stock exchange or board of trade estab- 14 
lished for a period of at least ten years prior thereto, and recognized as 1.5 
valid and enforceable by the law of the jurisdiction where made, shall 16 
be deemed an actual purchase or sale within the meaning of this section. 17 
If a purchase or sale of the securities or commodities ordered to be 18 
bought or sold is made by the person so employed on a stock exchange 19 
or board of trade, and other purchases or sales of such securities or com- 20 
modifies are made on the same day on such exchange or board by such 21 
person for others in due course of business, and the balance of such 22 
purchases or sales of securities or commodities is received or delivered 2.3 
by such person by direction of the clearing house of such exchange or 24 
board on the day when such purchase or sale or contract therefor is made, 2,5 
or on the regular clearing day of such exchange or board next thereafter, 26 
which shall not be more than four days after the making of such pur- 27 
chase or sale, or contract therefor, such purchases and sales shall be 28 
deemed actual purchases and sales within the meaning of this section. 29 



stolen, etc., 
property, 
recovered 
by whom. 
1890, 437, § 3. 
R. L. 99, § 5. 
200 Mass. 367. 
252 Mass. 306. 
256 Mass. 147. 



Section 5. If, in a case under the preceding section, the money or 
property paid or delivered has been stolen, embezzled or fraudulently 
or wrongfully used by the party entitled to recover under said section, 
the person to whom it rightfully belongs may in his own name recover 
it in contract. 



Prima facie 
evidence of 
intent not to 
receive and 
deliver. 
1890. 437, § 4. 
1901, 4.59. § 2. 
R. L. 99. § 6. 
1919. 247, § 2. 

181 Mass. 251. 

182 Mass. 321. 
195 Mass. 419. 
200 Mass. 367. 
206 Mass. 275. 
217 Mass. 451. 
221 Mass. 495. 
226 Mass. 46. 
230 Mass. 49. 
234 Mass. 236. 
236 Mass. 454. 
252 Mass. 306. 
256 Mass. 147. 



Section 6. In a proceeding under either of the two preceding sections, 1 
if the person so employed does not make an actual transaction relieving 2 
him from liability under section four, the fact that the seller or the per- 3 
son employing another to sell for his account did not own the securities 4 
or commodities at the time of the contract of sale or of the giving of the .5 
order to sell, and the fact that settlements were made without completion 6 
of the purchase or sale of the securities and commodities bought or sold 7 
or ordered to be bought or sold, shall each be prima facie evidence that 8 
within the meaning of section four there was an intention that there 9 
should be no actual purchase or sale, and that there was reasonable 10 
cause to believe that said intention existed; and the parties liable to an 11 
action under said section shall be jointly and severally liable. 12 



257 Mass. 218, 309. 



266 Mass. 407. 



"Securities" 
and "com- 
modities" 
defined. 
1890, 437, § 1. 
R. L. 99, § 7. 
252 Mass. 306. 



Section 7. In the three preceding sections, the word "securities" 1 

shall include all evidences of debt or property and options for the pur- 2 

chase and sale thereof, shares in any corporation, joint stock company 3 

or association, bonds, coupons, scrip, rights, choses in action and other 4 

evidences of debt or property and options for the purchase or sale thereof; 5 

and the word "commodities" shall include everything movable that is 6 

bought and sold. 7 



Chap. 138.] 



INTOXICATING LIQUORS, ETC. 



1681 



CHAPTER 138. 

INTOXICATING LIQUORS AND CERTAIN NON-INTOXICATING 

BEVERAGES. 



Sect. 

definitions and bale. 

1. Definitions. 

2. Regulation of sales. 
2.\. (Repealed.) 

3. Definition of into.xicating liquor. 

LICENSING BOARDS. 

4. Appointment, etc. 

5. Terms of office. Removal. 

6. Chairman. Quorum. Vacancies. 

7. Office, salaries, etc. 

8. Powers to vest in aldermen in no- 

license cities. Revesting of powers. 

9. Record and report. Additional pow- 

ers. 

10. Certain cities exempt. 

GRANTING OF LICENSES. 

11. Granting of licenses. 

IIA. Certain laws relative to sale of cer- 
tain non-intoxicating beverages 
temporarily suspended. 

12. Information relative to applications 

and licenses. 

13. Applications, when to be received and 

granted. 

14. Licenses. Number, limitations on 

granting, etc. Enumeration of 
temporary residents. Penalty. 

15. Notice of certain applications to be 

published. Proceedings upon fail- 
ure to publish. 

16. Licenses may be refused to unfit per- 

sons. 

CONDITIONS OF LICENSES. 

17. Conditions. 

CLASSES OF LICENSES. 

18. Five classes of hcenses. 

FEES FOR LICENSES. 

19. Fees. 

20. Death of licensee, new license, etc. 

REGULATION OF LICENSED PREMISES. 

21. Entrances and screens. 

22. License of premises near school for- 

bidden. 

23. License in dwelling house or store con- 

nected with it forbidden. 

24. Hours of closing for common vict- 

uallers. 



Sect. 

druggists. 

25. Sale by druggists. 

26. Licenses to druggists. 

27. Certificate of fitness for license. 

28. Sale of alcohol by pharmacists regu- 

lated. 

29. Druggist's license to become void in 

certain cases. 

30. [Repealed.] 

31. [Repealed.] 

32. Books, etc., open to inspection. 

33. Penalty for sale of liquor in name of 

pharmacist. 



SALE OF WOOD ALCOHOL. 

34. Manufacture, sale, etc., of wood alco- 

hol, etc., without license by other 
than registered druggist forbidden. 

35. Licenses to manufacture, sell, etc., 

wood alcohol, etc. 

36. Form of label on containers of wood 

alcohol, etc. Penalty. 

37. Offence of unlawful sale of wood 

alcohol, etc. 

38. Penalty. 



LICENSES TO DEALERS IN PAINTS AND CHEM- 
ICALS. 

39. Licenses to dealers in paints, etc. 

40. License to become void in certain 

cases. 

41. Record book for sales. 

42. Refilling of bottles. 



BONDS AND TRANSFERS OF LICENSES. 

43. Payment of fee, and bond. 

44. Sureties on bond. 

45. Transfer of licenses. 

46. One quarter of fees to be paid to com- 

monwealth. Penalty. 



PENALTIES FOR ILLEGAL SALE. SEIZURE. 
CIVIL DAMAGES. 

47. Entry on licensed premises for exam- 

ination and taking samples. 

48. Forfeiture of license. Effect. 

49. Civil liability for damages caused by 

an intoxicated person. 

50. Action by owner paying money for 

tenant. 

51. Penalty for employing minor under 

eighteen to handle liquor. 



1682 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



Sect. 
52. 

53. 

54. 
55. 
56. 

57. 
58. 
59. 

60. 

61. 
62. 
63. 
64. 

64A. 

65. 
66. 
67. 



69. 
70. 
71. 



Penalty for furnishing liquor to 
minors. 

Penalty for false statement of age in 
order to procure liquor. 

Analysis of liquor. 

Certificate to accompany sample. 

State secretary to provide forms. 
Certificate to be evidence. 

Tampering with samples forbidden. 

Court may order analysis. 

Delivery of liquor prima facie evi- 
dence of sale in certain cases. 

Signs prima facie evidence of keeping 
for sale in certain cases. 

Search warrant. 

Search of dwelling house. 

Designation of place to be searched. 

Search of premises and seizure of 
liquor. 

Search and seizure in dwelling with- 
out search warrant penalized. 

Notice to keeper of liquors seized. 

Form and service of notice. 

Postponement of trial. 

Claimant of hquors may be admitted 
as party. Judgment. Disposition 
of motor vehicles seized. 

Disposition of forfeited liquor, etc. 

Liquors not forfeited to be returned. 

Forfeiture of furniture, etc. Motor 
vehicles. 



Sect. 

72. Costs. 

73. Appeal. 

74. Superior court to have jurisdiction 

when liquors worth more than one 
thousand dollars. 

75. Arrest without warrant in certain 

cases. 

76. [Repealed.] 

77. Disposition of prosecution regulated. 

78. Licensing authorities to be notified of 

conviction. 

79. Owner of building to be notified of 

conWction. 

80. Forms for prosecution. 

81. Liquors illegally kept, etc., common 

nuisances. 

82. Clubs used for selling liquor common 

nuisances. Penalty. 

83. Penalty for illegal sale, etc., of certain 

non-intoxicating beverages. 

84. Conviction of licensee of violation of 

law or of conditions of license ren- 
ders license void. 

85. Section 52 not to apply to sales on a 

physician's prescription. 

86. General penalty. 

87. Penalty for violation of certain sec- 

tions. 

88. Penalty for false prescriptions. 

89. Penalty for violation of § 42. 



Definitions. 
1920, 630, § 1. 



DEFINITIONS AND SALE. 

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

contrary meaning is required by the context, shall have the following 2 

meanings: 3 

"Certain non-intoxicating beverages", all beverages containing not 4 

less than one half of one per cent and not more than two and three 5 

fourths per cent of alcohol by weight at sixty degrees Fahrenheit. Such (i 

beverages shall be deemed not to be intoxicating liquor. 7 

"Licensing board", the board appointed under section four or the 8 

board described in section ten. 9 

"Licensing authorities", all boards or officers having power to grant 10 

licenses for the sale of intoxicating liquor or of certain non-intoxicating 1 1 

beverages. ■ 12 



^1?^^"°° °^ Section 2. No person shall sell, or expose or keep for sale, spirituous 1 
A ^' d"?!'' ^'' intoxicating liquor or certain non-intoxicating beverages, except as 2 
1920. 630. ' authorized by this chapter. 3 

236 Mass. 281. 240 Mass. 465. 251 Mass. 550. 

239 Mass. 103. 246 Mass. 464, 507. 258 Mass. 85. 

[Penalties, §5 83, 86.1 



Section 2A. [Inserted, 1923, 370; repealed, 1930, 427, by vote 1 
of the people, acting under the Initiative, at the state election held on 2 
November 4, 1930.] 3 



Chap. 138.] intoxicating liquors, etc. 1683 

1 Section 8. Any beverage containing more than two and three Definition of 

2 quarters per cent of alcohol by weight at sixty fiegrces Fahrenheit, and luiuor""""^ 

3 distilled spirits, shall be deemed to be intoxicating liquor within the 239 Mass! ms. 

4 meaning of this chai)ter. 

252 Masa. 126. 262 Masa. 180. 269 Mass. 97. 

LICENSING BOARDS 

1 Section 4. In each city which is not exempt by the provisions of Appointment, 

2 section ten there shall be a licensing board appointed by the mayor, con- }^7|'?44^5^o' 

3 sisting of three persons, who shall not be engaged, directly or indirectly, p.s.'r(K).'§28'. 

4 in the manufacture or sale of into.xicating liquors or of certain non- §§ i,'2. 

5 intoxicating beverages, who have been residents of the city in which {loo; 390: 

() they are appointed for at least two years immediately preceding their fgoo. i.^: 1 2! 
7 appointment, and who shall not hold any other public office except that is* Mass. 238. 
S of notary public and justice of the peace. One member shall be ap- 
9 pointed from each of the two leading political parties and the third 

10 member may also be appointed from one of said parties. If any member 

11 of said board engages directly or indirectly in such manufacture or 

12 sale, his office shall immediately become vacant. 

1 Section 5. The terms of office of the members first appointed shall J^™' °r^. 

2 commence at the date of their appointment, and shall be so arranged as ig94*'428. § ... 

3 to expire at the end of two, four and six vears from the first Monday in isse. fJ^ 

4 June in the year of their appointment, the date or expiration to be speci- 1912, 389 ^ 

5 fied in their respective commissions; and thereafter a member shall be 222 Mass! 542 

6 appointed for a term of six years from the first Monday in June of the 

7 year in which the previous term expires. All members shall hold office 

8 until their respective successors are qualified. They may be removed by 

9 the mayor for cause, after charges preferred, reasonable notice thereof, 

10 and a hearing thereon; and the mayor shall, in the order of removal, state 

11 his reasons therefor. Any member of said board may, within seven days 

12 after notice of his removal, apply to the superior court for a review of 

13 the charges, of the evidence submitted thereunder, and of the findings 

14 thereon by the mayor. Notice of the entry of such application shall be 

15 given to the mayor by serving upon him an attested copy thereof. The 

16 entry fee, costs, and all proceedings upon such application shall be ac- 

17 cording to the rules regulating the trial of civil causes. The court, after 

18 a hearing, shall affirm or revoke the order of the mayor removing such 

19 member, and there shall be no appeal from the decision. 

20 If any member of said board who has been removed from office shall 

21 apply to the superior court for the review provided for in this section, 

22 the removal shall not take eft'ect until the court shall have affirmed 

23 the order removing the member; and until such order is affirmed the 

24 member shall continue to exercise the powers and perform the duties of 

25 his office. 

1 Section 6. The mavor shall designate one member as chairman, chairman. 

* mi J? L quorum. 

2 who shall also act as secretary. Two members shall be a quorum tor the yag'^^»°^^''| 3 

3 transaction of business. If a member ceases to be a resident of the city r. l'. loo', 5 5'. 

4 for which he is appointed or becomes unable to perform his official duties, 

5 there shall be a vacancy in the board. All vacancies shall be filled by the 

6 mayor for the residue of the unexpired term in the manner provided for 

7 an original appointment. 



1684 



INTOXICATING LIQUORS, ETC. 



[ClL\P. 138. 



Office, 
ealaries, etc. 
1894, 428. § 6. 
R. L. 100, 5 6. 
1920, 630, § 2. 



Section 7. Each city which has such a board shall provide it with 
suitable rooms, properly furnished, heated and lighted, shall pay such 
salaries as the city council, subject to the approval of the mayor, may 
from time to time establish, and shall also pay all expenses incurred 
by said board for blank books, printing and other necessary expenses 
approved by said board, not exceeding one thousand dollars in any one 
year 



Powers to 
vest in alder- 
men in no- 
license cities. 
Revesting 
of powers. 
1894, 428, § 7. 
R. L. 100, § 7. 
1920, 630, § 2. 
1921,356; 450. 
180 Mass. 151. 



Section 8. If, at any annual city election, a city in which such 1 

board has been appointed shall not vote to authorize the granting of 2 

licenses for the sale of certain non-intoxicating beverages, all obligations 3 

imposed upon said city by the preceding section shall cease from and 4 

after the first Monday in June next following such vote and, from and 5 

after said date, the powers and duties granted to and imposed upon said 6 

board in respect to third and fourth class licenses and licenses of inn- 7 

holders and common victuallers shall vest in the aldermen of said city. 8 

If said city shall, at a subsequent annual city election, again vote to 9 

authorize the granting of licenses for the sale of such beverages, the obli- 10 

gations imposed by the preceding section shall be revived and shall 11 

attach to said city from and after March first next following such vote 12 

and, from and after said date, the powers and duties of the aldermen 13 

relative to licenses of the third and fourth classes and licenses of inn- 14 

holders and common victuallers shall revest in the licensing board ap- 15 

pointed in said city. 16 



Record and 
report. Addi- 
tional powers. 
1894, 428, 
« 8, 9. 

R. L. 100, § 8. 
1920, 630, § 2. 



Section 9. Each board shall keep a record of its doings and hearings 
and shall make a quarterly report of its doings to the mayor. It may 
prescribe the forms of applications for licenses, may require any state- 
ment which may be made before it and papers which may be filed with 
it relative to applications for licenses to be sworn to, and for such pur- 
pose, any member may administer oaths. 



Certain cities Section 10. The following cities shall be exempt from the opera- 1 

1894,428, 1 10. tion of the sLx preceding sections: First, Cities having a licensuig board 2 

1920^ 63o; § 2. created by special statute or under the provisions of a charter. Second, 3 

Cities which have not at any annual city election before this chapter 4 

takes effect voted to authorize the granting of licenses for the sale of 5 

certain non-intoxicating beverages; but if any such city hereafter, at an 6 

annual city election, votes to authorize the granting of such licenses, a 7 

board shall, thereupon, in the February following, be appointed for such 8 

city as above provided, and the provisions of the six preceding sections 9 

shall thereafter apply to said city. 10 



. §2. 



Granting of 
licenses. 
1875, 99, 
§§ 4, 20. 
1878. 244, 
1881, 54, 
l§ 1. 2. 
P. S. 100, 
5§5, 28. 
1885,83; 
323, § 2. 
1894, 428, § 4. 

1896, 397, § 10 

1897, 398, § 1. 
R. L. 100, § 10 



GRANTING OF LICENSES. 

Section 11. In a city or town which at its annual election votes to 1 

authorize the granting of licenses for the sale of certain non-intoxicating 2 

beverages, as hereinafter provided, licenses of the first two classes men- 3 

tioned in section eighteen may be granted annually to applicants there- 4 

for by the licensing boards in cities and by selectmen in towns, and in 5 

any city or town, licenses of the third, fourth or fifth class mentioned in 6 

said section may be granted annually to applicants therefor by the li- 7 

censing board in cities having such boards, by the aldermen in other 8 



Chap. 138.] intoxicating uquoks, etc. 1685 

9 cities, and by the selectmen in towns. Every license sliai! be signed by i920, 630, § 3. 

10 the licensinfi board in cities having such boards, in other cities by the ise xMass! si). 

1 1 mayor and city clerk, and in towns by the chairman of the selectmen 221 Mass! 395! 

12 and towTi clerk, and it shall be recorded in the office of the licensing 233 Mass. 21&. 

13 board in cities having such boards, and in other cities and towns in the 

14 office of the city or town clerk, and the licensee shall pay the recording 

15 officer one dollar for recording the license. It shall name the {)crson 

16 licensed, shall set forth the nature of the license and the building in 

17 which the business is to be carried on, and shall continue in force until 
IS the first day of the May next ensuing, unless sooner forfeited or reiulcred 

19 void. The aldermen and selectmen, respectively, siiall insert in tlie war- 

20 rant for the annual city election or town meeting an article providing for 

21 a vote upon the question, "Shall licenses be granted for the sale of cer- 

22 tain non-intoxicating beverages in this city (or town)?" The clerk of 

23 each city or town shall, within thirty days after such vote is taken, trans- 

24 mit a true statement thereof to the state secretary; and shall annually, 

25 in November, make a return to said secretary, showing the number of 

26 licenses of each class issued, the amount received for the same by classes 

27 and the number revoked if any. 

1 Section 11 A. So much of the preceding section or of any other pro- Certain laws 

2 vision of law as recjuires the aldermen of a city or the selectmen of a sale of'certain 

3 town to insert in tlie warrant for a city election or town meeting an pnTbeverTgcV 

4 article providing for a vote upon the question of granting licenses for l^^^°^^"J,^' 

5 the sale of certain non-intoxicating beverages, or as requires a vote upon i^^s, 33. 

6 said question and returns thereof to the state secretary, and section 

7 nineteen of chapter thirty-nine and so much of any other provision of 

8 law- as imposes any duty upon any public officer by reason of said vote 

9 shall cease to be in effect during such period as the sale of certain non- 
10 intoxicating beverages shall be in violation of federal law. 

1 Section 12. The licensing board shall certify to the city clerk, the information 

2 city treasurer and the chief of police or city marshal the name of each appii'i^a*tio°n3 

3 applicant for a license, the name of each person to whom a license is i894.'428,''§ 5. 

4 issued, the date when each license goes into effect, the premises on which ^920; 630; 1 1^' 

5 it is to be exercised, the class of the license, each change of location by 

6 a licensee and each transfer of a license ordered by it. 

1 Section 13. The licensing authorities of a city or town which has AppUcations, 

2 voted to authorize the granting of licenses for the sale of certain non- received and 

3 intoxicating beverages may, during March and April, receive applica- fsls^gi 

4 tions for such licenses, publish, investigate and act thereon, and may, f^^- q^' | 4^^- 

5 in April, grant such licenses, to take effect on the first day of May 201 Mass. 204. 

6 following. 

1 Section 14. In cities and towns which vote to authorize the granting Licenses. 

2 of licenses for the sale of certain non-intoxicating beverages the number limitations 

3 of places licensed for the sale of such beverages shall not exceed one [""gf^t"' 

4 for each one thousand of the i^opulation as ascertained b\- the last preced- STn.p™"?? 

5 ing national or state census, but one such place may be licensed in any Jfe^^uy!* 
(i town having a population of less than one thousand. In Boston, one {l^iij}]- 

7 such place may be licensed for each five hundred of the population, but isae! 440. 
S in no event shall the total nmnber of licensed places therein exceed one 34i;'4"62." 



1686 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



R. L. 100, 


5 13, 


1909, 371, 


§8. 


1910, 476. 




1915, 67; 




265, § 1. 




1919, 350, 




§§ 25, 26. 




1020, 157; 




630, § 5. 




167 Mass. 


290. 



thousand. Nowhere in the commonwealth shall a first class license be 
granted to be exercised upon the same premises with a license of the 
second class, except that a licensed innholder, who has a license of the 
first class may likewise be granted a license of the second class for the 
purpose of supplying said non-intoxicating beverages to guests who have 
resorted to his inn for food or lodging. No more than one license shall 
be granted by any one vote of the licensing board. Such licenses shall 
be numbered in regular order as granted, and any license granted con- 
trary to, or in excess of, the provisions of this section shall be void ; but 
in a town voting as aforesaid at its last annual town meeting which has 
less than five thousand permanent residents according to the last pre- 
ceding state or national census but has an increased resident population 
during the summer months, the selectmen may, on or before May fifteenth 
in any year, apply to the state secretary to have an enumeration made 
of the temporary or summer residents of such town. Said secretary 
shall thereupon make such enumeration, between June twenty-third 
and twenty-eighth next following, under such rules as he shall establish. 
A person who has not been a resident of such town for at least three 
days preceding the enumeration shall not be regarded as a temporary or 
simimer resident thereof. The secretary may employ, for such enumera- 
tion, such persons as may be necessary, who shall in all cases be resi- 
dents of the town if suitable and competent persons can be found ; other- 
wise, non-residents may be employed. The secretary shall report the 
total number of such temporary or summer residents to the selectmen 
of the town on or before said Jime twenty-eighth. The expenses incurred 
in making such special enumeration shall be paid by the common- 
wealth. The state treasurer shall thereupon issue his warrant, as pro- 
vided in section twenty of chapter fifty-nine, requiring the assessors of 
such towns to assess a tax to the amount of the expense incurred in 
making this special enumeration, and such amount shall be collected and 
paid over to the state treasurer in the same manner as other state taxes. 
The selectmen may, in April, receive applications for such licenses and 
investigate and publish the same; and may grant one such license for 
each five hundred of such temporary resident population, not including 
the permanent inhabitants of such town, as ascertained by said special 
enumeration, to take effect on July first and to expire on October first 
next following. And in the towns of Hull and Nahant it is further pro- 
vided that wdien either of said towns has voted to authorize the granting 
of licenses for the sale of certain non-intoxicating beverages at its last 
annual town meeting, and such special enumeration has been made in 
the calendar year last preceding said last annual town meeting, the 
selectmen may, in April, receive applications for such licenses and in- 
vestigate and publish the same, and may grant one such license for each 
five hundred of such temporary resident population, not including the 
permanent inhabitants of the town, as ascertained by said special enumer- 
ation taken in said last preceding calendar year, to take effect on May 
fifteenth and to expire on October first next following. A selectman, 
member of a licensing board or census enumerator who violates any 
provision of this section shall be punished by a fine of five hundred 
dollars. 



9 

10 
11 
12 
13 
14 
15 
16 
17 
IS 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 



Section 15. Notice of all applications for licenses, except licenses 1 
of the third and fifth classes, shall, at the expense of the applicant, to be 2 



Notice of 
certain ap- 
plications to 

Proceedings paid in advance, be published in the following manner: in Boston by the 3 



Chap. 138.] intoxicating liquors, etc. 1687 

4 licensing board in two or more daily newspapers published therein; and ^^"^ubiilh" 

5 in the C'harlcstowii, East Boston, South Boston, Dorchester, Roxbury p*s''f^^'«%^ 

6 and Brighton districts of said city, respectively, in at iea.st one weekly !i|?'?||-5 2 

7 newspaper published in the district in which the premises for which the i894!428! §4' 

8 license is asked are situated, if any is there published ; in other cities and 1920.' 630,' i I* 

9 towns by the licensing authorities thereof, in such newispapers, printed \ll\i^s, 50. 

10 therein and i)ul>lished at least once a week, as they may designate; or IJg Mass! 67^' 

11 if no such newspaper is printed therein, then by posting such notice in 201 Mass. 204. 

12 a conspicuous place on the premises described in the application for the 

13 license and in two or more places in which public notices are usually 

14 posted in the neigiiborhood. Such notice shall set forth the name of 
1,') the applicant in full, the class of the license applied for, a particular 
1() description of the premises on which the license is to be exercised, desig- 
17 nating the building or part of a building to be used, and, if practicable, 

15 the street and number, and shall be published at least ten days before 

19 the licensing authorities act thereon. If a license is granted without 

20 such previous i)ublication, any citizen of the city or town within which 

21 such license is issued may make complaint to the district court having 

22 jurisdiction therein; and if, after due hearing, it appears that such 

23 notice was not given, the court shall revoke the license and give notice 

24 thereof to the authorities which issued it. 

1 Section 16. The licensing authorities may at any time refuse to Licenses may 

2 issue a license to a person whom they consider unfit to receive the same; unfit persons. 

3 but this chapter shall not be so construed as to compel said licensing r^'ioo,!!'. 

4 authorities to grant licenses. 

R. L. 100, § 16. 1920, 630, § 7. 

CONDITIONS OF LICENSES. 

1 Section 17. Each license of the first two classes shall be expressed fsTs^g^Tle. 

2 to be subject to the following conditions : ^- s loo. § 9 

R. L. 100, §5 17, 41. 1913, 835, § 6. 126 Mass. 542. , 

1906, 395. 1920, 630, § 8. 150 Mass. 272. 

3 First, That the provisions in regard to the nature of the license, and "s Mass. 464. 

4 the building in which the business may be carried on under it, shall be 

5 strictly adhered to. 

6 Second, That spirituous or intoxicating liquor shall not be sold, ex- 

7 changed or delivered, or exposed, ottered or kept for sale, exchange or 

8 delivery, upon the licensed premises. 

9 Third, Certain non-intoxicating beverages shall not lie sold between isss, 90:2i6. 

10 the hours of eleven at night and six in the morning, or on the Lord's isgs! 4i7,' § g.' 

11 day or on a legal holiday or any day on which a national, state, city or if 'l uf's^e^' 

12 annual town election is held in the city or town in which the licensed |'§°J; Ifg.' *®''' 

13 premises are situated; but if the licensee is also licensed as an inn- I'j'q^^*^^- 

14 holder, he may, between the hours of six in the morning and eleven at iw Mass. 289. 

15 night, on the Lord's day, a legal holiday or such election day, supply is2 .Mass! sos! 
If) such beverages to persons who have resorted to his inn for food or i82 Mass! 22. ' 

17 lodging. 

18 Fourth, That there shall be no disorder, indecency, prostitution, isoi. 369. ^^, 

..„,,.,,, . ,1- 1 • • 217 Mass. 507 

19 lewdness or illegal gaming on the licensed premises, or any premises 

20 connected therewith by an interior communication. 

21 Fifth, That the license, or a copy thereof, certified by the recording 

22 officer of the licensing board or by the clerk of the city or town by which 



1688 INTOXICATING LIQUORS, ETC. [ChAP. 138. 

it is issued, shall be displayed on the premises in a conspicuous position, 23 
where it can easily be read. 24 

Sixth, That the license shall be subject to forfeiture, as herein pro- 25 
vided, for breach of its conditions, and that, if the licensee is convicted 26 
of a violation of any of such conditions, his license shall thereupon be- 27 
come void. 28 

Each license of the first class shall be subject to the further con- 29 

dition that the licensee shall hold a license as an innholder or common 30 

victualler. 31 

1891 369. Each license to a common victualler shall specifv the room or rooms 32 

147 Mass. 374. ^ ^ .... 

150 Mass. 188, in whicli certain non-intoxicating beverages shall be kept or sold, and 33 

the holder of such license shall not keep, sell or deliver any such bever- 34 

ages in any room or part of a building not so specified. 35 

Licenses of the third, fourth or fifth classes shall be expressed to be 36 

subject to the first, fourth, fifth and sixth paragraphs of this section. 37 

1896,272. Each license of the third or fourth class shall be subject to the fur- 38 

ther condition that all spirituous or intoxicating liquors which are sold, 39 
exchanged or delivered, or which are exposed or kept for sale, exchange 40 
or delivery, shall be of the quality required for their sale as drugs under 41 
the laws relative to food and drugs. 42 

CLASSES OF LICENSES. 

onfceises"' Section 18. Licenses shall be of the following classes: 1 

1868, 141, § 4; First class. To sell malt beverages, cider and light wines containing 2 

1875, 99, § 7. not more than two and seventy-five one-hundredths per cent of alcohol 3 

R. L. 100, § 18. by weight at sixty degrees Fahrenheit, to be drunk on the premises. 4 

1923] 233] 1 1. Second class. To sell, or manufacture and sell, malt beverages, cider 5 

and light wines containing not more than two and seventy-five one- 6 

hundredths per cent of alcohol by weight at sixty degrees Fahrenheit, 7 

not to be drunk on the premises. 8 

}|^?' ?Si' f V, Third class. Licenses to retail druggists to sell liquors of anv kind 9 

layfa, 397, § lo. - .... , * ^ 

1923, 233, 5 1. tor medicinal purposes only. 10 

Fourth class. To sell, to any person holding a third or fifth class 11 
license, or a certificate of fitness under section twenty-seven, or to any 12 
person lawfully authorized by the laws of the United States and the 13 
regulations made thereunder to purchase intoxicating liquors, intoxi- 14 
eating liquors of any kind for other than beverage purposes, not to be 15 
used on the premises. 16 

1897, 398, 5 1. Fifth class. Licenses to dealers in paints or in chemicals to sell alcohol 17 
for mechanical, manufacturing or chemical purposes only. IS 

FEES FOR LICENSES. 

Fees. Section 19. The fees for licenses shall be as follows: 1 

p. s.'ioo, § 11. For a license of the first, second or fourth class, not less than two 2 
R. l'. loo", § 19. hundred and fifty dollars. 3 

1920, 630, § 10. 

For a license of the third or fifth class, one dollar. 4 

Death of Section 20. If a licensee of the first, second or fourth class dies be- 1 

licensee, new .. pi pi-i* -i?!- ii *-> 

license, etc. tore the cxpiratioii 01 the term or his license, or it a hcense has been J 
R. l! looi ■ surrendered and cancelled, the authorities issuing the licen.se may issue 3 
1902, 171. another license of either of such classes, and the two licenses shall count 4 



CUAP. 138.] INTOXICATING LIQUORS, ETC. 1689 

5 as one license; and said antiiorities shall require as a license fee for such i905, 206. 

1 Q1 1 RT 

() second license a part of tlic license fee required therefor for tiic whole year 1920! eiio, § 11. 

7 proportionate to the unexpired term of the license. Said authorities may 217 lima. 233! 

8 in their discretion, in cases where two licenses of the first, second or fourth 

9 class have been issued in the .same year, give a certificate to the party 

10 to whom the first license was issued, or, in case of his death, to his ad- 

11 ministrator or executor, stating that a part of the fee paid therefor pro- 

12 portionatc to the unexpired term of the license is to be refunded to such 

13 party, or to such administrator or executor, by the treasurer of the city 

14 or town from the fees thereafter received by saiil treasurer for licenses 
1.") under this chapter. Said treasurer shall comply witii the reciuirements 
l(j of such certificate, and shall retain one quarter of the amount so paid 
17 from any money thereafter due from him or the city to the common- 

15 wealth on account of such licenses. If a licensee dies before the ex-pira- 

19 tion of tiie term of his license, the city or town by which it was granted 

20 may refund to his executor or administrator a part of the license fee 

21 proportionate to the unex-pired term of the license, and the proportionate 

22 part of the percentage which has been paid to the commonwealth shall 

23 be refunded to the city or town. 

REGULATION OF LICENSED PREMISES. 

1 Section 21. The authorities which grant a license of the first two Entrances and 

2 classes may require a licensee to close permanently all entrances to the ilso,"!^, § 2. 

3 licensed premises except those from the public street or streets upon p**s.'Hra.'§ 12. 

4 which said premises are situated, and may so specify in the license. In ^^l' 'j^^- 1 J;, 

5 such case the construction or opening of any such entrance shall of ijjo^. 374,' § 1. 

6 itself make the license void. A licensee holding a license of the first class 1920! isao, § 12. 

7 shall not place or maintain or permit to be placed or maintained, in any 404. 

8 public room used by him for the sale of certain non-intoxicating bever- 197. '^'''^^' ^*'^' 

9 ages under the provisions of his license, any screen, blind, shutter, cur- uo MaS^ 441,' 

10 tain, partition, or painted, ground or stained glass window, or any other i|i ^^33 28 

11 obstruction, in such a wav as to interfere with a view of the business ^h\-}- „o' 

, , 1 1 , • ' 111- ... . ,, 143 Mass. 92. 

12 conducted on the premises, and the placing or maintaining 01 any 01 145 Mass. 244. 

13 said obstructions shall of itself make the license void, except that the 504. 

14 licensing authorities in their discretion may, upon application of a 

15 licensed innholder who also holds a license to sell such beverages, per- 

16 mit screens, curtains, or such other obstructions as they may designate 

17 to be placed at the windows of the dining rooms of the hotel maintained 
IS by said innholder and said authorities shall have the power to revoke 
19 such pri\ilege. 

1 Section 22. No license of the first class shall be granted for the License ot 

2 sale of certain non-intoxicating beverages in any building or place on schooffo"'''"^ 

3 the same street as, and within four hundred feet of, any building occupied i882!22o. 

4 in whole or in part by a public school; but this section shall not prevent r*®l'. loo'. { 35. 

5 the granting of such license to be exercised on premises fitted up and \i^l' J!j;5 § 13 

6 occupied as a place for selling such beverages under a license and by a 160 Mass. 528. 

7 licensee of a corresponding class of the preceding year although said 

8 premises are within four hundred feet of a building used temporarily 

9 in whole or in part for school purposes, if such use will cease permanently 

10 within one year after the granting of said license; nor shall this section 

11 prevent the granting of such a license to be exercised in any hotel on the 

12 same street as, and having its bar more than four hundred feet from, 



1690 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



a building occupied in whole or in part by a public school; provided, 13 
that there is no public bar in such hotel. 14 



License in 
dwelling house 
or store con- 
nected with it 
forbidden. 
1S88, 139, 
§§ 1.2. 
R. L. 100, 
§§36,37. 



Section 23. No license of the first two classes shall be granted to 
be exercised in a dwelling house or in any room or shop having any 
interior connection or means of communication with a dwelling or tene- 
ment of any family, and the opening or maintaining of any such con- 
nection or means of communication shall render the license void. 

1920, 630, §§ 14, 15. 150 Mass. 270. 



dos'ing°for SECTION 24. A commou victualler who holds a license under this 1 

common chaptcr shall keep the licensed premises closed between the hours of 2 

victuallers. ^ ■ i i f • i • o 

1882, 242, § 1. twelve at night and nve m the morning. 6 

R. L. 100, 5 40. 1920, 630, § 16. 



DRUGGLSTS. 



Section 25. Druggists having a third class license may sell pure 
alcohol and intoxicating liquors or certain non-intoxicating beverages 



Sale by 

druggists. 

1875. 99, § 2. 

P. S. 100, § 2. . . . .... ■ , , , , 

1887,431, §2. upon the prescription oi a registered physician; provided, that the pre- 
R. l'. loo', § 21. scription is dated, contains the name of the person prescribed for and is 
loiallio,' § 1. signed by the physician. All such prescriptions shall be retained and 
1923, 233, § 2. j^gp^ Qjj gjg ijj ^jjg manner provided by section twenty-eight. 

Op. A. G. (1918) 6. 
[Penalty, 5 88.] 



Licenses to 
druggists. 
1887, 431, § 1. 
1896, 397, § 10. 
1900, 106. 
R L. 100, § 22. 
1902, 327, § 1. 
1908, 525, § 3. 
1910, 172, § 1. 
1913, 410, § 2. 
1915, 200, 5 1. 

1918, 257, 
§ 291. 

1919, 5. 

1920, 2. 

155 Mass. 273. 
225 Mass. 104. 



Section 26. No license for the sale of spirituous or intoxicating 1 
liquor, except of the third class, shall be granted to retail druggists. One 2 
or more licenses of the third class may be granted annually by the li- 3 
censing authorities of a city or town to retail druggists who are regis- 4 
tered pharmacists actively engaged in business on their own account, 5 
or on the account of the widow, executor or administrator of a deceased 6 
registered pharmacist, or of the wife of one who has become incapacitated, 7 
upon presentation to said authorities of the certificate prescribed by the S 
following section, if it appears that the applicant is a proper person to 9 
receive such license, and is not disqualified to receive it under the provi- 10 
sions of section eighty-four. A registered pharmacist who owns stock 11 
of the actual value of at least five hundred dollars in a corporation 12 
which has been incorporated for the purpose of carrying on the drug 13 
business, and who conducts in person the business of a store of such 14 
corporation, shall be considered as actively engaged in business on his 15 
own account and as qualified to receive a license for such store. The Ifi 
licensing authorities may refuse to grant any and all such licenses. 17 



Certificate 
fitness for 
license. 
1889, 270. 
1894,. 435. 
1896, 397, 
R. L. 100, 

1906, 281, 

1907, 308. 
1909, 261, 
1913,413, 



§ 11. 
§23, 
§2. 



Section 27. The board of registration in pharmacy may, upon the 1 
payment of a fee of not more than five dollars by an applicant for a 2 
license of the third class, issue to him a certificate of fitness, which shall 3 
not be valid after one year from its date, stating that in the judgment of 4 
said board he is a proper person to be intrusted with such license and 5 
that the public good will be promoted by the granting thereof. The 6 
board and the licensing authorities of the cities and towns mentioned 7 
in the following section may, after giving a hearing to the parties inter- 8 
ested, revoke or suspend such certificate for any cause which they may 9 
deem proper, and such revocation or suspension shall revoke or suspend 10 
the third class license granted thereon. 11 



C'h.M'. 138.] INTOXICATING LIQUORS, ETC. 1691 

1 Section 2S. In any city or town where licenses of the first two classes Saie of aicohoi 

2 are not granted, registered i)liarniacists to whom a certificate of fitness ^i'guiated'.'"^'*"^ 

3 has been issued as provided hy the preceding section may sell pure {iJij; 4,3; * '■ 

4 alcohol and intoxicating liquors or certain non-intoxicating beverages ,'^.,-j 233 

5 upon the prescription of a registered physician practicing in such city op. a. G.' 
() or town, provided that the prescription is dated, contains the name of rp^naities 

7 the person prescribed for, and is signed by the physician. All such pre- §§87, ss.j 

8 scriptions shall be retained and kept on file in a separate book by the 

9 pharmacist filling the same, and shall not be filled a second time. Such 
Id prescription book shall be open at all times to the inspection provided 
11 by section thirty-two. 

1 Section 29. A license of the third class shall become null and void prugEistV 

a • 1 1 •!' 1 • 1 1 • I • license to be- 

2 Without any process or decree, it the registered pharmacist to whom it come void in 

3 has been granted ceases to conduct his business in person and on his i89.3,'47'2rT5. 

4 own account, or upon the revocation of his certificate of registration as r.^l. loo", 1 2! 

5 a pharmacist, unless the registered pharmacist has been unable to so 

6 conduct his business or has died, and his business is continued by his wife, 

7 widow, executor or administrator under another registered pharmacist. 

1 Section 30. [Repealed, 1923, 233, § 4.] 
1 Section 31. [Repealed, 1923, 233, § 4.] 

1 Section 32. All prescriptions referred to in sections twenty-five Books, etc., 

2 and twenty-eight and the book provided for in section forty-one shall hSiTectlon. 

3 at all times be open to the inspection of the board of registration in a^|; le,^ § le.' 

4 pharmacy, the licensing board in cities having such boards and in all Jfyl' l^f * ^^• 

5 other cities and towns, to the inspection of the aldermen, selectmen, p^I'^toII' 

6 boards of public welfare, sheriffs, constables, police oflScers and justices 'ss^. 431', 5 *._ 

1^ p .1 1896, 397, § 15. 

I 01 the peace. 

1897, 398. S 4. 1919. 5. 1923, 233, § 5. 

R. L. 100, 8 27. 1920, 2. 1931, 394. 5 133. 

1918, 257, § 341. 

[Penalties, §5 84, 87.) 

1 Section 33. A person, not a registered pharmacist, who procures Penalty for 

2 a third class license for the sale of intoxicating liquors in the name of in name'cf""^ 

3 a registered pharmacist who is dead, or in the name of a registered itgs"^''?™'^ 4 

4 pharmacist by borrowing, hiring or purchasing the use of his certificate, ^^^l' ]^' | ig 

5 and, being himself the owner or manager of the place, personally or by 

6 his servants sells intoxicating liquor, shall be punished by a fine of not 

7 less than fifty nor more than five hundred dollars and by imprisonment 

8 for not less than one nor more than six months. Section eleven of 

9 chapter two hundred and seventy-nine shall not apply to a conviction 
10 under this section. 

sale of wood alcohol. 

1 Section 34. No person other than a registered druggist shall engage Manufacture. 

2 in the business of manufacturing, buying, selling or dealing in methyl wo^'^afcoiJoi, 

3 alcohol, or wood alcohol, so called, or denatured alcohol, or any prepa- ucens^'by""' 

4 ration used for manufacturing or commercial purposes which contains °e^"tor'id" 

5 more than three per cent of any of the said alcohols and is intended for f^j'jfidden 

6 use other than as a beverage, without being licen.sed so to do by the I9i9. 360.§i. 

7 board of health of the town where the business is conducted. 



1692 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



Licenses to 
manufacture, 
sell, etc., wood 
alcohol, etc. 
1919, 360, § 2, 



Section 35. The board of health of each town may issue Heenses 1 

under the preceding section, upon the payment of a fee of one dollar, to 2 

such persons as it shall find to be properly qualified to carry on the said 3 

business. The licenses shall expire on April thirtieth of each year, and 4 

may at any time be suspended or revoked, for cause, by the board. The 5 

board shall keep a record of all such licenses. 6 



Form of label 
on containers 
of wood 
alcohol, etc. 
Penalty. 
1905, 220, § 1. 
1910,541, § 1. 

1919, 360, § 3. 

1920, 185. 



Section 36. Every barrel or keg containing methyl alcohol or wood 1 
alcohol, so called, or denatured alcohol containing methyl alcohol, or 2 
any drug or medicine intended for external use containing methyl alco- 3 
hoi, shall bear in capital letters not less than three fourths nor more than 4 
one and one half inches in height, stencilled thereon or printed upon a 5 
label affixed thereto, the words "POISON, NOT FOR INTERNAL 6 
USE". Every other container of any such alcohol, drug or medicine 7 
shall bear a label of white paper on which shall be printed in red capital 8 
letters not less than one fourth of an inch in height, the words " DEADLY 9 
POISON", the name and place of business of the vendor, and the state- 10 
ment that he is a registered druggist or the number of his license under 1 1 
the two preceding sections, and, in legible type, the words "NOT FOR 12 
INTERNAL USE, CAUSES BLINDNESS. KEEP FROM THE 13 
EYES". Whoever, himself or by his servant or agent, sells, exchanges 14 
or delivers any such alcohol, drug or medicine in any container not con- 15 
forming to this section shall be punished by a fine of not less than fifty 16 
nor more than two hundred dollars. 1" 



Offence of 
unlawful sale 
of wood 
alcohol, etc. 
1919, 360, § 4. 
1927, 169. 



Section 37. The sale of methyl alcohol, wood alcohol, so called, 
denatured alcohol, or any preparation containing alcohol as described 
in section thirty-four, by a person not licensed as required by sections 
thirty-four and thirty-five, or by a licensee to a person under sixteen 
jears of age or to any person without reasonable investigation and in- 
quiry to determine that the same is not to be used for drinking purposes, 
shall constitute the offence of unlawful sale of alcohol and may be de- 
scribed as such in any complaint or indictment without more; but a 
person so charged shall be entitled to a bill of particulars in accordance 
with section forty of chapter two hundred and seventy-seven. 



1 
2 

3 
4 
5 
6 

7 

8 

9 

10 



Penalty. 
1919, 360, I 5. 



Section 38. Except as otherwise provided in section thirty-six, vio- 
lation of any provision of sections thirty-four to thirty-seven, inclusive, 
shall be punished by a fine of not more than one hundred dollars or by 
imprisonment in the house of correction for a term not exceeding six 
months, or both. 



Licenses to 
dealers in 
paints, etc. 
1897, 398, § 1. 
R. L. 100, § 30. 



licenses to dealers in paints and chemicals. 

Section 39. The licensing authorities of a city or town may annu- 
ally grant a license of the fifth class, for the sale of pure alcohol for 
mechanical, manufacturing or chemical purposes only, to a dealer in 
paints or in chemicals who applies therefor, if it appears that the appli- 
cant is a proper person to receive such license and that he is actually 
carrying on business as a dealer in paints or chemicals. 



Section 40. 



A license of the fifth class shall become null and void 1 

2 
3 



License to be- 

ceHain cases, without anv proccss Or decree if the licensee ceases to carry on the 

1897,398, § 2. , . / 1 ^■ ■ ■ ^ U • 1 

R. L 100, § 31. business of dealing in paints or chemicals. 



Chap. 1;5S.] int<jxratix(; liquors, etc. 1693 

1 Sectio.V 41. Every dealer in paints or eiieniicals to whom such Record book 

2 license is granted shall keep a book in which he shall enter, at the time is97*398, §3. 
:] of every sale of alcohol, the date thereof, the name and residence of the '*; '' ^^' \^~' 
4 purchaser, his residence by street and number, if any, the quantity and !• or'prm'is.ona 
.") price of the alcohol sold, and the purpose for which it is to be used, "ee's 32^"^"°" 
G Said book shall be in form substantially as follows: 



Date. 



Name of 
Purchaser. 



Residence, giving 

Street and Number, 

if Any. 



Quantity. 



Price. 



Purpose of 

Use. 



1 Section 42. All persons holding licenses to sell intoxicating liquors Refining of 

2 shall, immediately upon the emptying, within the limits of the licensed I'giT.'^^uo, 

3 premises, of the original contents of a bottle containing liquors other ^^^^-■ 

4 than malt liquors, and before refilling the same, destroy all labels or '^*"^"*' 5 so.l 

5 printed marks thereon. There shall not thereafter be placed on such 
G bottles any label or printed mark so similar to the original as to promote 

7 fraud or deceit, or as to be likely to be mistaken for the original label or 

8 mark. This section shall not be construed to prohibit the lawful refilling 

9 of such bottles with liquors true to label by the persons entitled to use 
10 the original label or mark or their agents. 



BONDS .\ND TR.VNSFERS OF LICENSES. 

1 Section 4.3. A license shall not be issued until the license fee has 

2 been paid to the treasurer of the city or town by which it is to be issued, 

3 nor until he has received, except as to third class licenses, a satisfactory 

4 bond, payable to him as such treasurer, in the sum of five hundred dollars, 

5 signed by the licensee and sufficient surety or sureties, who shall be 
G jointly and severally liable, and conditioned for the payment of all costs, 

7 damages and fines which may be incurred by a violation of the provisions 

8 of this chapter. Separate actions may be brought on such bond by any 

9 person at his own expense. Such bond, after approval, shall be filed in 

10 the office of the city or town clerk, and a certified copy thereof shall be 

11 admissible in evidence. No such bond shall be accepted or approved 

12 until each surety has made and subscribed a statement under oath 

13 that he is worth not less than one thousand dollars over and above all 

14 liabilities and indebtedness, and the statement so made shall designate 

15 sufficient property, real or personal, to cover the requirement of the bond 
IG and shall be kept on file with the bond. The bond may be in the follow- 
17 ing form: 

KNOW ALL MEN BY THESE PRESENTS, that we, A. B.,of 
as principal, and C. D. and E. F. of , as sureties, are held and firmly 

bound unto the treasurer of the city for town) of , in the sum of 

five hundred dollars, to which payment well and truly to be made we bind 
ourselves and our legal representatives. 

Sealed with our seals this day of , A.D. 19 

The condition of this obligation is such, that whereas the above bounden 
A. B. has this day been licensed by license No. , by the alder- 

men (board of pohce or hcensing board) of the city of (or the selectmen of the 
town of) , in the county of , now if the said A. B. 

shall well and truly comply with all the provisions of law, then this bond shall 
be void; but otherwise in force. 

E.xecutcd in presence of 



Payment of fee, 
and bond. 
1875, 99, § 9. 
P. S. 100, i 13. 
1882, 259, 5 2. 
1885, 83; 
323, § 2. 
1888, 283. 
1894, 428, § 4. 
R. L. 100, § 42. 
1920, 630, § 17. 
1923, 291. 
127 Mass. 497. 
157 Mass. 333. 
177 Mass. 197. 
213 Mass. 271. 
217 Mass. .507. 
221 Mass. 395. 
259 Mass. 310. 



1694 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



1920, 630, § 18. 



oJTbond Section 44. No person, except a corporation organized for the pur- 1 

1896' 169 P°^^ '^^ acting as surety on bonds and duly qualified to do business in the 2 

R. l! lob; § 43. commonwealth, shall be accepted as surety upon more than ten bonds 3 

which may be given under the preceding section. Each surety, except as 4 

aforesaid, shall make a written statement, under oath, that he is not a 5 

surety upon more than nine other bonds given under said section, and 6 

such statement shall be kept on file with the bond. 7 



Transfer of 
licenses. 
1889, 344. 
R. L. 100, § 44. 
1920, 630, § 19. 



Section 45. Licensing authorities may transfer licenses from one 1 

location to another within the city or town in which such licenses are in 2 

force; but such transfer shall be granted only to the original licensee, 3 

and like notice shall be given, the same provisions shall apply, and other 4 

proceedings shall be the same as are required upon the granting of li- 5 

censes, except that no new license fee shall be required. 6 



One quarter of 
fees to be paid 
to common- 
wealth. 
Penalty. 
1868, 141, § 12. 
1875, 99. § 10. 
P. S. 100. § 14. 

1897. 233. 

1898, 361. 

R. L. 100, § 45. 
1920, 630, § 20. 



Section 46. The treasurer of a city or town shall, within thirty days 
after the receipt of money for licenses of the first, second and fourth 
classes, make a return of the amount thereof to the state treasurer and 
at the same time shall pay to him one fourth of the amount so received, 
and for neglect thereof he shall pay interest at the rate of six per cent 
per annum on the amount of such receipts from the time they become 
due until they are paid. 

213 Mass. 271. 221 Mass. 393. Op. A. G. (1919) 118. 



Entry on 
licensed 
premises for 
examination 
and taking 
samples. 
1868, 141, § 14. 
1875,99, § 11. 
P. S. 100, § 15. 
R. L. 100, 8 46. 
1920. 630, § 21. 
126 Mass. 269. 



PENALTIES FOR ILLEGAL S.^.LE. SEIZURE. CIVIL D.\MAGES. 

Section 47. The licensing board of a city, the selectmen of a town, 1 

or any police officer or constable specially authorized by either of them, 2 

may at any time enter upon the premises of a person who is licensed under 3 

this chapter, to ascertain the manner in which such person conducts his 4 

business and to preserve order. Such police officer or constable may at 5 

any time take samples for analysis from any liquors kept on such prem- 6 

ises, and the vessel or vessels containing such samples shall be sealed on 7 

the premises by the seal of the vendor, and shall remain so sealed until 8 

presented to the department of public health for analysis and duplicate 9 

samples shall be left with the dealer. 10 



Forfeitiire 
of license. 
Effect. 
1868, 141, 
§§9, 19. 
1875, 99, 
§§ 12, 20. 
1878, 244, § 2. 
P. S. 100, § 16. 
1885, 323, § 2. 
1894, 428, § 4. 
R. L. 100, § 47. 
1908, 108. 
1920, 630. § 22. 
119 Mass. 109. 
128 Mass. 76. 
145 Mass. 216. 
163 Mass. 470. 



Section 48. The licensing board, after notice to the licensee and 
reasonable opportunity for him to be heard bj- them or by a committee 
of the aldermen or by the selectmen, if the license was granted by them, 
may declare his license forfeited, or may suspend his license for such 
period of time as they may deem proper, upon satisfactory proof that 
he has violated or permitted a violation of any condition thereof, or 
any law of the commonwealth. If the license is declared to have been 
forfeited, the licensee shall be disqualified to receive a license for one 8 
year after the expiration of the term of the license so forfeited, and if he is 9 
the owner of the premises described in such forfeited license, no license 10 
shall be issued to be exercised on said premises for the residue of the 11 
term thereof. 12 



Civil liability Section 49. A Wife, husbaud, child, parent, guardian, conservator, 1 

for damages ,...,.' '^ r t 

caused by an employer or other person who is injured in person, property or means ot 2 

person. support bv an intoxicated person, or in consequence of the intoxication, 3 

G. s.'se, § 39. ' habitual or otherwise, of any person, shall have a right of action in his 4 



Chap. 138.] intoxic.\ting liquors, etc. 1695 

5 own name, jointly or severally, against any person who, hy selling or 1869, 4i5. { 4i. 
• i giving intoxicating li(juor, has caused in whole or in part .such intoxica- istb! 297, 5 1'. 

7 tion; and any person who owns, rents, leases, or permits the occupation 256?u.^' ^*' 

8 of any building or premises, and has knowledge that intoxicating liquor fj 2i,'23'. 

(( is to he sold therein, or who, having leased the same for other purf)oses, {^g ','■ l^' ' ^** 

10 knowingly permits therein the sale of intoxicating liquor, shall, if any 130 Mass. 1 58. 

11 such liquor sold or given therein causes in whole or in part the intoxi- 132 Mass. 567. 

12 cation of a person, be liable jointly or severally with the person who i47Ma8s:409. 
K5 sells or gives intoxicating liquor as aforesaid, for all damages sustained; IrlJi m!1||; 21^' 
14 and the same may be recovered in an action of tort; but a lessor of n'y Mass' 473' 
\o real estate shall not be liable for such damages if the occupant holds a .' ■51! M"^* •'*' 

IP,.. , . , , . 203 Mass. 37. 

l(i license for the sale 01 such liquor. A married woman may bring such 217 Mass. 597. 

17 action in her own name, and all damages recovered by her shall enure - ' ^- • 

18 to her separate use; and all damages recovered by a minor shall be 

19 paid either to such minor, or to such person in trust for him, and on 
2U such terms, as the court may order. Upon the death of either party, 

21 the action and right of action shall survive to or against his executor 

22 or administrator. The party injured or his legal representative may 

23 bring either a joint action against the person intoxicated and the person 

24 who furnished the liquor, or a separate action against either. 

1 Section 50. An owner or lessor of real estate who pays money on Action by 

2 account of his liability incurred under the preceding section for an act nroney'for'"* 

3 of his tenant may, in an action of contract, recover of such tenant the i|79"297, 53. 

4 money so paid. 

p. S. 100, § 22. R. L. 100. 5 59. 

1 Section 51. Whoever employs a minor under eighteen in handling Penalty for 

2 intoxicating liquors or packages containing such liquors in a brewery mi'nor under 

3 or bottling establishment in which such liquors are prepared for sale or tJfhlndie 

4 offered for sale shall be punished by a fine of not less than fifty dollars i'ggg'^iis 

5 or by imprisonment for not less than three months, or both. R- l. 100, § ei. 

1 Section 52. WTioever, personally or by his agent or servant, sells Penalty for 

2 or gives intoxicating liquors to a minor, either for his own use, the use n^uorlo^ 

3 of his parent or of any other person, or allows a minor to loiter upon the ^se.'^es, § 7. 

4 premises where such sales are made, shall forfeit one hundred dollars JI3?' i66S"i2. 

5 for each offence, to be recovered bv the parent or guardian of such minor ^-Ji- -^l; ^}\- 

^ • ■ p 4 • i* * I • IT* • 1 11 T 1868, 141, § U. 

fa in an action 01 tort. Actions tor penalties under this section shall be i875. 99, 5 1^5. 
7 commenced within two years after the offence has been committed. 

1889, 390, § 1. 130 Mass. 167. 207 Mass. 21. 

R. L, 100, § 62. 145 Mass. 311. 217 Mass. 507. 

124 Mass. 277, 578. 171 Mass. 250. 235 Mass. 559. 

[Druggists excepted, § 85.) 

1 Section 53. No minor seventeen years of age or over shall make a Penalty for 

2 false statement as to his age in order to procure a sale or delivery of in- menVo?a'gc 

3 toxicating liquor, either for his own use or for the use of another. No p"ocii"u<iuor. 

4 person shall knowingly make a false statement as to the age of a minor i^'-' ^^^- * '• 

5 in order to procure a sale or delivery of intoxicating liquor to such minor, 

6 either for the use of the minor or for the use of some other person, or 

7 induce a minor to make a false .statement as to his age in order to procure 

8 a sale or delivery of intoxicating liquor to such minor. Whoever violates 

9 this section shall be punished by a fine of not less than ten nor more than 
10 one hundred dollars. 



1696 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



Analysis of 

liquor. 

1869, 415, § 25. 

1872, 266, § 2. 

1875, 99, § 21. 

1878, 244. § 2. 

1879, 278, § 1. 
P. S. 100, § 29. 
1882. 221, § 1. 
R. L. 100, § 67. 

1902, no. 

1914,792, § 1. 

1919, 350, § 96. 

1920, 29. 

1921, 495. 

1922, 22. 

245 Mass. 405. 
259 Mass. 109. 



Section 54. The analyst or assistant analyst of the department of 1 
public health shall upon request make, free of charge, an analysis of all 2 
liquors sent to it by the licensing board of any city, the selectmen of 3 
any town, or by police officers or other officers authorized by law to make 4 
seizures of liquors, if the department is satisfied that the analysis re- 5 
quested is to be used in connection with the enforcement of the laws of 6 
the commonwealth. The said department shall return to such licensing 7 
board, selectmen, police or other officers, as soon as may be, a certifi- 8 
cate, signed by the analyst or assistant analyst making such analysis, 9 
of the percentage of alcohol by weight at sixty degrees Fahrenheit 10 
which such samples of liquor contain. Such certificate shall be prima 11 
facie evidence of the composition and quality of the liquors to which it 12 
relates, and the court may take judicial notice of the signature of the 13 
analyst or the assistant analyst, and of the fact that he is such. 14 



SfJomptny*" SECTION 55. A Certificate shall accompany each sample of liquor 
i882''22i § ■> ^^"t ^^■' analysis by an officer to the department of public health stating 
K- l'. 100, § 68. by whom the liquor was seized, the date of the seizure and the name and 
1914! 792^ § 1. residence of the officer who seized said liquor. Said department shall 
147 Mass! 444.' notc upon said certificate the date of the receipt and the analysis of said 
2d9 Mass. 109. ]jquQj.g ^nd the percentage of the alcohol, as required by the preceding 
section. Said certificate may be in the following form : 



City of 



(or Town of) 



19 



taken from liquors 



To the Department of Public Health. 

Sirs : — I send you herewith a sample of 
seized by me (date) 19 . 

Ascertain the percentage of alcohol it contains, by weight, at sixty degrees 
Fahrenheit, and return to me a certificate herewith upon the annexed form. 

Constable of 
Police officer of 



Commonwealth of Massachusetts. 

Depabt.ment of Public He.\lth, 



Boston, 



19 



This is to certify that the received by this Department with the 

above statement and analyzed by me contains per cent of alcohol, 

by weight, at sixty degrees Fahrenheit. 

Received 19 . 

Analysis made 19 . 

Department of Public !Health, 

By 



Analyst. 



to'provide'"^ SECTION 56. The State secretary shall pro\-ide and cause officers to 
Certfficatet '"'^ Supplied witli a suitable number of the forms prescribed by the pre- 
be evidence ceding scctiou. The certificate of the department of public health, given 
R. l! loo! § 69. substantially in the form hereinbefore set forth, shall be admitted as 
evidence on trials for the forfeiture of intoxicating liquors as to the com- 
position and quality of the liquors to which it relates. 



1 
2 

3 
4 
5 
6 



wfth samples SECTION 57. No pcrsoH shall tamper with samples of liquor taken as 1 
i882,''22",' 5 4. provided in section forty-seven or alter the statements made upon the 2 



R. L. 100, § 70. forms or certificates aforesaid. 



[Penalty, § 87.] 



ClUP. 138.] DJTOXICATING LIQUORS, ETC. 1697 

1 Section 5S. Any court or trial justice may cause liquors which have Court may 

2 been seized under this chapter to be analyzed by a competent chemist, issl^ 22?.'^m.' 

and the reasonable expense thereof, including a fee of not more than '^ ^ ^^' * ^^' 

4 five dollars for each analysis, shall be taxed, allowed and paid like other 

5 expenses in criminal cases. 

1 Section 59. The delivery of intoxicating liquor in or from a building, Delivery of 

2 booth, stand or other place, except a private dwelling house, or in or fac^eovidlmis 

3 from a private dwelling house if any part thereof or its dependencies is tlhrilics''" 

4 used as an inn, eatins;; house or shop of anv kind, or other place of com- r?''i'' ?P', i?*- 

1 1 T- ■ • 1 1 '■ -1 e. .S. 86. § 33. 

5 mon resort, such delnery in cither case being to a person not a resident '^'j^. I'll. | 20. 

6 therein, shall be prima facie evidence that such delivery is a sale. 

1875. 99, § 17. 14 Gray, 47. 231 Mass. 65. 

P. S. 100. § 26. 7 Allen, 528. 246 Mass. 464. 

R. L. 100, § 64. 103 Mass. 58. 252 Mass. 44. 

12 Gray, 127. 219 Mass. 37. 

1 Section 60. If any placard, sign or advertisement is exposed from, signs prima 

2 maintained in or permitted to remain upon any vehicle, shop, stand, oiTeepLs%r 

3 tenement, or any place of common resort, purporting or designed to ctics" '^''"^"' 

4 announce the keeping in or upon said vehicle or any of said premises of J^^^' too' I Is 

5 spirituous or intoxicating liquors, except in drug stores, it shall be prima 

6 facie evidence that such liquors are kept in or upon such vehicle or 

7 premises for sale. 

1 Section- 61. If two persons of full age make complaint to a district Search 

2 court or trial justice that they have reason to believe and do believe that is.52, 322, § 14. 

3 spirituous or intoxicating liquor, described in the complaint, is kept or cPI.' se, 1 42. ' 

4 deposited by a person named therein in a store, shop, warehouse, build- li^'eitel; 1 1*' 

5 ing, vehicle, steamboat, vessel or place, and is intended for sale contrary JIjI' 305' 59 

6 to law, such court or justice, if it appears that there is probable cause }';•''. \^: 5 so. 

>- I ,. .1 1 . , in- 1 lbS4, 191; 286. 

/ to believe said complaint to be true, shall issue a search warrant to a iss7. 406, §1. 

8 sheriff, deputy sheriff', city marshal, chief of police, deputy chief of 1897! 487i § 2. 

9 police, deputy marshal, police officer or constable, commanding him to i2Cuih°'i87."' 

10 search the premises in which it is alleged that such liquor is deposited, g ^ilen, lit'. 

11 and to seize such liquor, the vessels in which it is contained and all im- {oi Mass 595' 

12 plements of sale and furniture used or kept and provided to be used in [o^ '^"^^ ^se. 

13 the illegal keeping or sale of such liquor, and securely keep the same 11.3 Mass. 13. ' 

14 until final action thereon, and return the warrant with his doings 145.' ^^ 
1.5 thereon, as soon as may be, to a court or trial justice having jurisdic- 342.' "^^^ ' 
16 tion in the place in which such liquor is alleged to be kept or deposited. UI mSI. s.'le. 

130 Mass. 29. 145 Mass. 182. 203 Mass. 585. 

135 Mass. 519. 150 Mass. 164. 253 Mass. 581. 

140 Mass. 287. 162 Mass. 215. 258 Mass. 103. 

1 Section 62. A warrant shall not be issued for the search of a dwell- ^<^"^]^ »' 

_ . , .„ . , , ,. dwelling house. 

2 mg house, it no tavern, store, grocery, eating house or place of common i852. 322, § 14. 

3 resort is kept therein, unless one of the complainants makes oath that he g. s.'sa, '§ 43. ' 

4 has reason to believe and does believe that such liquor has been sold Isro! 162! 5 2. ' 

5 therein or taken therefrom for the purpo.se of being sold by the occupant, R.'L.\a),\%. 

6 or by his consent or permission, contrary to law, within one month next "i An^n.^II; 

7 before making such complaint, and is then kept therein for sale con- ^I'H^^- 3?i; 

_, 1 1 1 1 • 1 . ~, 1 . '"■' Miiss. 181, 

trary to law by the person complained against, buch complainant shall :isi. 595. 
9 state the facts and circumstances on which such belief is founded, and 11b Mass.' 182. 
10 such allegations shall be recited in the complaint and warrant. 

116 .Mass. 27. 122 Mass. 14. 142 Mass. 470. 258 Mass. 103. 



1698 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



Designation of 


place to be 


searched. 




1855, 215. 


§25. 


G. S. 86. ! 


i44. 


1869, 41.5, 


§ 46. 


1876, 162, 


§3. 


P. S. 100. 


§32. 


R. L. 100. 


§74. 


97 Mass. 334. 


105 Mass. 


178. 


108 Mass. 


290. 


109 Mass. 


371. 


110 Mass. 


182, 


499. 




113 Mass. 


13, 


208, 455. 




116 Mass. 


342. 


Search of 




premises and 


seizure of 




liquor. 




1852, 322, 


§ 14. 


1855, 215. 


§25. 


G. S. 86, ! 


S45. 


1869, 415, 


§47. 


1876, 162, 


§4. 


P. S. 100, 


§33. 


1887, 406, 


§2. 


1888, 297. 




R. L. 100, 


§75. 


Search and 


seizure in 




dwelling with- 


out search 




warrant 




penalized. 




1931, 359. 




Notice to 




keeper of 




liquors seized. 


1852, 322, 


§ 14. 


1855, 215, 


§ 26. 


G. S. 86, 1 


S46. 


1869, 415, 


§48. 


1876, 162, 


§5. 


P. S. 100. 


§34. 


R. L. 100, 


§76. 


1909, 154. 


§1. 


13 Allen, 561. 


97 Mass. 601. 


258 Mass. 


103. 



Section 63. The complaint shall particularly designate the building, 1 

structure and place to be searched, the liquor to be seized, the person by 2 

whom it is owned, kept or possessed and intended for sale, and shall allege 3 

the intent of such person to sell the same contrary to law. The warrant 4 

shall allege that probable cause has been shown for the issuing thereof; 5 

and the place to be searched, the liquor to be seized, and the person be- 6 

lieved to be the owner, possessor, or keeper of such liquor, intending to 7 

sell the same contrary to law, shall be designated therein with the same 8 

particularity as in the complaint and the complainants shall be sum- 9 

moned to appear as witnesses. 10 

146 Mass. 509. 163 Mass. 42. 253 Mass. 581. 258 Mass. 103. 

Section 64. The officer to whom the warrant is committed shall 1 

search the premises and seize the liquor described in the warrant, the 2 

casks or other vessels in which it is contained, and all implements of sale 3 

and furniture used or kept and provided to be used in the illegal keeping 4 

or sale of such liquor, if they are found in or upon said premises, and 5 

shall convey the same to some place of security, where he shall keep the 6 

liquor and vessels until final action is had thereon. 7 

188 Mass. 399. 253 Mass. 581. 258 Mass. 103. 

Section 64A. A sheriff, deputy sheriff, city marshal, chief of police, 1 

deputy chief of police, deputy or assistant marshal, police officer or con- 2 

stable who, without a search warrant duly committed to him, searches 3 

for or seizes intoxicating liquor in a dwelling shall be punished by a fine 4 

of not less than five nor more than fifty dollars. 5 

Section 65. If, in the opinion of the court or trial justice before 1 

whom the warrant is returned, the value of the liquor seized and the 2 

vessels containing it does not exceed one thousand dollars, a notice, 3 

under seal, and signed by the justice or the clerk of said court, or by the 4 

trial justice, shall be issued within twenty-four hours after such seizure, 5 

commanding the person complained against as the keeper of the liquor 6 

seized and all other persons who claim any interest therein or in the 7 

casks or vessels containing the same to appear before said court or trial 8 

justice, at a time and place therein named, to answer to said complaint 9 

and show cause why such liquor and the vessels containing it should not 10 

be forfeited. 11 



Form and 
service of 
netice. 

1855, 215, § 26. 
G. S. 86. § 47. 
1869, 415, § 49. 
1873, 328. 
1876, 162, § 6. 
P. S. 100, § 35. 
R. L. 100, § 77. 
6 Allen, 599. 
97 Mass. 334. 
135 Mass. 519. 
146 Mass. 509. 
253 Mass. 581. 
258 Mass. 103. 



Section 66. The notice shall contain a description of the number 1 

and kind of vessels, the quantity and kind of liquor seized, as nearly as 2 

may be, and shall state when and where they were seized. It shall, not 3 

less than fourteen days before the time appointed for the trial, be served 4 

by a sheriff, deputy sheriff, constable or police officer upon the person 5 

charged with being the keeper thereof by leaving an attested copy 6 

thereof with him personally or at his usual place of abode, if he is an 7 

inhabitant of the commonwealth, and by posting an attested copy on 8 

the building in which the liquor was seized, if it was found in a building; 9 

otherwise in a public place in the city or town in which the liquor was 10 

seized. 11 



rf trfa""^"^"* Section 67. If, at the time appointed for trial, said notice has not 1 
G ^1' 86% 48^' "^^^n (^uly served, or other sufficient cause appears, the trial may be post- 2 



CH-^P. loS.] INTOXICATING LIQUORS, ETC. 1699 

3 poned to some other day and place, and such further notice issued as iseo, 415, 5 so. 

4 shall supply any defect in the previous notice; and time and opportunity p. s." loo,' 5 36. 

5 for trial and defence shall be given to persons interested. 

R. L. 100, § 78. 25S Miiss. 103. 

1 Section 68. At the time and place designated in the notice, the per- Claimant of 

2 son complained against, or any person claiming an interest in the liquor .I'dmUtedas " 

3 and vessel seized, or any part thereof, may appear and make his claim .'iu"c^i,ent. 

4 verbally or in writing, and a record of his appearance and claim shall l)e ,^,Jij^t'"r'vch?cUa 
F) made, and he shall be admitted as a party to the trial. Whether a j|'|S''322 14 

6 claim as aforesaid is made or not, the court or trial justice shall proceed 's^j' 215! s 27! 

7 to try, hear and determine the allegations of such complaint, and whether isrV. 415, 5 51. 

8 said liquor and vessels, or any part thereof, are forfeited. If it appears rs^.'/oo/i^It. 

9 that the liquor, or any part thereof, was at the time of making the com- 'nialj; a™; f i^' 

10 plaint owned or kept by the person alleged therein for the purpose of i"^ -Hass' H®' 

11 being sold in violation of law, the court or trial justice shall render Ji^ H'^^- tZij- 

, ^ . , , , I ii-ii- .1 2o8 Mass. 103. 

12 judgment that such and so much of the liquor so seized as was so un- 

13 hiwfully kept, and the vessels in which it is contained, shall, except as 

14 hereinafter provided, be forfeited to the commonwealth. If a motor 
1.") vehicle is seized under the provisions of this chapter and is held to be a 

16 container or im{)lement of sale of liquor contrary to law, the court or 

17 trial justice shall, unless good cause to the contrary is shown, order a 

15 sale of such motor vehicle by public auction and the officer making the 

19 sale, after deducting the expense of keeping the motor vehicle, the fee 

20 for the seizure and the cost of the sale, shall pay all liens, according to 

21 their priorities, which are established, by intervention or otherwise, at 

22 said trial or in other proceedings brought for said purpose, as being bona 

23 fide and as having been created without the lienor having any notice 

24 that such motor vehicle was being used or was to be used as a container 

25 or implement of sale of liquor contrary to law. The balance, if any, of 

26 the proceeds of the sale shall be forfeited to the commonwealth and 

27 shall be paid by said officer into its treasury. All liens against any motor 

28 vehicle sold under the provisions of this section shall be transferred from 

29 said motor vehicle to the proceeds of its sale. 

1 Section 69. Any liquor and vessels so forfeited shall, by authority Disposition of 

2 of the written order of the court or trial justice, be forwarded to the (rqionetc. 

3 commissioner of public safety, who upon receipt of the same shall notify \lif Hf 1 1^- 

4 said court or justice thereof. If, in the judgment of the commissioner, Ci,.^| ^sS^sis 

5 it is for the best interests of the commonwealth that such liquor and 1872,' 304'. 

6 vessels be destroyed, he shall destroy or cause the destruction of such isygisosisa! 

7 liquor and vessels, but if, in his judgment it is for the best interests of fssr/ss'' ^^^' 

8 the commonwealth to sell the same, he shall cause the same to be sold, ^923.329.' ^*°' 

9 or he may deliver such liquor to any department or agency of the com- ^^'^ *^^*- ^''^• 

10 monwealth for medical, mechanical or scientific uses; provided, that such 

11 sale or delivery shall be in accordance with and subject to such federal 

12 laws and regulations as may be applicable. The proceeds of such sales 

13 shall be paid into the treasury of the commonwealth. The officer who 

14 serves said order of the court or justice shall be allowed therefor fifty 

15 cents, but shall not be entitled to receive any traveling fees or mileage on 

16 account of the service thereof. 

1 Section 70. If it is not proved on the trial that all or part of the Liquors not 

2 liquor seized was kept or deposited for sale contrary to law, the court '"tlli^ned."' *"* 



1700 



INTOXICATING LIQUORS, ETC. 



[Chap. 1.38. 



1855, 215. 8 23. 
G. S. 86, § 51. 
1869, 415, § 53. 
1876, 162, § 10. 
P. S. 100, § 39. 
R. L. 100, § 81. 
103 Mass. 454. 
246 Mass. 1. 
258 Mass. 103 



or trial justice shall issue a written order to the officer having the same 3 

in custody to return so much thereof as was not proved to be so kept or 4 

deposited and the vessels in which it is contained, to the place as nearly 5 

as may be from which it was taken, or to deliver it to the person entitled 6 

to receive it. After executinj:; such order, the officer shall return it to the 7 

court or trial justice with his doings endorsed thereon. 8 



Forfeittire of 
furniture, 
etc. Motor 
vehicles. 
1888, 297. 
R. L. 100, § 82. 
1929, 329, § 2. 
258 Mass. 103. 



Section 71. All implements of sale and furniture seized under sec- 1 

tions sixty-one and sixty-four shall be forfeited and disposed of in the 2 

manner provided for the forfeiture and disposition of intoxicating liquors; .3 

but the court or trial justice may, if it is deemed to be for the interest 4 

of the commonwealth, order the destruction or sale of said property 5 

by any officer qualified to serve criminal process and the proceeds of 6 

a sale thereof shall be paid over to the county; and said officer shall 7 

make return of the order for such destruction or sale and his doings 8 

thereon to the court or justice issuing the same. The provisions of this 9 

section shall not apply to a motor vehicle if seized and held to be an im- 10 

plement of sale as aforesaid, but the disposition of such a motor vehicle 11 

shall be governed by the provisions of section sLxty-eight. 12 



Costs. 

1855, 215. § 27. 
G. S. 86. § 52. 
1869, 415, § 54. 
1876. 162, § 11. 
P. S. 100, § 40. 
R. L. 100, § 83 
258 Mass. 103. 



Section 72. If no person appears and is admitted as a party as 1 
aforesaid, or if judgment is rendered in favor of all the claimants who 2 
appear, the cost of the proceedings shall be paid as in other criminal 3 
cases. If only one party appearing fails to sustain his claim, he shall 4 
pay all the costs except the expense of seizing and keeping the liquor, 5 
and an execution shall be issued against him therefor. If judgment 6 
is rendered against two or more claimants of distinct interests in the 7 
liquor, the costs shall, according to the discretion of the court or trial 8 
justice, be apportioned among such parties, and executions shall be 9 
issued against them severally. If such execution is not forthwith paid, 10 
the defendant therein named shall be committed to jail, and shall not 11 
be discharged therefrom until he has paid the same and the costs of 12 
commitment, or until he has been imprisoned thirty days. 13 



Appeal. 
1852, 322 
1855, 215, 
G. S. 86, 

1869, 415 

1870, 242 
1876, 162. 
P. S. 100, 
R. L. 100, 
246 Mass. 
258 Mass. 



5 jg Section 73. A claimant whose claim is not allowed as aforesaid, 
,§.29- and the person complained against, shall each have the same right of 
55. appeal to the superior court as if he had been convicted of crime; but 
before his appeal is allowed he shall recognize to the commonwealth in 
\ 84. the sum of two hundred dollars, with sufficient surety or sureties, to 
' prosecute his appeal to the superior court and to abide the sentence of 
the court thereon. Upon such appeal, any question of fact shall be tried 
by a jury. On the judgment of the court after verdict, whether a for- 
feiture of the whole or any part of the liquor and vessels seized, or 
otherwise, similar proceedings shall be had as are directed in the five 
preceding sections. 



§ 12 



103. 



Superior 
court to have 
jurisdiction 
when liquors 
worth more 
than one 
thousand 
dollars. 

1855, 215, § 30. 
G. S. 86, § 54. 
1869. 415, § 56. 
1876. 162. § 13. 
P. S. 100, § 42. 
R. L. 100, § 85. 
1909, 154, § 2. 



Section 74. If, in the opinion of the court or trial justice before 
whom a warrant under which liquor has been seized is returnable, the 
value of the liquor seized with the vessels containing it exceeds one 
thousand dollars, a notice shall be issued and served as directed in 
sections sixty-five and sixty-six, except that it shall be made return- 
able to the sitting of the superior court for criminal business to be held 
in the county next after the expiration of fourteen days from the time 
of issuing the notice. The superior court shall have jurisdiction of the 



1 

2 

•1 
o 

4 

5 

6 

7 

8 

9 

10 

11 

1 
2 

3 
4 
5 
6 

7 



Chap. 138.] ixtoxicatixc LigruRs, etc. 1701 

9 case, and may proceed thei-fiii in the manner directed in sections sixty- i3 Alien, sei. 

10 seven to seventy, inclusive, and seventy-two, as nearly as ina\- be, and iioMas8li72; 

11 with the jury, upon any issue of facts presented by the claimant or ^^'^ ^'^' ^°^" 

12 directed by the court. 



1 Section 75. A mavor, alderman, selec'tman, deputy sheriff, chief of An-pst without 

1 • 1 1 • !■ !•' I • • 1 1 1 * warrant in 

L' police, deputy cluet ot police, cit>' marshal, deputy or assistant marshal, certain cases. 

police officer or constable, in his city or town, or, in the county of Dukes g. s.'se, 5 55. ' 

4 or Nantucket, the sheriff anjTvhere within his county, may without a llil'. icI; 5 il: 

5 warrant arrest any person whom he finds in the act of illegally selling, Isygisolill: 
() transporting, distributing or dclixcring intoxicating liquor, and seize the }{ ^ ^^ \gg 

7 litpior, vessels and implements of sale in the possession of such person, J™,'!??' 

8 and detain them until warrants can be procured against such person, iraVay, ses. 

9 and for the seizure of said liquor, vessels and implements, under this 193 mYs's. 280. 

10 chapter. Such officers shall enforce or cause to be enforced the penalties "''^ ^^^^' *°*' 

11 provided by law against every person who is guilty of a violation of any 

12 law relative to the sale of intoxicating liquor of which they can obtain 

13 reasonable proof. 

1 Section 76. [Repealed, 1920, 108, § 2.] 

1 Section 77. A complaint or indictment for the violation of any Disposition of 

2 provision of law relative to intoxicating liquors shall not, unless the fe'gSiat"ed°° 

3 purposes of justice require such disposition, be placed on file or dis- G.^I'le.^'isl.^" 

4 posed of except by trial and judgment according to the regular course }|^|' 'fff | ^q 

5 of criminal proceedings. It shall be otherwise disposed of only upon JSp'pn^'- 

motion in writing stating specifically the reasons therefor and verified R- l' 100', § 55. 

7 by affidavit if facts are relied on. If the court or magistrate certifies in 

8 writing that he is satisfied that the cause relied on exists and that the 

9 interests of public justice require the allowance thereof, such motion 
10 shall be allowed and said certificate shall be filed in the case. 

1 Section 78. Upon the conviction of a holder of a license for the Licensing 

2 sale of intoxicating liquors of the violation of any law relative to the be'not"fie'd '? 

3 business he is licensed to pursue, the court in which or the magistrate issol'^ai™' 

4 before whom he has been convicted shall send to the authorities which E '^ '."nn^'-K 

issued the license a certificate under seal, showing the tmae and place of 

6 such conviction. 

1 Section 79. Upon the conviction of a person of the illegal keeping Owner of 

2 or sale of intoxicating liquor, the court or magistrate by whom he has notifiMUf°''° 

3 been convicted shall issue and cause to be served upon the owner of the is7fi,"'ifi2°§ le. 

4 building, or agent of such owner in charge of the building, used for such h l'iooS^s? 

5 illegal keeping or sale, if he resides within the commonwealth and is not '*"'*■ 204! 

6 the person so convicted, a written notice that the tenant of said building 

7 has been convicted as aforesaid; and a return thereof shall be made to 

8 the court or magistrate issuing it. Such notice, so served, shall be 

9 deemed to be due and sufficient notice under section twenty of chapter 
10 one hundred and thirty-nine. 

1 Section SO. The forms heretofore in use may continue to be used p"o™euHon. 

2 in prosecutions under this chapter, and if substantially followed shall be ip|' 397. ^^ 

3 deemed sufficient to fully and plainly, siil)stantially and formally describe I'soV. 415. § 66. 

4 the several offences in each of them set forth, and to authorize the lawful p.s!'ioo"'5 46. ' 



1702 



INTOXICATING LIQUORS, ETC. 



[Chap. 138. 



losVass: 178?' doings of the officers acting by virtue of the warrants issued in sub- 5 

110 Mass. 182. stantial conformity therewith; but this section shall not exclude the use 6 

of other suitable forms. 7 

uieg^Iy kept. Section 81. All intoxicating liquors which are kept for sale con- 1 

nuisanTs""" ^^^^y ^^ '^^ ^^'^ ^^^^ implements and vessels actually used in selling and 2 

1855, 215, § 37. keeping the same are declared to be common nuisances. 3 

G. S. 86, § 60. 1876. 162, § 15. R. L. 100, 5 87. 

1869, 415, § 62. P. S. 100, § 44. 12 Gray, 89. 



Clubs used for 

selling liquor 

common 

nuisances. 

Penalty. 

1881, 226. 

P. S. 100, §45. 

1887, 206. 

R. L. 100, § 88 

1917, 35. 

137 Mass. 564. 

152 Mass. 337. 

167 Mass. 13. 



Section 82. All buildings or places used by clubs for the purpose 1 

of selling, distributing or dispensing intoxicating liquors to their mem- 2 

bers or others shall be deemed common nuisances. Whoe\-er keeps or 3 

maintains, or assists in keeping or maintaining, such a common nuisance, 4 

shall be punished by a fine of not less than fifty nor more than one 5 

hundred dollars and by imprisonment for not less than three nor more 6 

than twelve months. 7 

219 Mass. 37. 



Section 83. V\Tioever, not being duly licensed as provided in this 



Penalty for 
illegal sale. 

n^n-intoxL'at- cliaptcr, sclls, cxposcs or keeps for sale certain non-intoxicating bever- 
ing beverages agcs as defined in section one shall be punished by a fine of not less 
246 Mass! 464.' than fiftv Hor more than five hundred dollars and by imprisonment for 

250 Mass. 211. j. i lu j-U • 4.U ■/ f- 

not less than one nor more than slx months. 



Conviction 
of licensee of 
violation of 
law or of 
conditions of 
license renders 
license void. 

1868, 141, 
§ 18. 

1869, 415, 
§§32,36. 
1875, 99, § 13. 
P. S. 100, § 18. 
1882. 242. § 2. 

1887, 392. 

1888, 254. 

1889, 114; 347. 
1896. 308. 



Section 84. Conviction of a licensee of the violation of any provi- 1 

sion of a license of the first two classes or the fourth or fifth class or of 2 

any provision of this chapter shall render such license void. 3 

Conviction of a holder of a third class license of a violation of any 4 

provision of sections thirty to thirty-two, inclusive, shall render such 5 

license void. 6 

Such licensee shall be disqualified to hold a license for one year after 7 

his conviction, and if he is the owner of the licensed premises, no license 8 

shall be exercised on the premises described in the forfeited license dur- 9 

ing the residue of the term thereof. 10 



1897, 207. § 2; 
271, § 5; 487, § 1. 



R. L. 100. § 53. 
1920, 630, § 24. 



126 Mass. 250. 
156 Mass. 233. 



toappYy^^osafes SECTION 85. The provisions of section fifty-two shall not apply to 1 
onaphysi- salcs bv the holder of a license of the third class if made upon the writ- 2 

Clan s pre- ^ . . „ ..... 

scription. tcH prcscriptiou oi a practicuig physician. 3 

1875, 99, § 2. 1887, 431, § 1. R. L. 100, 

P. S. 100, § 2. 1889, 390, § 2. §§ 25, 62, 63. 

1885, 282, § 1. 1896, 397, § 10. 



General 

penalty. 
1832, 166, 
§15. 
R. S. 47, 
§ 27. 

1855. 215, 
§§ 15, 17. 
G. S. 86, 
§§30,31. 



Section 86. A violation by any person of any provision of this 1 

chapter for which a specific penalty is not imposed or a violation by a 2 

licensee of any provision of his license shall be punished by a fine of 3 

not less than fifty nor more than five hundred dollars and by imprison- 4 

ment for not less than one nor more than six months. 5 



1868, 141, § 18. 

1869, 415, § 32. 
1875, 99, § 13. 
1878, 207, § 2. 
1880, 239, § 6. 
P. S. 100. § 18. 



1882, 242, § 2. 

1888, 254. 

1889, 114; 347. 

1896. 308. 

1897, 207, § 2; 
271, § 5; 487, § 1. 



R. L. 100, § 53. 
1920, 630. § 24. 
240 Mass. 465. 
251 Mass. 550. 
266 Mass. 195. 



Chaps. 138, 139.J intoxicating liquors, etc. comjion nuisances. 



1703 



1 Section ST. Exxept as provided in the following section, violation Penalty for vio- 

2 of any provisions of section twenty-eight, thirty-two, forty-one or fifty- sections. ""^ *'" 

3 seven shall be punished by a fine of not less than fifty nor more than 242f'§^l.'' '*' 

4 five hundred dollars or by imprisonment for not less than one nor more Jg^; lll[ 1 1^- 

5 than six months, or both. A licensee of the fifth class who violates sec- ^°l- ISS' ||^ 
G tion thirty-two shall be punished as above provided. 



1906,281, §3. 



1913, 413, § 3. 



1923, 233, i 6. 



1 Section 88. Any person who makes or issues a false or fraudulent Penalty for 

2 prescription referred to in section twentj'-five or twenty-eight shall be scrtptiona. 

3 punished by a fine of ten dollars. 

1887,431, §5. 1S96, 397, § 16. R. L. 100, § 28. 1923,233,17. 

1 Section 89. Violations of section forty-two shall be punished by a Ponaityfor 

2 fine of not less than fifty nor more than two hundred dollars. 5'42'^""" ° 

1917, 150, § 3. 



CHAPTER 139 

COiMMON NUISANCES. 



Sect. 

brrn-t or dangerous buildings. 

1. Burnt or dangerous buildings, how 

disposed of. 

2. Appeal to sui)erior court. 

3. Nuisances may be abated, etc. 



4. 

5. 

6. 

7. 



10. 



11. 



12. 



PLACES OF PROSTITUTION, ETC. 

Building, etc., used for prostitution, 
etc., to be deemed a nuisance. 

Penalty. 

Abatement of nuisance. 

Filing, etc., of bill of complaint. 

Temporarj' injunction. 

Decree of court ordering abatement 
of nuisance, etc. 

Fee of officer for rerao\nng and sell- 
ing property. Application of pro- 
ceeds of sale. 

Order of abatement may be modified 
in certain cases, etc. 

Bill of complaint not to be dismissed, 
except, etc. 



Sect. 

13. Persons found in places used for pros- 
titution, etc., may be summoned 
as witnesses. 

places resorted to for illegal g.\ming 
or used for the illegal keeping oh 
sale of intoxicating liquor. 
Building, etc., resorted to for illegal 
gaming, etc., to be common nui- 
sance. 
Penalty. 

Abatement of common nuisance. 
lOA. Same subject. Liquor nuisances. 
17. EWdences of sales. 
IS. Removal of gambling booths, etc., 
near public shows. 

GENERAL PROVISIONS. 

19. Keeping a nuisance by tenant to make 

lease void, etc. 

20. Aiding in the maintenance of a nui- 

sance penalized. 



14. 



15. 
16. 



BURNT OR D.VNGEROUS BUILDINGS. 

1, Section 1. In a city or town in which the city council or the inhab- Burnt or dan- 

2 itants of the town accept this and the two following sections or have fngs."how dia- 

3 accepted corresponding provisions of earlier laws, the aldermen or fs.ls'^Mg. 

4 selectmen, after written notice to the owner of a burnt, dilapidated or IjH'.It, § i. 

5 dangerous building, or his authorized agent, and after a hearing, may r t'loi.Vi. 

6 make and record an order adjudging it to be a nuisance to the neighbor- }|j.\j'' |33. 5 7. 

7 hood, or dangerous, and prescribing its disposition, alteration or regu- 

8 lation. The city or town clerk shall deliver a copy of the order to an 



1704 



COMMON NUISANCES. 



[Chap. 139. 



officer qualified to serve civil process, who shall forthwith serve an 9 

attested copy thereof in the manner prescribed in section one hundred 10 

and twenty-four of chapter one hundred and eleven, and make return 11 

to said clerk of his doings thereon. 12 



^upertor TOUTt. Section 2. A pcrsou aggrieved by such order may appeal to the 

sf^a^^^^' superior court for the county where such building is situated, if, within 

G.s. 87, §§2-4. three days after the service of such attested copy upon him, he presents 

p. s.'ioi,' to such court a petition stating his grievance and the order of the board. 

R. il^ioi. After such notice to the board as the court shall order, trial by jury 

iqiqTms, §7. shall be had as in other civil causes. The jury may affirm, annul or 

1920, 5. alter such order, and the court shall render judgment in conformity with 

said verdict, which shall take effect as an original order. If the order 

is affirmed, the petitioner shall pay the costs; if it is annulled, he shall 

recover from the town his damages, if any, and costs; and if it is altered, 

the court may render such judgment as to costs as justice shall require. 



1 
2 

3 
4 
5 
6 
7 
8 
9 
10 
11 



Nuisances may 
be abated, etc. 
1855. 469, § 2. 
G. S. 87, § 5. 
P. S. 101. § 5. 
R. L. 101, § 5. 



Section 3. The aldermen or selectmen shall have the same power to 1 

abate and remove any such nuisance as is given to the board of health 2 

of a town under sections one hundred and twenty-three to one hundred 3 

and twenty-five, inclusive, of chapter one hundred and eleven. 4 



Building, etc., 
used for pros- 
titution, etc., 
to be deemed 
a nuisance. 
1855, 405, § 1. 
G. S. 87, § 6. 



PLACES OF prostitution, ETC. 

Section 4. Every building, part of a building, tenement or place 1 

used for prostitution, assignation or lewdness, and every place within 2 

or upon which acts of prostitution, assignation or lewdness are held or 3 

occur, shall be deemed a nuisance. 4 

p. S. 101, § 6. 12 Gray, 326. 132 Mass. 1. 

R. L. 101, § 6. 13 Gray, 26. 134 Mass. 201. 

1914, 624. § 1. 14 Gray, 406. 145 Mass. 251. 

7 Gray, 328. 16 Gray, 18. 213 Mass. 238. 

9 Gray, 290. 12 Allen, 177. 232 Mass. 88. 

10 Grky, 465. 114 Mass. 281. 237 Mass. 1. 

11 Gray, 48. 118 Mass. 456. 

(See cases cited under §§ 14, 15.] 



Penalty. 
1855, 405, § 2. 
G. S. 87, § 7. 

1865, 269, § 1. 

1866, 280, § 3. 
P. S. 101, § 7. 
R. L. 101, § 7. 



Section 5. Whoever keeps or maintains such a nuisance shall be 1 

punished by a fine of not less than one hundred nor more than one thou- 2 

sand dollars and by imprisonment for not less than three months nor 3 

more than three years. 4 

1914, 624, § 2. 237 Mass. 1. 

[See cases cited under §§4, 14, 15.1 



Abatement of 
nuisance. 
1887, 380. 
1895, 419, § 10. 
R. L. 101, § 8. 
1914, 624, § 3. 
149 Mass. 550. 
201 Mass. 204. 



Section 6. \Mienever there is reason to believe that such a nuisance 
is kept or maintained or exists in any town, either the district attorney 
for the district, or the attorney general, in the name of the common- 
wealth, or a citizen in his own name, may maintain a bill in equity per- 
petually to enjoin the person conducting or maintaining the same, and 
the owner, lessee or agent of the building or place in or upon which such 
nuisance exists and their assignees from directly or indirectly maintain- 
ing or permitting such nuisance. 



bill otcom- °^ Section 7. The bill of complaint shall join the owner of record of 1 

plaint.^ the premises as a party respondent and shall be filed in the superior 2 

court for the county where the nuisance is believed to exist, and shall be 3 



Chap. 139.] common nuisances. 1705 

4 verified by oath of the complainant unless filed by the attorney general 

5 or a district attorney. The bill shall forthwith after filing be presented 

6 to the court sitting in equit\- within the county, or to any justice thereof 

7 if the court is not so sitting, and the proceeding shall have precedence 

8 over all other matters upon the docket except criniiiial iJroceedings, 

9 election contests and hearings upon petitions for other injunctions. 

1 Section S. If upon a hearing, after at least two days' notice to the Temporary in- 

2 respondents of the time aiid place assigned therefor, the existence of iguVeSi, § s. 

3 such a nuisance is shown to the satisfaction of the court or justice, either 

4 through verified complaint or through evidence in the form of affidavits, 

5 depositions, oral testimony or otherwise, a temporary injunction shall 

6 be ordered to issue forthwith restraining the maintenance of the nuisance 

7 and enjoining the occupants, owner and all other persons from removing 
S fixtures, furniture, nuisical instruments and all other movable property 
9 from the premises until further order of the court. 

1 Section 9. If upon subsequent hearing the existence of the nuisance Decree of court 

2 shall be established, the court shall enter a decree permanently' enjoin- ment'Sf *''*'^' 

3 ing the maintenance thereof, including in such decree an order of abate- ?9r4|''6'24,*f6. 

4 ment directing the sheriff of the county or his deputy to enter the iif Mt^sigg 

5 building or place where the nuisance existed and to sell all furniture, 265 Mass. 135. 

6 musical instruments and mo\able property used in maintaining the 

7 nuisance, in the manner provided for the sale of chattels under execu- 

8 tion, and to remove the same. If it shall appear that the bill of com- 

9 plaint was filed five or more days after notice to the record owner of the 

10 premises, and that he did not proceed forthwith to enforce his rights 

11 under section nineteen, such order of abatement shall further direct the 

12 effectual closing of the building or the place and the prohibition of its 

13 use for any purpose for one year, unless sooner released as provided in 

14 section eleven. For the purpose of proving the existence of the nui- 

15 sance the general reputation of the place shall be admissible as evidence. 

1 Section 10. For removing and selling the movable property in Fee of officer 

2 accordance with the decree of the court the officer shall be entitled to InYsdiing"* 

3 the same fees as for levying upon and selling like property on execution. Application of 

4 and for closing the premises and keeping them closed, a reasonable sum YaTi'^eSi'li'^' 

5 shall be allowed by the court. The proceeds shall be applied: first, to 

6 the fees and costs of removal and sale; second, to the allowances and 

7 costs of so closing and keeping closed the premises; third, to the pay- 

8 ment of the complainants' costs in such proceeding, including a reason- 

9 able attorney's fee to be fixed by the court; fourth, the remainder, if 
10 any, to the owner of the property sold. 

1 Section 11. If the owner of anv such premises shall pav all costs of Order of abate- 

-^. ,. , * ^ .*• ment may be 

2 the proceedings, and file with the court a bond with sureties approved modified in cer- 

3 by the clerk in the full value of such premises as ascertained by the isi*. 624'. § s.' 

4 court, or, when the court is not in session, by the clerk, payable to the 

5 court and conditioned that the ow-ner of the premises found to be a 

6 nuisance will immediately abate such nuisance and prevent the same 

7 from being established or kept therein within one year thereafter, the 

8 court or justice may, if satisfied of the owner's good faith, order the 

9 premises so closed to be delivered to such owner and the order of abate- 



1706 



COMMON NUISANCES. 



[Chap. 139. 



ment to be so modified as to dissolve the order that the premises remain 10 
closed for one year; provided, that such modification shall not release 11 
such premises from any judgment, lien, penalty or liability to which it 12 
may be subject. 13 



Bill of com- 
plaint not to be 
dismissed, 
except, etc. 
1914, 624. § 9. 
1931, 426, 5 34. 



Section 12. No bill filed under section six shall be dismissed, except 1 

upon a sworn statement made and filed by the complainant and by his 2 

attorney setting forth the reasons for dismissal thereof and upon ap- 3 

proval of such dismissal by the court in open court. If the court is of 4 

opinion that the bill ought not to be dismissed he may direct the dis- 5 

trict attorney to prosecute the case to a final decree. If a bill brought 6 

by a citizen is continued more than one court sitting, any citizen of the 7 

county, or the district attorney, or, if public interest so requires, the S 

attorney general, may be substituted for the original complainant and 9 

prosecute the case to a final decree. If the bill was brought by a citizen 10 

and the court finds that there was no reasonable ground therefor, costs 11 

may be awarded against the complainant. 12 



kfpiaces'used SECTION 13. All pcrsous fouud in or upon premises used for prostitu- 1 

t?on'"rtc'*ma tiou, assignation or lewdness may be required by a justice of a court of 2 

besiimmoned rccord to rccoguize, with or without sureties, to appear as witnesses at 3 

1914.624, § 15. any hearing in an action to punish a person for keeping or maintaining 4 

such a nuisance as is described in section four, or for aiding in the main- 5 

tenance of such a nuisance in the manner set forth in section twenty, 6 

or to enjoin or abate such a nuisance, and a warrant may be issued to 7 

bring such persons before the justice to recognize as aforesaid. 8 



PLACES RESORTED TO FOR ILLEGAL GAMING OR USED FOR THE ILLEGAL 
KEEPING OR .SALE OF INTOXICATING LIQUOR. 



Building, etc. 
resorted to for 



Section 14. Every building, place or tenement which is resorted to 1 
etc^'^to^be'com- ^^^ illegal gaming, or which is used for the illegal keeping or sale of in- 2 
mon nuisance, toxicatiug Hquor, shall be deemed a common nuisance. 3 



1855. 405. § 1. 
G. S. 87. § 6. 
P. S. 101. § 6. 
R. L. 101. § 6. 
1914. 624. § 11. 

Tenements. 

10 Gray, 464, 465. 

11 Gray, 454, 456. 
14 Gray, 406. 

107 Mass. 212. 
112 Mass. 277. 

144 Mass. 297. 

145 Mass. 104. 
148 Mass. 8. 
150 Mass. 71. 

153 Mass. 5. 483. 

154 Mass. 388. 
166 Mass. 377. 
205 Mass. 124. 

Illegal gaming. 
7 Gray. 328. 

13 Gray. 26. 

14 Gray. 26, 390, 406. 
16 Gray. IS. 

7 Allen, 304. 
145 Mass. 251. 



241 Mass. 319. 
270 Mass. 260. 

Used for the 
illegal keeping 
or sale. 
7 Gray. 328. 

9 Gray, 296. 298. 

10 Gray. 9. 

11 Gray. 454. 

12 Gray, 89, 175, 177, 17 

13 Gray, 26. 

14 Gray, 23, 386, 390. 
16 Gray. 18. 19. 

1 Allen. 1. 592. 

2 Allen. 169. 
4 Allen. 589. 
97 Mass. 122. 
102 Mass. 144. 148. 

108 Mass. 24. 
26, 27, 480. 482. 

109 Mass. 361. 

110 Mass. 359, 502. 

111 Mass. 425. 426. 

113 Mass. 191. 

114 Mass. 2.52, 
255. 2.57. 259, 261. 

115 Mass. 102, 141. 

[See cases cited under §§ 4, 15.] 



116 Mass. 32, 35, 
46, 61. 

117 Mass. 140. 

123 Mass. 401. 

124 Mass. 26. 

126 Mass. 56. 256. 

127 Mass. 4,52. 
132 Mass. 267. 

136 Mass. 148. 436. 
138 Mass. 496. 
498. 508. 511. 

141 Mass. 28. 110. 

142 Mass. 474. 

143 Mass. 468. 

144 Mass. 171. 

145 Mass. 117, 
250. 251. 

147 Mass. 161. 

148 Mass. 425. 
150 Mass. 506. 
153 Mass. 211. 
167 Mass. 374. 
251 Mass. 550. 

Resorted to. 
7 Allen. 304. 
12 Allen, 177. 



Penalty. ^ SECTION 15. Whoevcr kccps or maintains such common nuisance 1 
G. s.' 87. § 7."' shall be punished by a fine of not less than fifty nor more than one hun- 2 

1865. 269, 5 1.-^*^ '' 



Chap. 139.] common nuisances. 1707 

3 drcd dollars and bv imprisonment for not less than throe months nor 1866,280,53. 
, ^1 PS. 101, § 7. 

4 more than one year. 

R. L. 101, § 7. nr, Mass. 406. 160 Mass. 298. 

lO.'J Mass. 4(5.'). 1.50 .Mass. 506. 241 Mass. 319. 

107 Mass. 212. 154 Mass. 115. 251 Mass. 550. 



138 Mass. 498. 



(See cases cited under §§4, 14.] 



1 Section l(i. Upon an information filed by the district attorney for Abatement of 

2 the district, or upon the petition of the board or officer having control nu^X". 

3 of the police of a town or of not less than ten legal voters of a town, {sgsMigi § lo. 

4 stating that a building, place or tenement therein is resorted to for j*,,,'^- l°l- 1 f^ 

5 illegal gaming, or is used for the illegal keeping or sale of intoxicating i-io Mass. 550. 

6 liquors, the supreme judicial or superior court may enjoin or abate the 

7 same as a common nuisance. 

1 Section 16A. Upon a bill in equity brought in the name of the Same subject. 

2 commonwealth by the attorney general, or district attorney for the dis- nu?s"a"nces. 

3 trict, or the chief of police, or the board or officer having control of the 265**Mais; 135. 

4 police of the state, or of a town or city, or by not less than ten legal 

5 voters of a town or city, in their own names, stating that a building, place 

6 or tenement situated therein is being used for the illegal keeping, sale or 

7 manufacture of intoxicating liquors, the superior court may abate the same 

8 as a common nuisance and may enjoin the person conducting or maintain- 

9 ing the same, and the owner, lessee or agent of the building, place or tene- 

10 iiient in or upon which said nuisance exists, and their grantees or assignees, 

11 from directly or indirectly maintaining or permitting such nuisance, 

12 and, subject to the provisions hereinafter contained, may order the 

13 effectual closing of such building, place or tenement, and the prohibition 

14 of its use for any purpose for one year thereafter. Proceedings under 

15 this section shall be in the manner provided in sections seven to twelve, 
IG inclusive, except that the provisions of section nine regulating the closing 

17 of a building, place or tenement and the prohibition of its use for any 

18 purpose for one year because of the maintenance of such a nuisance shall 

19 not apply, and in lieu thereof the court may include in its decree an 

20 ortler for such closing and prohiliition, if it appears that prior thereto 

21 and within the preceding three years there shall ha^■e been three con- 

22 victions for the illegal sale, or keeping, or manufacture of intoxicating 

23 liquors in or upon the premises on which such building, place or tene- 

24 ment is situated, or three decrees for a permanent injunction enjoining 
2.5 the maintenance of such a nuisance. A decree for a permanent injunc- 
20 tion or abatement shall include an order that a copy thereof shall be 

27 posted in a conspicuous place on the building, place or tenement affected 

28 thereby, on or near one or more of its principal entrances and that the 

29 removal, defacement, erasure or mutilation of a copy so posted shall be 

30 contempt of court. In addition to such posting, a copy of the decree 

31 shall be delivered in hand to the person in charge of such building, place 

32 or tenement if he may be found upon the premises or to anyone residing 

33 therein, anrl if the decree includes an order for the effectual closing of 

34 said building, place or tenement and the prohibition of its use for any 

35 purpose for one year, a copy shall be filed forthwith for record in the 
30 regi.stry of deeds for the county and registry district within which such 

37 building, place or tenement is situated. The provisions of section thir- 

38 teen shall apply to all persons found in or upon premises used for the 

39 illegal sale, or keeping, or manufacture of intoxicating liquors. 



1708 



COMMON NUISANCES. 



[Chap. 139. 



Evidences SECTION 17. Scction sLxtv of chapter one hundred and thirty-eight 1 

1887. 414, § 3. shall apply to all cases relative to the use of any building, place or tene- 2 

■ ' ' ' ment for the illegal keeping or sale of intoxicating liquors in violation of 3 

this chapter. 4 



Section IS. The aldermen or the selectmen, upon complaint made 1 

to them under oath that the complainant has reason to believe and does 2 

believe that a booth, shed or other temporary erection, situated within 3 

one mile of a muster field, cattle show ground, or other place of public 4 

gathering, is used and occupied for the sale of spirituous or fermented 5 

101, § 12. jjqyQj.^ Qj. fpj. ^j^g purpose of gaming, may order the owner or occupant 6 

thereof to vacate and close the same forthwith. If the owner or occu- 7 

pant fails so to do, the aldermen or selectmen may forthwith abate such 8 

booth, shed or erection as a nuisance, and may pull down or otherwise de- 9 

stroy the same through the agency of any force, ci\'il or military. 10 



Removal of 
gambling 
booths, etc., 
near public 
shows. 

1850, 291. 

1851, 91. 
G.S. 87, § 10. 
P. S. 101, § 10 
R. L, 



, §9. 



Keeping a 
nuisance by 
tenant to 
make lease 
void, etc. 
R. .S. 130, . - - 
1855, 405, § 3. 
G. S. 87, § 8; 
165, § 14. 
P. S. 101, § 8; 
207. § 14. 
R. L. 101. § 10. 
1914, 624. § 13. 
15 Gray, 312. 

6 Allen, 364. 

7 Allen, 109. 
14 .\llen, 289. 
103 Mass. 381. 



GENERAL PROVISIONS. 

Section 19. If a tenant or occupant of a building or tenement, 
under a lawful title, uses such premises or any part thereof for the pur- 
poses of prostitution, assignation, lewdness, illegal gaming, or the illegal 
keeping or sale of intoxicating liquors, such use shall at the election of 
the lessor or owner annul and make void the lease or other title under 
which such tenant or occupant holds and, without any act of the lessor 
or owner, shall cause the right of possession to revert and vest in him, 
and he may, without process of law, make immediate entry upon the 
premises, or may avail himself of the remedy provided in chapter two 
hundred and thirty-nine. 

106 Mass. 537. 249 Mass. 262. 



1 

2 
3 
4 
5 
6 
7 
8 
9 
10 



Aiding in the 
maintenance of 
a nuisance 
penalized. 
1855, 405, § 4. 
G. S. 87, § 9. 
1S66, 2S0, § 3. 
P. S. 101, §9. 
R. L. 101, § 11. 
1914, 624, § 14. 
106 Mass. 537. 
112 .Mass. 277. 

135 Mass. 552. 

136 Mass. 148. 
138 Mass. 181. 
146 Mass. 36. 



Section 20. WTioever knowingly lets premises owned by him, or 
under his control, for the purposes of prostitution, assignation, lewdness, 
illegal gaming, or the illegal keeping or sale of intoxicating liquors, or 
knowingly permits such premises, while under his control, to be used 
for such purposes, or after due notice of any such use omits to take all 
reasonable measures to eject therefrom the persons occupying the same 
as soon as it can lawfully be done, shall be punished by a fine of not less 
than fifty nor more than one hundred dollars and by imprisonment for 
not less than three months nor more than one year. 

228 Mass. 266. 232 Mass. 88. 



CiiAi'. UU.J 



LICENSES. 



1709 



CHAPTER 140. 

LICENSES. 



Sect. 

definition. 

• 1. Definition. 

INNBOLDERS AND COMMON VICTUALLERS. 

2. Licenses. Fee. Record. Penalty. 

3. Form of innholders' licenses. 

4. Contents of license of .in innholder 

or common victualler. Term. 

5. Innholders, etc., to have suitable 

acconmiodations for travelers. 

6. Grounds for refusal of license. 

7. Penalty for refusing to receive 

traveler. 

8. Penalty for refusing food to traveler. 

9. Revocation, suspension, etc., of li- 

cense. 

10. Liabihty of innholder for loss of 

property. 

11. Liability for loss by fire, etc. 

12. Penalty for fraudulently procuring 

entert.iinment at or removing 
baggage from inn or boarding 
house. 

13. Copy of certain sections to be posted. 

14. Disposition of baggage in possession 

of innholders. 

15. Disposition of proceeds of sale. 

16. Balance of proceeds of sale to be 

paid to owner. 

17. Negligence of guest a defence. 

18. Signs. Penalty. 

19. Summary of laws to be furnished 

licensees. 

20. Penalty on unlicensed innholder, 

etc. 

21. Additional penalty on third con- 

viction. 

SALE OF CERTAIN NON-INTOXICATlNG EEV- 
ER.tGES. 

21A. Non-intoxicating beverages, regula- 
tion of sale authorized. 

21B. Licenses. Term, fees, etc. 

21C. Penalty. Exception. 

21D. Three preceding sections inappli- 
cable to certain persons. 

LODGING BOUSES. 

22. Definition. 

23. Licenses. Term, fee, etc. 

24. Penalty on unlicensed lodging house 

keeper. 

25. Inspection. 

26. Penalty for permitting immoral con- 

duct. Evidence, effect. 



Sect. 

27. Register. Penalty. 

28. Order to keep a register. 

29. Penalty for false entry in register, 

etc. 

30. Revocation, etc., of licenses. 

31. Posting of laws. 

32. Record of conviction to be sent to 

licensing authorities. 

PUBLIC LODGING BOUSES. 

33. Definition. Cubicles forbidden. 

34. Licenses. Term, revocation, etc. 

35. Inspection of means of escape from 

fire as prerequisite. 

36. Inspection by board of health as 

prerequisite. 

37. Register. 

3S. Access for purposes of inspection. 

39. Penalty for keeping public lodging 

house without a license. 

40. Penalty. 

INTELLIGENCE OFFICES. 

41. Penalty for keeping unlicensed in- 

telligence office. 

42. Licenses. 

43. Keeper not to receive money unless 

employment is furnished. 

44. Money to be refunded in certain 

cases. 

45. Statutes to be printed on licenses. 

Posting. 

46. Penalty. 

MISCELLANEOUS PROVISIONS. 

47. Licenses for coffee houses, etc. Fee, 

term, etc. Penalty. 

48. Penalty for receiving gratuity given 

to employee. 

49. Licenses for lunch carts. 

50. Limitation on use of way. 
50.4. (Repealed.) 

51. Manicuring, massage or vapor baths 

regulated. 

52. Police may enter premises. 

53. Penalty. 

54. Licenses of junk dealers, etc. 

55. Penalty. 

56. Junk collector defined. 

SALE OP SECOND HAND MOTOR VEHICLES. 

57. License, when required. 

58. Classes of licenses. 

59. Licenses. Term, fees, etc. 



1710 



LICENSES. 



[Ch.\p. 140. 



Sect. 

60. Rules relative to purcha.se, etc., of 

second hand motor vehicles. 

61. Vehicles or parts to be kept for four 

days. Exception. 

62. Record book. Contents. 

63. Daily or weekly reports by licensees. 

64. Police authorities may waive the 

four days' requirement. 

65. Notice of proposed sale required by 

an unlicensed person. 

66. Certain authorities may enter li- 

censed premises. 

67. Penalty for refusal to allow entry, 

etc. 

68. Penalty for doing business without 

license. 

69. Penalties for breach of rules. 



PAWNBROKERS. 

70. Licenses. 

71. Pawnbrokers to retain articles four 

months, etc. Exception. 

72. Rate of interest may be limited. 

Penalty. 

73. Oflficers may enter pawnbroker's 

shop, etc. 

74. Penalty for refusing to admit officer. 

75. Penalty for acting without license. 

76. Loans on personal property, when 

regulated. 

77. Fee for license. Bond. 

78. Regulations. 

79. Pawnbrokers to keep record of 

pledges, etc. 

80. Memorandum to pledgor. 

81. Books to be open to inspection. 

82. Penalty. 

83. Record of amount loaned on tools, 

etc. 

84. Penalty. 

85. Sections 86-112 not applicable to 

licensed pawnbrokers. 



LOANS. 

86. Loans on collateral security of 

household goods, etc., regulated. 

87. Record book to be open to inspec- 

tion. Property to be exhibited. 

88. Stolen articles pledged, disposition. 

89. Penalty for refusing inspection, etc. 

90. Loans of less than one thousand 

dollars. 

91. Loans secured by pledge, etc. 

92. Certain small mortgages of house- 

hold furniture regulated. 

93. Notice to foreclose certain personal 

property mortgages. 

94. Liability for failure to return note, 

etc., or to discharge mortgage. 

95. Limitation of five preceding sections. 

96. Business of making small loans de- 

fined and regulated. 



Sect. 

97. Regulations. Investigations. 

98. Returns to commissioner. 

99. Examination of licensees. Penalty. 

100. Rate of interest. 

101. Term and form of license. Posting. 

102. Fees. 

103. Penalty for violation of §§ 96-98, 

100-109, etc. Certain loans void- 
able. 

104. Prerequisites to granting of license. 

Revocation. 

105. Bond. 

106. Recovery of illegal interest. 

107. Mortgage, etc., as security dis- 

charged upon payment of loan. 

108. Validit.v, foreclosure, etc., of such 

mortgage, etc. 

109. Receipt for part payment. 

110. Penalty for acting without a license. 

Evidence, effect. 

111. Law as to rate of interest in ab- 

sence of agreement not affected. 

112. Duties of state police, etc. 

113. Old returns may be destroyed. 

114. Certain associations need not pro- 

cure licenses. 



STEAM ENGINES AND FURNACES. 

115. Licenses. 

110. Changes in furnaces, etc., erected 

before acceptance of law may be 

ordered, when. 

117. Appeal. Temporary injunction. 

118. Stationary engines. 

119. Furnaces, etc., illegally erected or 

used deemed nuisances. Re- 
moval. 

120. [Repealed.] 

SALE OF FIREARMS. 

121. Definitions. Exceptions. 

122. Licenses. 

122A. Duties of licensing authorities. 

123. Conditions of licenses. 

124. Term of licenses. 

125. Suspension or revocation of licenses. 

126. Signs, etc., evidence that firearms 

are kept for sale. 

127. Transfer of licenses. 

128. Penalty for %nolation of license or 

selling, etc., without license. 

129. Penalty for giving false name, etc. 
129A. Ownership, etc., by aliens regulated. 

Penalty. 

130. Penalty for selling, etc., firearms to 

minor or alien. 

131. License to carry pistol, etc. Pen- 

alty. 
131A. Permits to purchase, etc., pistol, 

etc. Penalty. 
131B. Penalty for loan of money on pistol, 

etc. 



CiL\p. 140.] 



LICENSES. 



1711 



Sect. 

132. 
133. 
134. 
1.35. 
136. 



137. 
138. 
139. 
140. 
141. 
142. 
143. 
144. 

145. 

146. 
147. 

148. 
149. 
150. 

151. 

152. 
153. 
154. 

155. 

156. 

157. 
158. 

159. 

160. 

161. 

162. 

163. 
164. 

165. 

166. 

167. 



168. 
169. 
170. 

171. 



SMOKE NOI8ANCE. 

Smoke nuisance. 

Penults. 

Ohjertions to permits. 

Enforcement. 

Penalty. 

DOGS. 
Licenses. Collars. 
Same subject. 
Fees. 

Breeder's license. 

Penalty for keeping unlicensed dog. 
Keeping of bloodhound, etc. 
Penalty. 
Illegally kept dog to be removed or 

killed. 
Description of hydrophobia to be 

printed on each license. 
License valid throughout state, etc. 
Issuing of licenses, disposition of 

fees, etc. 
Bond of city clerk. 
Accounts of county, etc., clerks. 
Assessors to take list of dogs. 

Penalty. 
Dog officers. Killing unlicensed 

dogs. 
Returns by dog officers. 
Warrant to dog officers. 
Mayor, etc., to certify to district 

attorneys as to warrants. 
Liability of owner for damage by 

dog. 
Dog attacking person or certain 

animals may be killed, when. 
Complaint as to dangerous dog. 
Dog proved dangerous may be 

killed. 
Treble damages if dog, after notice, 

causes injury, etc. 
Protecting domestic animals from 

injury by dogs. 
Certain damages by dogs to be paid 

by the county. Appraisal, etc. 
Reward for killing dog found in- 
juring domestic animals. 
Notice to owner to kill such dog. 
Penalty for not killing or confining 

such dog. 
Appointment of persons to investi- 
gate damages by dogs. 
Person damaged to have choice of 

remedy. 
Dogs may be required to be muzzled. 

Killing unmuzzled dogs, when 

authorized. 
Service of notice. Penalty. 
Penalty on town officer. 
Disposition of fees, etc., in Suffolk 

county. 
Owner of dog liable to county for 

damages paid by it. 



Sect. 
172. 

173. 
174. 
175. 



176. 



Disposition of unexpended balance 

of dog fund. 
Ordinances and by-laws as to dogs. 
Recovery of penalties. 
Liability for killing, etc., a licensed 

dog. 

ST.^LLIONS. 

Registration. Penalty. 



BILLIARD TABLES AND BOWLING ALLEYS. 

177. Licenses. 
Penalty. 
Penalty for admitting minors to 

billiard rooms, etc. 
Penalty for unlawful use, etc., of 

bowling alley. 



178. 
179. 



180. 



THEATRICAL EXHIBITIONS, PUBLIC AMUSE- 
MENTS, ETC. 

ISl. Licenses. 

182. Penalty for unlicensed exhibition. 

Exceptions. 
182A. Tickets to theatres, etc., to have 
price printed on face. Penalty. 

183. Darkened hall prohibited during 

progress of public dances therein. 
Penalty. 

183A. Licensing of innholders, etc., con- 
ducting certain amusements in 
connection with their business 
regulated. 

183B. Licenses under preceding section 
issued in certain towns invalid 
unless approved, etc. Fees, sus- 
pension, etc. 

183C. Penalty for violation of § 183 A. 
Report of conviction. 

184. Penalty for exhibition when liquor 

is sold. 

185. Masked ball penalized. 

185A. Resale of theatre tickets, etc., regu- 
lated. Licenses. 

185B. Fees for licenses. 

1S5C. Revocation or suspension of licenses. 

1S5D. Resale price regulated. 

185E. Rules and regulations. Investiga- 
tions, etc. 

185F. Penalty. 

185G. Certain sections inappUcable to 
certain tickets, etc. 

SKATING RINKS, ETC. 

186. License. 

187. Penalty. 

PICNIC GROVES. 

188. License. 

189. Penalty.- 

190. Peddling near picnic grove penal- 

ized. 



1712 



LICENSES. 



[Chap. 140. 



Sect. 



STEAMBOATS. 



191. License. 

192. Form of license. 

193. Penalty. 



Fee. Posting. 



BOATING AND BATHING. 

194. License. 

195. Posting notices. 

196. Penalty for acting without license. 

GENERAL PROVISIONS. 

197. Admission of children to certain 

entertainments penalized. Ex- 
ceptions. 



Sect. 
198. 



199. 
200. 
201. 

202. 
203. 
204. 

205. 



young persons to 
and skating rinks 



Admission of 

dance halls 

regulated. 
Posting copy of law. 
Pen .ally. 
Officers may enter billiard rooms, 

etc. Penalty. 
Form, etc., of certain licenses. 
Term of such licenses. 
Such licenses vahd only in places 

specified. 
Revocation of such licenses. 



Definition. 
1926, 92, § 1. 

(Further defi- 
nitions. §§ 22. 
33, 50, 96, 121. 



DEFINITION. 

Section 1. "Licensing authorities", as used in this chapter, unless 1 

a contrary meaning is required by the context, shall mean the boards 2 

in Boston and other cities which by special statutes or city charters 3 

have the power to issue licenses for innholders or common victuallers, 4 

licensing boards appointed under section four of chapter one hundred 5 

and thirty-eight in cities which at the municipal election next preceding 6 

the first day of January, nineteen hundred and twenty-five, \oted to 7 

authorize the granting of licenses for the sale of certain non-intoxicating 8 

beverages and also in cities wherein by special statutes said boards are 9 

vested with all the powers and duties exercised by licensing boards in 10 

cities that vote to grant such licenses, the aldermen in all other cities and 1 1 

the selectmen in towns. 12 



Licenses. Fee. 
Record. 
Penaity. 
C. L. 79, § 2. 
1692-3, 9, § 1. 
1703-4. ."..5 1. 
1786, 68, § 1 
1792, 25. 

1832, 166. §§ 4, 
6, 8. 

1833, 122. 
R. S. 47. 
§5 17, 18, 
1837. 242. § 2. 
G. S. 88, 
§§2.21. 
1875, 99. § 6. 
cl. 5. 

1878, 241. § 8. 

1879. 38, § 1. 
P. S. 102. 

§§ 2, 24. 
1885, 83; 
323, § 2. 
1894, 235; 351 
428, §4. 



INNHOLDERS AND COMMON VICTUALLERS. 

Section 2. Licensing authorities may grant licenses to persons to be 1 

innholders or common victuallers. Such license shall not be issued or be 2 

valid until it has been signed by a majority of the aldermen in cities 3 

where the license is to be granted by the aldermen, by a majority of the 4 

licensing board in other cities or by the selectmen in towns. An alderman, 5 

any member of the licensing board or a selectman may refuse to sign a 6 

license for a person who, in his opinion, has not complied with this chap- 7 

ter. This section shall not require the licensing authorities to grant S 

either of said licenses if, in their opinion, the public good does not require 9 

it. A fee of not more than five dollars may be charged for either of said 10 

licenses. The licenses shall be recorded in the office of the licensing 11 

authorities. An alderman, member of a licensing board or selectman 12 

who signs a license granted contrary to this chapter shall be punished by 13 

a fine of not more than fifty dollars. 14 



1895. 343. 

R. L. 102. § 2. 

1906, 291. § 4. 



1910. 383. 
1916. Sp. 310. 
141 Mass. 23. 



221 Mass. 395. 
225 Mass. 104. 
3 Op. A. G. 276. 



Form of 
innholders* 
licenses. 
1915. 180. § 5. 
1918, 259, § 2. 



Contents of 
license of an 
innholder or 



Section 3. All innholders' licenses shall be ex-pressed to be subject 1 

to sections twenty-two to thirty-two, inclusive, of this chapter and sec- 2 

tions twenty-five to twenty-seven, inclusive, of chapter two hundred and 3 

seventy-two. 4 

Section 4. Every license of an innholder or common victualler shall 1 

specify the street and number, if any. of the building where the business 2 



Chap. 140.] licenses. 1713 

3 is to be carried on or give some other particular description thereof, and vi'^u^uer. 

4 the license shall not protect a licensee who carries on his business in c"l"83, § is. 

5 anv other place. Such licenses shall expire on April thirtieth of each \i^i'i-J-X^- 

* 1 I 1 1 1 • 4 *1 I IV -^ T 1700, oo, s J. 

6 year; but tliey may be granted during April, to take eliect on May nrst i832, lee, 

7 following. 

R. .S. 47, §§ 17, 19. 1879. .38, §2. R. L. 102, §§ 3, 4. 

G. S. 88, §§ 2, 3. P. S. 102, §§ 3, 4. 201 Mass. 204. 

1878, 241, § 9. 1890, 73. 

1 Section .5. Every innholder and every common victualler shall at innhoiders, 

2 all times be j)rovidcd with suitable food for strangers and travelers, suitable ac- 

3 Every innholder shall also have upon his premises suitable rooms, with for"traveters°^ 

4 beds and bedding, for the lodging of his guests. 

C. L. 82. § 10. R. S. 47. § 5. R. L. 102, § 5. 

1698, 10, § 1. G. S. 88, § 8. 1931. 42B, § 35. 

1780. OS, § 3. 1878, 241, 5§ 1, 2. 221 Mass. 70. 

1832, 100, § 10. P. S. 102, §§ 5, 6. 

1 Section G. An innholder's or common victualler's license shall not ^("""j'^Y" 

2 be granted unless at the time of making application therefor the applicant license. 

3 has upon his premises the necessary implements and facilities for cooking, §§3.'4. 

4 preparing and serving food for strangers and travelers; and, if he is an ^ii.s. ' 

') applicant for an innholder's license, also has the rooms, beds and bedding J93V, Itl] | le. 

6 required by law. 

201 Maae. 204. 221 Mass. 70. 

1 Section 7. An innholder who, upon request, refuses to receive and ^"f^'ngto' 

2 make suitable provision for a stranger or traveler shall be punished by a [^^^J^l^ 

3 fine of not more than fifty dollars. 

C. L. 82, § 10. R.S. 47. §8. P. S. 102, §9. 

1710-11, 11, §4. G. S. 88, §9. R. L. 102, §7. 

1780, 68, § 3. 1878, 241, § 5. 1931, 426, § 37. 
1832, 106, § 10. 

1 Section 8. A common victualler who, upon request, on any day but Penalty for 

2 Sunday, refuses to supply food to a stranger or traveler shall be punished to traveler. 

3 by a fine of not more than fifty dollars. 

1878, 241, §6. P. S. 102, §10. R. L. 102, § 8. 221 Mass. 70. 

1 Section 9. If, in the opinion of the licensing authorities, a licensee Revocation. 

2 as an innholder or a common victualler ceases to be engaged in the business et^ronice'nse. 

3 he is licensed to pursue, or fails to maintain upon his premises the im- Issl; loe.S^io 

4 plements and facilities required by this chapter, they shall immediately J|37|4'2^f3 

5 revoke his license. If a licensee at anv time conducts his licensed busi- p„,? ?*•, ^9. 
(5 ness m an improper manner, the licensing authorities, after notice to the 55 s, 7. 

7 licensee and reasonable opportunity for a hearing, may upon satisfactory §§9! 11.' 
<S proof thereof suspend or revoke his license. An innholder who violates §§7-9, 2"d. 
9 section seven or a common victualler who violates section eight shall Jgjg.'gg; 

10 forfeit his license. A licensee who is convicted a second time of the '*^ ^^^- ''°- 

11 violation of any of the provisions of sections si.x to eighteen, inclusive, 

12 shall forfeit his license. 

1 Section 10. An innholder shall not be liable for losses sustained by Liability of 

2 a guest except of wearing apparel, articles worn or carried on the person, io?s of " ^"^ 

3 personal baggage and money necessary for traveling expenses and per- is53"4'o6. § 1. 

4 sonal use, nor shall such guest recover of an innholder more than five fsvoH's^s"!' 

5 hundred dollars as damages for any such loss; but an innholder shall be Fglj'jlo^'^- 

6 liable in damages to an amount not exceeding three thousand dollars for 1897! 305! 



1714 



LICENSES. 



[Chap. 140. 



9 Hck. 2S0. 
7Cush. 417. 
140 Mass. 123 
244 Mass. 340 



R. L. 102. § 10. the loss of money, jewels and ornaments of a guest specially deposited for 7 

1924,12. ^^^^ keeping, or offered to be so deposited, with such innholder, person 8 

in charge at the office of the inn, or other agent of such innholder au- 9 

thorized to receive such deposit. This section shall not affect the inn- 10 

holder's liability under any special contract for other property deposited 11 

with him for safe keeping after being fully informed of its nature and 12 

value, nor increase his liability in case of loss by fire or overwhelming 13 

force beyond that specified in the following section. 14 



k.i''b''fi/e°'^ Section 11. In case of loss by fire or overwhelming force, innholders 1 

1833 40.5 § 2 ^^^'^ ^^ answerable to their guests only for ordinary and reasonable care 2 

G.Vssi'Mi; in the custody of their baggage or other property. 3 

P.S. 102, §15. R. L. 102, §11. 



Penalty for 
fraudulently 
procuring 
entertainment 
at or removing 
baggage from 
inn or board- 
ing house. 
1870, 3.38, § 2. 
P. S. 102, § 13. 

1883, 187, § 1. 

1884. 169. 

R. L. 102, § 12. 
1931. 374. 



Section 12. Whoever puts up at an inn or boarding house and, 
without having an express agreement for credit, procures food, enter- 
tainment or accommodation without paying therefor, and with intent 
to cheat or defraud the owner or keeper thereof; or, with such intent, 
obtains credit at an inn or boarding house for such food, entertainment 
or accommodation by means of any false show of baggage or effects 
brought thereto; or, with such intent, removes or causes to be removed 
any baggage or effects from an inn or boarding house while a lien exists 
thereon for the proper charges due from him for fare and board furnished 
therein, shall be punished by a fine of not more than two hundred dollars 10 
or by imprisonment for not more than one year. 1 1 



Cop.yojcer^tain SECTION 13. lunholdcrs shall post a printed copy of this and the 1 

posted three preceding sections in a conspicuous place in each room of their inns. 2 

1883; i87j § 2.' Boarding house keepers shall post a copy of the preceding section in a 3 

§§ 12, is" conspicuous place in each room of their boarding houses. 4 



Disposition of SECTION 14. An innholder, after retaining for six months from the 
session of inn- time of departure of a guest from his inn any trunks, bags, valises, parcels, 
i893"4i9, § 1. clothing, goods or other personal property of a guest which has been aban- 
R.^L. 102, § 14. doned by such guest, or which such innholder retains by virtue of his 
lien thereon for the unpaid board, lodging and other charges of such 
guest, may sell the same by public auction upon the premises of the inn, 
notice of the time and place of sale first being posted in a conspicuous 
place in the office of the inn for four weeks prior to the date of such sale, 
and published once in each of three successive weeks in a newspaper, if 
any, published in the towTi where the inn is situated; otherwise, in a 10 
newspaper published in the county where the inn is situated, the first 11 
publication of such notice to be not less than twenty-one days before 12 
the day of sale. A copy of such notice shall be sent by registered mail 13 
addressed to said guest at the residence given by him in the register of 14 
such inn. Such notice shall contain a descriptive list of all such property 15 
and of all such specific marks as may serve to identify such property, 16 
and the name of the guest so far as known to such innholder. 17 



°oce°ed5of°' ■ Section 15. The proceeds of such sale, after deducting reasonable 1 
^mih^iw 2 charges and expenses incurred in the storage and sale of such property, 2 
R. L. 102'. § 15. shall be applied to the discharge of the lien of such innholder thereon 3 



Chap. 140.] licenses. 1715 

4 for the board, lodging and other charges of such guest, and any proceeds 

5 remaining thereafter shall be paid to the connnonwealth. 

1 Section' 16. If, witiiin three years after such sale, the owner of any Balance of 

2 such property claims it and proves his ownership thereof, the .said pro- t'o°be pa'id to^ * 

3 ceeds, after deducting all reasonable charges and expenses, shall be paid isiSls^iig. § 3. 

4 over to him by the state treasurer. '* ^ "*^' * "J 

1 Section 17. An innholder against whom a claim is made for loss Negligence 

2 sustained by a guest may show that such loss is attributable to the defame"' 

3 negligence of the guest or to his failure to comply with the regulations of as.'s8.'''§\2.' 

4 the inn, if they are reasonable and proper and are shown to have been r. l/ioIW?. 

5 duly brought to the notice of the guest by the innholder. 

140 Mass. 123. 145 Mass. 186. 262 Mass. 41. 

1 Section IS. Every innholder and common victualler shall at all times -sign.?. 

2 have a board or sign affi.xed to his house, shop, cellar or store, or in a c^T.Vg', §2. 

3 conspicuous place near the same, with his name legibly inscribed thereon 1832! leo.S^io. 

4 in large letters and the business for which he is licensed inscribed thereon, q ^ |g; | \^ 

5 and upon neglect thereof shall forfeit twenty dollars. 

p. S. 102, § 17. R. L. 102, § 18. 

1 Section 19. The state secretary shall cause a condensed summary of fa1,™'{'o'he°' 

2 all laws relative to innholders and common victuallers to be printed, and fu'-nished 

licensees 

3 shall supply copies thereof to licensing authorities, who shall at the time i837, 242, § 5. 

4 of granting each license provide the licensee with a copy of such summary, p. s. 102. § 25, 

R. L. 102. § 22. 

1 Section 20. Whoever assumes to be an innholder or common vict- Penalty on un- 

2 ualler without being licensed as such under this chapter shall forfeit one holder, etc. 

3 hundred dollars. 

C. L. 79, § 2; 84, § 3. 1832, 166, §§ 1,3. P. S. 102, § 1. 

1786, 68, § 1. R. S. 47, § 1. R L. 102, § 1. 

1830,136,55 1,2. G. S. 88, 5 1. 101 Mass. 214. 

1 Section 21. Whoever is convicted a third tipie of a violation of any Additional 

2 provision of the preceding sections, except those contained in sections SnTilmi 

3 seven and eight, shall, in addition to the penalties before provided, be c"i."82!°§9. 

4 punished by imprisonment for not more than three months. i^*''' ^^- 5 s- 

1832,165.5 15. 1837,242.5 4. P. S. 102, 5 20. 

R. S. 47, 5 29. G. S. 88, § 17. R. L. 102, § 21. 



S.\LE OF CERT.\IN NON-INTOXICATING BEVERAGES. 

1 Section 21A. Cities and towns may provide by ordinance or by-law Non-intoxi- 

2 for the licensing of persons to keep open their places of business for the 3gcs"%g"iltion 

3 retail sale of beverages derived wholly or in part from cereals or sub- authorized. 

4 stitutes therefor and containing less than one half of one per cent of '^-^' ^^'^■ 

5 alcohol, unfermented grape juice, ginger ale, root beer, sarsaparilla, pop, 

6 artificial mineral waters, carbonated waters or beverages, and other 

7 so-called soft drinks, and may fix the fee for said licenses within the 
S limit hereinafter provided, except that in cities having licensing boards 
9 the authority to provide for the licensing of such persons and the fixing 

10 of fees therefor shall be vested in said licensing boards. 



1716 



LICENSES. 



[Chap. 140. 



Licenses. 

Term, fees, etc. 
1922, 392. 



Section 21B. Licenses granted as aforesaid shall specify the street 1 

or place and the number if there be any, and if there is no number, then 2 

the location of the place of business in which the license is to be exer- 3 

cised, and the license shall not be valid in any other place. Licenses 4 

so issued shall e.xpire on April thirtieth of each year. The fee for a 5 

license shall not be more than one dollar, and the license may be sus- 6 

pended or revoked at any time after a hearing by the authorities grant- 7 

ing the same. 8 



Penalty. 
Exception. 
1922, 392. 



Section 21C. Whoever not being licensed as aforesaid keeps open 
his place of business for the retail sale of any such beverage shall be 
punished by a fine of not more than fifty dollars. This section shall 
not apply to persons who keep open their places of business on Sunday 
for the sale of soda water, if they are licensed under section seven of 
chapter one hundred and thirty-six. 



Three preced- 
ing sections 
inapplicable 
to certain 
persons. 
1922, 392. 



Section 21 D. The provisions of the three preceding sections shall 
not apply to innholders, common victuallers, druggists, nor to dealers 
whose principal business is the sale of groceries and meats or either of 
said products, nor to the sale of any or all of such beverages when sold 
not to be drunk on the premises. 



Definition. 
1918, 259, § 1. 



LODGING HOUSES. 

Section 22. "Lodging house", as used in sections twenty-two to 
thirty-one, inclusive, shall mean a house where lodgings are let to five 
or more persons not within the second degree of kindred to the person 
conducting it, and shall not include dormitories of charitable, educational 
or philanthropic institutions. 



Licenses. 
Term, fee, etc. 
1918, 259, 
§§2,9. 
1921, 59. 



Section 2.3. Licensing authorities may grant licenses for lodging 1 

houses which shall be for the period provided in section four, and shall 2 

charge for each license such fee, not exceeding two dollars, as the city 3 

council or selectmen may establish, otherwise the same shall be granted 4 

without charge. Said authorities shall enforce sections twenty-four to 5 

thirty-one, inclusive, and shall prosecute all violations thereof. 6 



Penalty on 

unlicensed 

lodging house 

keeper. 

1918, 259, § 8. 



Section 24. Whoever conducts a lodging house without a license 1 

shall be punished by a fine of not less than one hundred nor more than 2 

five hundred dollars or by imprisonment for not more than three months, 3 

or both. 4 



Inspection. 
1918, 259, § 3. 



Section 2.5. Premises occupied, used or controlled by a licensee 
under sections twenty-two to thirty-one, inclusive, or under an innholder's 
license shall be subject to inspection by the licensing authorities and their 
authorized agents, and by the police on request from the licensing 
authorities. 



Penalty for 

permitting 

immoral 

conduct. 

Evidence, 

effect. 

1918, 259, 

§§4,8. 



Section 26. Whoever, being licensed as a lodging house keeper under 1 

sections twenty-two to thirty-one, inclusive, or as an innholder, or being 2 

in actual charge, management or control of the premises for which the 3 

license is issued, knowingly permits the premises under his control to be 4 

used for the purpose of immoral solicitation, immoral bargaining or 5 



CHAI". 140.] LICENSES. 1717 

6 immoral conduct shall l)e piiiiishcd hy a fine of not less than five Inin- 

7 (ircfl nor more than one thousand dollars or hy imprisonment for not 

8 less than six inontlis nor more than one year, or both. E\idence that a 

9 room in a hotel or lodging house was not actually used for immoral con- 

10 duet shall not prevent a conviction under this section of a person in 

11 actual charge, control or management of the premises who permits the 

12 occupation of such a room knowing or having good reason to know tliat 
1.3 the parties occupying such a room intended to use it for immoral sohci- 

14 tation, immoral bargaining or immoral conduct. If it is required that 

15 registers be kept, as provided in sections twenty-seven and twenty-eight, 

16 evidence tliat the person in actual cliarge, control or management of 

17 the premises has knowingly permitted the occupation of a private room 

18 of less than four hundred square feet floor area, containing a bed or 

19 couch, by the same woman on different occasions within a period of 

20 thirty days with different men, or by the same man on different occasions 

21 within a j)eriod of thirty days with different women, shall be prima facie 

22 evidence of a violation of this section. 

1 Sf.ction 27. Every innholder, and every lodging house keeper re- Register. 

2 quired so to do under section twenty-eight, shall keep or cause to be r9r8,'259, 

3 kept, in permanent form, a register in which shall be recorded the true lls^Mass. 499. 

4 name or name in ordinary use and the residence of every person engaging 

5 or occupying a private room averaging less than four hundred sc|uare 

6 feet floor area, excepting a private dining room not containing a bed or 

7 couch, or opening into a room containing a bed or couch, for anj- period 
S of the day or night in any part of the premises controlled by the licensee, 
9 together with a true and accurate record of the room assigned to such 

10 person and of the day and hour when such room is assigned. The entry 

11 of the names of the person engaging a room and of the occupants of said 

12 room shall be made by said person engaging said room or by an occupant 
V.i thereof. Until the entry of such name and the record of the room has 

14 been made, such person shall not be allowed to occupy privately any 

15 room upon the licensed premises. Such register shall be retained by the 

16 holder of the license for a period of at least one year after the date of the 

17 last entry therein, and shall be open to the inspection of the licensing 

18 authorities, their agents and the police. Whoever violates any pro- 

19 vision of this section shall be punished by a fine of not less than one 

20 hundred nor more than five hundred dollars or by imprisonment for not 

21 more than three months, or both. 

1 Section 28. Every person conducting a lodging house shall within Order to keep 

2 twenty-four hours after he is ordered to da so by the licensing authorities mL'^g, § 7. 

3 keep a register. The said authorities may issue such order at any time, 

4 and sliall do so upon receipt of an affidavit of a commissioned officer of 

5 the United States army or navy or a police officer stating that the affiant 

6 knows or believes such lodging house is being used for immoral solicita- 

7 tion, immoral bargaining or immoral conduct. 

1 Section 29. No person shall write or cause to be written, or if in Penalty for 

2 charge of a register knowingly permit to be written, in any register in refeste^^tc" 

3 any lodging house or hotel any other or different name or designation 239^^88! Iss. 

4 than the true name or name in ordinary use of the person registering or 

5 causing himself to be registered therein. No person occupying such 



1718 



LICENSES. 



[Chap. 140. 



room shall fail to register or fail to cause himself to be registered. Who- 6 
ever violates any provision of this section shall be punished by a fine of 7 
not less than ten nor more than twenty-five dollars. 8 



Revocation, 
etc., of 
licenses. 
1918, 259, 5 9. 



Section 30. A license issued under sections twenty-two to thirty- 1 

one, inclusive, or an innholder's license, shall be revoked if at any time 2 

the licensing authorities are satisfied that the licensee is unfit to hold 3 

the license. They may suspend and make inoperative, for such period 4 

of time as they may deem proper, the licenses mentioned herein for any 5 

cause deemed satisfactory to them. The revocation and suspension shall 6 

not be made until after investigation and a hearing, or after giving the 7 

licensee an opportunity to be heard ; notice of the hearing shall be left at 8 

the premises of the licensee not less than three days before the time 9 

therefor. 10 



Posting of Section 31. All innholders, and all lodging house keepers who have 

1918, 259, 5 10. been ordered to keep a register, shall post in a conspicuous place near the 
register a notice, to be furnished by the licensing authorities, containing 
the provisions of sections twenty-seven and twenty-nine relating to the 
entry of names and residences in the register, together with the penalty 
provided for their violation. 



Record of SECTION 32. The clcrk of a court where anv person is convicted of a 1 

conviction to . . . ^ . ^ ^ , . ... 

be sent to Violation of any provision oi sections twenty-two to thirty-one, inclusive, 2 

authorities. shall forthwith scud a copy of the record of the conviction to the licensing 3 

■ authorities in the town where the offence occurred. 4 



Definition. 
Cubicles 
forbidden. 
1894. 414. § 1. 
1904, 242, 
§§ l.S. 
1911, 129. 
1915, 160, § 1. 



PUBLIC LODGING HOUSES. 

Section 33. In cities of over fifty thousand inhabitants every build- 1 

ing not licensed as an inn, in which ten or more persons are lodged free 2 

or for a charge of twenty-five cents or less for each person for a day 3 

of twenty-four hours, or for any part thereof, shall be deemed a public 4 

lodging house within the meaning of sections thirty-four to forty, in- 5 

elusive. No building or part thereof erected, altered or converted to 6 

be used as such a public lodging house shall have the sleeping compart- 7 

ments arranged on the cubicle plan. 8 



Licenses. 
Term, revo- 
cation, etc, 
1894, 414, 
§§ 2, 7. 
1904, 242, 
§§ 2, 7, 8. 



Section 34. The officer or board ha^'ing charge of the police in any 1 
such city may license persons to keep public lodging houses therein, and 2 
shall immediately revoke such license if the licensee violates any pro- 3 
vision of sections thirty-five to thirty-eight, inclusive. No fee shall be 4 
charged for such license, and, subject to section forty-nine of chapter 5 
one hundred and forty-three when applicable, it shall expire on the 6 
thirtieth day of April next after the granting of the same. Every such 7 
license sliall specify the street and number, if any, of the building where 8 
the business is to be carried on or give some other particular description 9 
thereof, and the license shall not protect a licensee who carries on his 10 
business in any other place. 11 



Inspection of 
means of 
escape from 
fire as pre- 
requisite. 



Section 35. No such license shall be granted in any such city until 1 
the inspector of buildings thereof, or the other officer or board having 2 
authority to administer the laws and ordinances in regard to the con- 3 



CH-YP. 140.] LICENSES. 1719 

4 struction of buildings therein, has certified that the buiidini;, if it has 1894,414,53. 

5 eight or more rooms or ten or more persons are accommodated above iss.'s. "' 

6 the second story, complies with the requirements of chapter one hundred ^^'''' ''^'^' ^ ^°' 

7 and forty-three, and in other cases is provided with sufficient means of lP«°a'ty' 5 *oi 

8 escape in case of fire, and that suitable ap[)iiances are provided for ex- 

9 tinguishing fires and for giving alarm to the inmates in ease of fire; and 

10 such officer or board may from time to time rerjuire such alterations to 

11 be made or such additional appliances to be provided as may in his or 

12 its judgment be necessary for the protection of life and property in case 

13 of fire. 

1 Section 36. No such license shall be granted in any such city until [."^^j"'*^™ ^^ 

2 the board of health thereof has certified that the building is provided ''™"'' »=. 

3 with a sufficient number of water closets and urinals and with good and is94,4i4, §4. 

4 suflScient means of ventilation; and the said board may from time to SM.'s. "' 

5 time require the licensee thoroughly to cleanse and disinfect all parts of iPenaity. § 40.1 

6 said building and the furniture therein to the satisfaction of such board. 

1 Section 37. In every public lodging house a register shall be kept fg^g^^'^f^ 5 

2 in which shall be entered the name and address of each lodger, together iso*! 242] 

3 with the time of his arrival and departure, and such register shall at all rp^^'^,, . .^g, 

4 times be open to the inspection of the police. 

1 Section 38. The keeper of every public lodging house shall at all purpfJrot 

2 times, when so required by any officer of the building department, of the '"g9''/''4\°4" . g 

3 health department, or of the police department, give him free access to i^oi. 242! 

4 said house or any part thereof. 

[Penalty, § 40.1 

1 Section 39. Whoever keeps or holds himself out as keeping a public Penalty for 

2 lodging house without being duly licensed as hereinbefore provided, and kfdging hoiSe" 

3 whoever is concerned or financially interested in any public lodging house, u"en°e.' " 

4 the keeper of which is not so licensed, shall be punished by a fine of not {Hf Jlf ^ ^• 

5 more than one hundred dollars. §§7.'8- 

1 Section 40. Any keeper of a public lodging house who violates any Penalty. 

2 provision of sections thirty-five to thirty-eight, inclusive, shall be punished 'got 242', ^ ^' 

3 by a fine of one hundred dollars. *^ ^' ®- 

INTELLIGENCE OFFICES. 

1 Section 41. Whoever, without a license therefor, establishes or Penalty for 

2 keeps an intelligence office for the purpose of obtaining or giving infor- unKLd 

3 mation concerning places of employment for domestics, servants or office'*™"*' 

4 other laborers, or for procuring or giving information concerning such G*|'|g°5y; 

5 persons for or to employers, or for procuring or giving information con- p®\?'foo-5 26 
G cerning employment in business, shall be punished by a fine of ten R l- 102, § 23. 

7 dollars for each day such office is so kept. 

1 Section 42. The licensing board in Boston, the license commission Licenses. 

2 in Lowell, the aldermen in other cities and the selectmen in towns, may, a''l.'l8°'§ 24.' 

3 for the purposes mentioned in the preceding section, grant licenses to If'f.'o.*'^' 

4 suitable persons, subject to sections two hundred and two to two hun- p*f'i^2,U'7- 

5 dred and five, inclusive, and may revoke them at pleasure. R- l- 102. 5 24. 

1902, 187, § 5. 1906, 291, § 4. 1911, 645. 



1720 



LICENSES. 



[Chap. 140. 



^cefve money SECTION 43. The keeper of an intelligence office shall not receive or 
menfis fI£-°^' ^"^^^P^ ^"y money from a person seeking employment through the 
nished. agcncv of such office, unless employment of the kind demanded is 

1894. ISO. § 1- J ■ , , ^ ' 

R. L. 102, § 25. lurnished. 

247 Mass. 589. 



Money to be 
refunded in 
certain cases. 
1894. ISO, § 2. 
R. L. 102. § 26. 
247 Mass. 589. 



Section 44. If a person who receives emplojTnent through the agency 1 

of an intelligence office is discharged by his employer within ten days 2 

after the time of entering upon such employment, and such discharge 3 

is not caused by iiis inability, incompetence, refusal to perform the 4 

work required or other fault, the keeper of such intelligence office shall 5 

on demand refund to him five sixths of the amount paid to such keeper 6 

by the employer on account of such employment. 7 



Statutes to be 
printed on 
licenses. 
Posting. 
1894. 180, § 3. 
R. L. 102. § 27. 



Section 4.5. City and town officers who are charged with the duty 1 

of granting licenses to keepers of intelligence offices sliall cause sections 2 

forty-three to fort.y-six, inclusive, to be printed on every such license. 3 

They shall al.so cause to be prepared and shall furnish to each keeper of 4 

a licensed intelligence office copies of said sections, printed upon card- 5 

board in type of a size not smaller than pica, and each licensee shall con- 6 

spicuously post three of said printed copies in each room occupied by 7 

him for the purpose of such intelligence office. 8 



Penalty. 
1894, 180, § 4. 
R. L. 102, § 28. 
1920, 216. 
189 Mass. 70. 



Section 46. If a keeper of an intelligence office violates any provi- 
sion of the three preceding sections, his license may be suspended or 
revoked by the licensing authorities mentioned in section forty-two and 
he shall be punished by a fine of not less than twenty-five nor more than 
fifty dollars. 



Licenses for 
cotTee houses, 
etc. Fee, 
term, etc. 
Penalty. 
1917. 23, 
§§1,2. 



miscellaneous provisions. 

Section 47. No coffee house, so called, or tea house or place of 1 

resort for refreshment where the principal business is or purports to be 2 

the sale of cofiFee or tea as a beverage shall be maintained in any town 3 

which accepts this section, or has accepted corresponding provisions of 4 

earlier laws, by a vote of a city council or by vote of a town at a town 5 

meeting, until a license therefor has been granted by the licensing 6 

authorities. The fee for the license shall be five dollars or such other 7 

sum as shall be fixed from time to time by the city council or selectmen. 8 

Licenses issued hereunder shall expire on May first following the date 9 

of issue, and may be revoked at any time by the licensing authorities. 10 

Whoever violates this section shall be punished by a fine of not more 11 

than one hundred dollars. 12 



Penalty for SECTION 48. Whoever directly or indirectly accepts or receives any 1 

gratuity given gratuity gi\'en to his employee for the checking of clothing shall be 2 
1918, 149, § 1. punished by a fine of not less than fifty dollars. 3 



Licenses for 
lunch carts. 
1908, 300. § 1. 
197 Mass. 199. 



Section 49. The street commissioners and the police commissioner 1 

of Boston, the aldermen of any other city, or the selectmen of any town 2 

may, if in tiieir opinion public convenience so requires, license any repu- 3 

table person, upon the payment of an annual license fee of not less than 4 

fift\' dollars, to maintain a vehicle for the sale of food in such part of any 5 

public way and during such hours as they may designate, provided that 6 



Chap. 140.] licenses. 1721 

7 public travel is not incommoded thereby. Any such license may be 

8 revoked by them at any time. 

1 Section 50. No license as aforesaid shall be granted to use any part Limitation on 

2 of a hitrliway the ivv in whicli is not owned by the town unless the owners wos, 36of § 2. 

3 of the land al)iitting on that part of the way con.sent in writing to the 

4 granting of the license. 

1 Section 50A. [Inserted, 1929, 1S7; repealed, 19;n, 173.] 

1 Section 51. No person shall practice manicuring or massage, or Manicuring. 

2 conduct an establishment for the giving of vapor baths for hire or reward, v!i1;''or baSs 

3 or advertise or hold himself out as being engaged in the business of i9'n,''443; § i. 

4 manicuring, massage or the giving of said baths without receiving a ^^'^' '^^' ^ ^• 

5 license therefor from the board of health of the town where the said 

occupation is to be carried on. The board of health may grant the license 
7 upon such terms and conditions, and may make such rules and regula- 
S tions in regard to the carrying on of the occupation so licensed, as it 

9 deems proper, and may rcxoke any license granted by it for such cause 

10 as it deems sufficient, and without a hearing; provided, that a person 

11 licensed to massage or to conduct an establishment for the giving of 

12 vapor baths in any town may, at the request of a physician, attend 

13 patients in any other town in the commonwealth without taking out 

14 an additional license. 

1 Section 52. Members of the police department of any town may Police may 

2 enter and inspect any premises in that town used for manicuring or Ig'u, 443"'^'' 

3 massage or the giving of vapor baths. 

1 Section 53. Whoever violates any provision of section fifty-one, or Penalty. 

2 any rule or regulation made under authority thereof, or prevents or '®'^' **^' ^ ^' 

3 hinders any member of a police force from exercising the authority con- 

4 ferred upon him by section fifty-two, shall be punished by a fine of not 

5 more than one hundred dollars or by imprisonment for not more than si.x 

6 months, or both. 

1 Section 54. Cities and towns by ordinance or by-law may provide Licenses of 

2 for the licensing, by the police commissioner in Boston, by the license j.'J"'' <*<'^''"'^' 

3 commission in Lowell, by the aldermen in other cities and by the select- §§^i^'2^4 

4 men in towns, of suitable persons to be collectors of, dealers in or keepers 9; |:^|^ 

5 of shops for the purchase, sale or barter of iunk, old metals or second is62.'205, § 2. 

6 hand articles, may make rules and regulations relative to their business, §§ 1.2. 

7 and may provide for the supervision thereof. Said licensing board or Rs'.'fo^i. 

8 officer may, except as otherwise provided in such ordinance or by-law, " if'102, 

9 make additional rules, regulations and restrictions which shall be ex- flol^ilV. 

10 pressed in all licenses. Said licenses mav be revoked at pleasure, and !,?,'• 5. ., ,, 

,,.,,. , . . I 1 1' 1 ■ , , , 1910, oo4. § 1. 

11 Shall be subject to sections two hundred and two to two hundred and 1011.645. 

,0 C • 1 • i xl ^ • ^- • ^- • 1915. 144, § 1. 

iZ nve, inclusive, except that societies, associations or corporations organ- i'ji7. 1.30. 

13 ized solely for religious or charitable purposes and their agents shall not iss^w i90*' 

14 be required to pay a fee for such licenses. 

189 Mass. 70. 220 Mass. 552. 256 Mass. 491. 4 Op. A. G. 633. 

1 Section 55. Whoever acts as a collector of, dealer in or keeper of a Penalty. 

2 shop for the purchase, sale or barter of junk, old metals or second hand g.^I; ||; | |v. 



1722 



LICENSES. 



[Chap. 140. 



1862, 205, § 3. articles without a license, or in any other place or manner than that 3 

R. 1/1*02,^^32. designated in his license or after notice to him that his license has been 4 

1910 554' § ^' revoked, or violates anv such rule, regulation or restriction, shall forfeit 5 

IK^il^^-t^'e-^ty dollars. ' 6 



Junk collector 
defined. 
1862, 205, § 1. 
P. S. 102, §29. 
1900. 416. § 3. 
R. L. 102, § 30. 
1902, 187, § 2. 



Section 56. A junk collector shall be deemed to be any person who 
by going from place to place collects by purchase or otherwise junk, 
old metals or second hand articles, whether or not by previous contract 
or arrangement. 

1910, 193. 1918, 291, I 19. 183 Mass. 196. 220 Mass. 552. 



License, when 
required. 
1919, 259, 
§§ 1, 14. 
1929, 238, § 2. 



SALE OF SECOND HANO MOTOR VEHICLES. 

Section 57. No person, except one whose principal business is the 1 

manufacture and sale of new motor vehicles but who incidentally ac- 2 

quires and sells second hand vehicles, or a person whose principal business 3 

is financing the purchase of or insuring motor vehicles but who inci- 4 

dentally acquires and sells second hand vehicles, shall engage in the 5 

business of buying, selling, exchanging or assembling second hand motor 6 

vehicles or parts thereof without securing a license as provided in section 7 

fifty-nine. 8 



Classes of 
licenses. 
1919, 259, § 2. 
1923, 30. 



Section 5S. Licenses granted under the following section shall be 1 

classified as follows: 2 

Class 1. Any person who is a recognized agent of a motor vehicle 3 

manufacturer or a seller of motor vehicles made by such manufacturer 4 

whose authority to sell the same is created by a written contract with 5 

such manufacturer or with some person authorized in writing by such 6 

manufacturer to enter into such contract, and whose principal business 7 

is the sale of new motor vehicles, the sale of second hand motor vehicles S 

being incidental thereto, may be granted an agent's or a seller's license. 9 

Class 2. Any person whose principal business is the buying and selling 10 

of second hand motor vehicles may be granted a used car dealer's license. 1 1 

Class 3. Any person whose principal business is the buying of second 12 

hand motor vehicles for the purpose of remodeling, taking apart or re- 13 

building the same, or the buying or selling of parts of second hand motor 14 

vehicles or tires, or the assembling of second hand motor vehicle parts 15 

may be granted a motor vehicle junk license. 16 



Licenses. 
Term, 
fees, etc. 
1919, 2.59, § 3; 
350, §§ 111, 
115. 



Section 59. The police commissioner in Boston and the licensing 1 

authorities in other cities and towns may grant licenses under this 2 

section which shall expire on January first following the date of issue 3 

unless sooner revoked. The fees for the licenses shall be fixed by the 4 

licensing board or officer, but in no case shall exceed fifty dollars. The 5 

license shall specify all the premises to be occupied by the licensee for 6 

the purpose of carrying on the licensed business. Permits for a change 7 

of situation of the licensed premises or for additions thereto may be 8 

granted at any time by the licensing board or officer in writing, a copy 9 

of which shall be attached to the license. All licenses granted under 10 

this section shall be revoked by the licensing board or officer if it appears, 11 

after hearing, that the licensee is not complying with sections fifty-seven 12 

to sLxty-nine, inclusive, or the rules and regulations made thereunder; 13 

and no new license shall be granted to such person thereafter, nor to any 14 

person for use on the same premises, without the approval of the registrar 15 



Chap. 140.] licenses. 1723 

IG of motor vehicles, in sections fifty-nine to sixty-six, inclusive, called the 
17 registrar. The hearing may be dispensed with if the registrar noti6es 
IS the licensing board or officer that a licensee is not so complying. 

1 Section GO. The registrar mav from time to time make rules and R"'" relative 

^ 1 . . .1 • * nf • .... to purchase, 

2 regulations consistent with sections ntty-seven to sixty-nine, inclusive, "c. of second 

3 relative to the purchase, sale or exchange of second hand motor vehicles vehicles. 

4 or parts thereof. Such rules and regulations shall be subject to approval, § I'l;' Iso. 

5 and shall take effect, in the manner provided by section six of chapter ^^ "^' ^'^' 

6 sixteen. 

1 Section G1. All second hand motor vehicles or parts thereof pur- vehicles or 

2 chased or taken in exchange by any licensee under class two or three of J^epUor four 

3 section fifty-eight, or left on the premises of any such licensee for the pur- MptTon.^"" 

4 pose of sale, exchange or assembly, shall be retained on the premises for ^*'^' ^^^- ^ *■ 

5 four days unless the licensee receives the notice provided for in section 

6 sixty-four. 

1 Section 62. Every licensee shall keep a book, in such form as shall contents""''' 

2 be approved by the registrar, in which, at the time of the purchase, sale, ojo^.?^^' ^ *• 

3 exchange, or receipt for the purpose of sale, of any second hand motor us' 

4 vehicle or parts thereof, shall be legibly written in the English language 

5 an account and description of such motor vehicle or parts, with the 
G name and address of the seller, of the purchaser, and of the alleged owner 

7 or other person from whom such motor \ehicle or parts were purchased 

8 or recei\ed or to whom they were deli\ered, as the case may be. Such 

9 description, in the case of motor vehicles, shall also include the engine 

10 number, if any, the maker's number, if any, chassis number, if any, and 

11 such other numbers or identification marks thereon as shall be required 

12 by the registrar, and shall also include a statement that a number has 

13 been obliterated, defaced or changed if such is the fact. 

1 Section 63. Every licensee under classes two or three of section Daily or 

2 fifty-eight shall send daily by mail to the registrar a list, on blanks pre- by'iicensees'^'^ 

3 scribed by him, of the second hand motor vehicles or parts thereof pur- 35a '§fui^ ®' 

4 chased or sold by him or stored for the purpose of sale during the preced- ' '* 

5 ing twenty-four hours. A copy of such list shall also be sent daily in 

6 Boston to the police commissioner and in other cities and towns to the 

7 local chief of police. Every licensee under class one shall send the said 

8 list weekly, covering a period of seven days. 

1 Section 64. The police commissioner of Boston, the chief of police Police 

2 of any other city, the selectmen of a town, or any officer authorized mayTaVvethe 

3 by them, and any agent or inspector of the registrar may, by written qulfe^ent"" 

4 notice, release any person licensed under section fifty-nine, or any per- gso^ss^®;,^ '"• 

5 son described in the following section, from retaining any second hand us! 

6 vehicle or part thereof for the period jjrescribed in section sixty-one or 

7 sixty-five. Upon receipt of such notice such licensee or person shall be 

8 deemed to have complied with said sections. 

1 Section 65. Any person not licensed under section fifty-nine, selling Notice of pro- 

2 or offering to sell any motor vehicle, except to a licensee under class qmre/by an" 

3 one of section fifty-eight or a person exempted by section fifty-seven, shall. 



unlicensed 
t, person. 



1724 



LICENSES. 



[Chap. 140. 



1919,259, § 11; 
350, H 111, 
115. 



at least four days before such sale, notify in writing the registrar and the 4 

chief of police or selectmen in the city or town where the sale is to be 5 

made, or, if in Boston, the police commissioner, unless he has secured a 6 

release as provided in the preceding section. Such notice shall contain 7 

all the information required by law to be set forth in an application for 8 

the registration of motor vehicles in the commonwealth, with the names 9 

and addresses of the \'endor and vendee. 10 



Certain _ 
authorities 
may enter 
licensed 
premises. 
1919,259, §5; 
350, §§ 111, 
115. 
1923, 218. 



Section 66. The commissioner of public safety, the police com- 1 

missioner in Bo.ston, the chief of police of any other city, the selectmen 2 

of a town or any police officer authorized by any of said officials, or an 3 

agent or inspector of the registrar may at any time enter upon any 4 

premises used by any person licensed under section fifty-nine for the 5 

purpose of carrying on his licensed business, ascertain how he conducts 6 

the same, and examine all second hand motor vehicles or parts thereof 7 

kept or stored in or upon the premises, and all books, papers and in- 8 

ventories relating thereto. 9 



Penalty for 

refusal to 

allow entry, 

etc. 

1919, 259, § 6. 



Section 67. A licensee under section fifty-nine, or a clerk, agent or 1 

other person in charge of the licensed premises, who refuses to admit 2 

thereto an officer authorized to enter the same, or who fails to exhibit to 3 

him on demand all such motor vehicles, parts thereof, and books, papers 4 

and inventories relating thereto, and any person who wilfully hinders, 5 

obstructs or prevents such officer from entering the premises or from 6 

making the examination authorized in the preceding section, shall be 7 

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

ment for not more than one year, or both. 9 



Penalty for 

doing business 

witliout 

license. 

1919, 259, § 7. 



Section 68. Whoever, not being licensed, carries on the business 1 

for which a license is required by section fifty-seven, or is concerned 2 

therein, or, being licensed, carries on such business or is concerned therein 3 

in any other place or manner than that designated in his license, or after 4 

notice to him that his license has been revoked or suspended, shall be 5 

punished by a fine of not more than one hundred dollars. 



Penalties for 

breach of 

rules. 

1919, 259. 5 13 

350, §§ 111, 

115. 

1931,426, 

§245. 



Section 69. Whoever violates any provision of sections fifty-seven to 
sixty-eight, inclusive, or any rule or regulation made by the registrar 
under section sLxty, unless a penalty other than the revocation of a 
license is prescribed therefor elsewhere in said sections, shall be punished 
by a fine of not more than five hundred dollars or by imprisonment for 
not more than one year, or both. 



Licenses. 
1855, 121, 
G. S. 88, 
§§ 28, 29. 
1876, 147, 
§§ 1,2. 
1880, 84, 5 
P. S. 102, i 
1885, 323, 
R. L. 102, 
1902, 187, 
1906, 291, 
1909, 221. 



§1. 



1. 

l32. 
§2. 
§33. 
§5. 



PAWNBROKERS. 

Section 70. The police commissioner of Boston, the license com- 
mission of Lowell, the aldermen of any other city, or the selectmen of 
any town, if ordinances or by-laws therefor have been adopted in such 
city or town, may license suitable persons to carry on the business of 
pawnbrokers in such city or town, subject to sections two hundred and 
two to two hundred and five, inclusive, and may revoke such licenses at 



^ ^°- pleasure. 



1911, 645. 



189 Mass. 70. 



206 Mass. 430. 



ClL\r 140.] LICENSES. 1725 

1 Section 71. Articles deposited in i)a\vii with a licensed pawnbroker Pawnbrokers 

2 shall, unless redeemed, be retained by him on the premises occupied art^cKlour 

3 by him for his business for at least four months after the date of deposit, E™epti'on.'^' 

4 if not of a perishable nature; and, if perishable, for at least one month p^^I ' ml ' § 33 

5 after said date. After such date, he may .sell the .same by public auction, }**''j'' ^^4. 

G apply the [jroceeds thereof in .satisfaction of the debt or demand and the i'J7 Mass! 107.' 

7 expense of the notice and sale, and pay any surplus to the person enti- 

8 tied thereto on demand. No article taken in pawn by such pawnbroker 

9 exceeding twenty-five dollars in value shall be tlisposed of otherwise 

10 than as above provided, any agreement or contract between the parties 

1 1 thereto to the contrary notwithstanding. Articles of personal apparel 

12 shall not be deemed to be of a perishable nature within the meaning of 

13 this section. 

1 Section 72. The authorities which issue such licenses may fix the Rate of 

2 rate of interest which such pawnbrokers may receive on loans, and may tefimlted*^ 

3 fix different rates which may be received for different amounts of money fs^.'^iM, 1 2. 

4 lent; and no licensed pawnbroker shall charge or receive a greater rate ^ '1; ^^^4 i^^j 

5 of interest than that so fixed. Any such pawnbroker who violates any f^j '^'f^Q ^-^Ij 

6 provision of this or the preceding section shall be punished by a fine of 

7 not more than fifty dollars. 

1 Section 7.3. The chief of police of a city, the selectmen of a town, officers may 

2 any officer authorized by either of them, or a state police officer may broke?tshop, 

3 at any time enter upon any premises used by a licensed pawnbroker for 1377, ,85, 5 1 

4 the piu-poses of his business, ascertain how he conducts his business, fgsl 243'^^^ 

5 and examine all articles taken in pawn or kept or stored in or upon said R- ^ 102. § 36. 

6 premises and all books and inventories relating thereto. Every such 

7 pawnbroker, his clerk, agent, servant or other person in charge of the 

8 premises shall exhibit to such officer on demand any or all of such articles, 

9 books and inventories. 

1 Section 74. A licensed pawnbroker, clerk, agent or other person in Penalty for 

2 charge of such premises who refuses to admit thereto an officer authorized Ld'mit°lffi?er. 

3 to enter the same, or who fails to exhibit to him on demand all such p^^'iol'lse 

4 articles, books and inventories, and any person who wilfully hinders, R- ^- 1^^' 5 37. 

5 obstructs or prevents such officer from entering the premises or from 

6 making the examination authorized in the preceding section, shall be 

7 punished by a fine of not more than two hundred dollars or by imprison- 

8 ment for not more than one year, or both. 

1 Section 75. ^^^loever, not being licensed, carries on such business Penalty for 

2 or is concerned therein within such town, or, being licensed, carries on firensl"*^'"'""' 

3 such business or is concerned therein in any other place or manner than §§^3'4^^' 

4 that designated in his license or after notice to him that his licen.se has pfi^^i U"- 

5 been revoked shall be punished bv a fine of not more than fiftv dollars. R l. 102, § ss. 

^ ' ' 197 Mass. 107. 



Loans on 



1 Section 76. No person shall, in any city or in any town of ten i.o 

2 thousand or more inhabitants, engage in or carry on the business of propCTty.when 

3 loaning money upon mortgages, deposits or pledges of wearing apparel, "895,''497; 5 1, 

4 jewelry, ornaments, household goods or other personal propertv, or of JlA,'°-' H^- 

r 1. I ,.. ,.,,..,■. ' . 1(6 Mass. 290. 

o purchasing such property on condition of selling it back again at a stip- 206 Mass. 430. 
G ulated price, unless he is licensed as a pawnbroker; but this and the six (Penalty. 5 82.1 



1726 



LICENSES. 



[Chap. 140. 



following sections shall apply only if such property is deposited with the 7 

lender, and shall not apply to loans made upon stock, bonds, notes or 8 

other written evidences of ownership of property or of indebtedness to 9 

the holder or owner of anv such securities. 10 



Bond""^ ''°™^''' Section 77. The fee for a license as a pawnbroker or renewal thereof 

R ^L 102 1 40 shall be fifty dollars, but if a license is issued on or after November first 

1905,415! in any year the fee shall he twenty-five dollars. The licensee shall, at 

[Penalty, § 82] the time of receiving such license, file with the authorities who issue the 

license a bond to such city or town, in the sum of three hundred dollars, 

with two sureties approved by such authorities, and conditioned for the 

faithful performance of the duties and obligations pertaining to the 

business so licensed. 



fslsl'fg^l's. Section 78. The authorities who grant licenses to pawnbrokers 
i9n' ySf' I 'i' shall establish regulations, to the satisfaction of the commissioner of 
4 Op! AG. 562. banks, relative to the business carried on and the rate of interest to be 
(Penalty, §82.) charged by them, and a pawnbroker shall not charge or receive upon any 
loan a greater rate of interest than that fixed by the licensing authorities. 



Pawnbrokers 
to keep record 
of pledges, etc. 
1895, 497, § 4. 
R. L. 102, § 42. 
1907, 211, § 1. 
197 Mass. 218. 

[Penalty, §82.) 



Section 79. Every pawnbroker shall keep a book in which, at the 1 

time of making a loan, shall be legibly written in the English language 2 

an account and description, including all distinguishing marks and 3 

numbers, of the articles pawned, the amount of money loaned thereon, 4 

the time of pawning them, the rate of interest to be paid on such loan, 5 

and the name and residence of the person pawning such articles, and 6 

shall furnish a correct record of such transactions, containing all such 7 

information, once a week, or oftener if required, to the licensing authori- 8 

ties or to any person designated by them. 9 



Memorandum 
to pledgor. 
1895, 497, § 5. 
R. L. 102, § 43, 
197 Mass. 218. 



Section 80. Every such pawnbroker shall, at the time of making 
such loan, deliver to the person who pawns any article a memorandum 
or note signed by him and containing the substance of the entry required 
[Penalty, § 82.) by the preceding section. No charge shall be made or required by any 
pawnbroker for such entry, memorandum or note. 



Books to be 
open to in- 
spection. 
1895, 497, § 
1898, 515. 
R. L. 102, § 



44. 



[Penalty, § 82.] 



Section 81. Said book shall at all reasonable times be open to the 
inspection of the mayor, of the members of the board of police, of the 
superintendent of police and deputy superintendents, of the chief in- 
spector of police, of any officer of the state police or of any person author- 
ized by them in writing for that purpose who exhibits such written 
authority to such pawnbroker. 



r895'497, § 7 Section 82. Whoever violates any provision of the six preceding 
R. L. 102, § 45. sections shall be punished by a fine of not less than fifty nor more than 

three hundred dollars or by imprisonment for not more than two months, 

or both. 



Record of 
amount loaned 
on tools, etc. 
1907, 500, § 2. 

[Penalty, § 84.) 



Section 83. When a licensed pawnbroker buys or takes in pawn any 
tool such as is used by contractors, builders or mechanics, he shall enter 
in a book kept for that purpose a description of the same and the amount 
paid for or loaned upon the same, and shall cause the person offering such 
tool for sale or for pawn to sign his name and address therein. The 



Chap. 140.] licenses. 1727 

G pawnbroker shall also write therein the name and address of the said 
7 person. 

1 Section 84. Any person thus offering any tool for pawn or for sale Penalty. 

2 who signs a wrong name or address shall be punished by a fine of not '®°^'^°°' ' • 

3 more than one hundred dollars or by imprisonment for not more than 

4 six months. Any pawnbroker who knowingly writes the wrong name 

5 or address of a per.son thus offering a tool for sale or for pawn, or know- 
() ingly permits the signing of such wrong name or address, shall be fined 
7 one hundred dollars for the first offence, and upon a second offence his 
S license shall be revoked, and he shall not be permitted to conduct the 
9 business of pawnbroker in the commonwealth for one year. 

1 Skction 85. The provisions of sections eightv-six to one hundred and Sections 86-112 

.... , ',, , ,. Ill notappbcable 

2 twelve, mclusive, shall not apply to licensed pawnbrokers. to licensed 

pawnbrokers. 
1890, 416, §§ 1, 6. 1S92, 42S, § 6. 1898. 577, § 11. R. L. 102. 5 46. 

LO.'tNS. 
1 Section 86. Every person who is engaged in the business of making Loans on 



collateral 
security of 



loans on collateral security represented by household goods, wearing 11 

3 apparel, watches, diamonds, jewelry or other articles of personal use or goodsl'etc., 

4 ornament, or on notes secured by pledge or mortgage of any such prop- iggo^lig' 

5 erty, and with whom such property is deposited, or who purchases such |^5 1- 2 

6 property on condition of selling it back again at a stipulated price, or 211 Mass! 72. ' 

7 who pays or advances money thereon under such circumstances that 

8 it may be inferred from the character of the transaction that such prop- 

9 erty may afterward be redeemed, shall keep a book in which, for the 

10 purpose of identification, shall be recorded at the time of each loan or 

11 transaction a full and accurate description of the articles pledged or 

12 deposited, with any designating numbers or marks and also the name 

13 and residence of the borrower or depositor, and each transaction shall be 

14 specifically numbered in said book. He shall also give to each borrower 

15 or depositor a receipt, ticket or card, numbered to correspond with the 

16 number of the transaction on said book, inscribed with the name of the 

17 lender, the article pledged, the description of the property as above 

18 required, the name of the borrower or depositor, the amount of the loan, 

19 the date when made and the date when payable. 

1 Section 87. Said book shall at all times be open to the inspection Record book 

2 of the police commissioner and of the superintendent and chief inspector 'nspecK. '° 

3 of police of Boston, of the commissioner of public safety, and of the be°e''x'hiStl°d. 

4 chief of police and selectmen of their respective cities or towns, or of an {*^{j' {J,!' | fg 

5 oflicer specially authorized by any of them in writing for that purpose, I'Joe. 201,' 5 10. 

6 who exhibits such written authority; and the property described in said 

7 book shall on demand be exhibited to said officers. 

1 Section 8S. If it appears to any of the officers mentioned in the stolen articles 

2 preceding section that any articles which have been pledged under sec- 5'sposition. 

3 tion eighty-six have been stolen, he may give written notice to the Jf" l' jqI; | 49. 

4 pledgee to hold such articles, and they shall thereafter be held by the 

5 pledgee for sLxty days unless said notice shall be recalled in writing by 

6 the oflficer giving it, and be subject to inspection and examination at all 

7 reasonable times; and they shall be produced, upon notice or summons 



1728 



LICENSES. 



[Chap. 140. 



by the district attorney or other prosecuting officer, before any court or 8 

grand jury if the question of the larceny of the same is under investiga- 9 

tion, and said pledgee shall not be liable in damages or otherwise on 10 

account of such detention. 11 

Penalty for SECTION 89. Every person engaged in the business mentioned in 1 

inspection etc. gection cighty-six, his agent or other person in charge thereof, who fails 2 

R. L. 102'. § 50. or refuses to allow the inspection of the book, or who wilfully hinders, 3 

obstructs or prevents said officers from inspecting the book or examining 4 

the property as provided in section eighty-seven, or who wilfully \iolates 5 

any other provision of the three preceding sections, shall be punished by 6 

a fine of not more than two hundred dollars or by imprisonment for not 7 

more than one vear, or both. 8 



Loans of U 
than one 
thousand 
dollars. 
1S88, 388. 
1892, 428, 
R. L. 102, 
148 Mass. 
160 Mass. 
163 Mass. 
165 Mass. 
170 Mass. 
208 Mass. 
211 Mass. 
217 Mass. 
247 Mass. 
270 Mass. 



U. 

§51, 

231. 

237. 

322. 

258. 

517. 

84. 

72. 

144. 

589. 

565. 



Section 90. A loan of less than one thousand dollars shall be dis- 
charged upon payment or tender by the debtor of the principal sum 
actually borrowed, with interest at the rate of eighteen per cent per 
annum from the time said money was borrowed, and a sum not exceed- 
ing fi\e dollars for the actual expenses of making and securing the loan; 
but the lender shall be entitled to interest for six months at said rate if 
the debt is paid before the expiration of that period. All payments in 
excess of said rate shall be applied to the discharge of the principal, and 
the borrower shall be obliged to pay or tender only the balance of the 
principal and interest, at said rate, due after such application. This 
section shall not affect any loan made at a less rate than eighteen per 11 
cent per annum, nor shall it affect so much of section three of chapter 12 
one hundred and seven as provides that if there is no agreement for a 13 
different rate the interest of money shall be at the rate of six dollars 14 
upon each hundred dollars for a year. 15 



Loans secured 
bv pledge, etc. 
1892, 428, § 2. 
R. L. 102. § 52. 
170 Mass. 517. 
208 Mass. 84. 
248 Mass. 225. 



1 

2 
3 

4 
5 
6 

7 

8 

9 

10 



Section 91. If a loan of less than one thousand dollars is secured 
by a mortgage or pledge of personal property, the mortgagee or pledgee 
shall discharge such mortgage and restore such pledge upon payment 
or tender to him of the amount legally due under the preceding section, 
and such payment or tender may be made by the debtor or by a person 
having an interest in the property mortgaged or pledged. 



Certain small 
mortgages of 
household 
furniture 
regulated. 
1892, 428, § 3. 
R. L. 102. § 53 
165 Mass. 304. 
186 Mass. 140. 
194 Mass. 585. 
198 Mass. 315. 



Section 92. A mortgage of household furniture on which interest 
is charged at the rate of eighteen per cent or more per annum, made to 
secure a loan of less than one thousand dollars, shall not be valid unless 
it states with substantial accuracy the amount of the loan, the time for 
which the loan is made, the rate of interest to be paid, and the actual 
expense of making and securing the loan, nor unless it contains a provi- 
sion that the debtor shall be notified, in the manner provided in section 
five of chapter two hundred and fifty-fi\e, of the time and place of any 
sale to be made in foreclosure proceedings at least seven days before 
such sale. 



9 
10 



Notice to 
foreclose cer- 
tain personal 
property 
mortgages. 
1892, 428. § 4. 
R. L. 102, § 54 
231 Mass. 357. 



Section 93. A notice of intention to foreclose a mortgage of personal 
property given to secure loans of less than one thousand dollars, under 
sections five and eight of chapter two hundred and fifty-five, shall not 
be valid unless it expressly states where such notice is to be recorded, 
and that the right of redemption will be foreclosed sixty days after such 
recording. 



Chap. 140.] licenses. 1729 

1 Section 94. Whoever refuses or neglects, after request, to return a i.iabiutyfor 

2 note or otlier evidence of a loan which is discharged or entitled to be |"'^nnote. 

3 discharged under section ninety, or to discharge a mortgage or to restore d'ac'harg" 

4 the property held as a pledge as provided in section ninety-one, shall be ^Iga'^ilo .- 

5 liable in tort to the borrower for ail damages resulting to him from any K- l! 102', i 55. 
G violation of this section or section ninety-one. 

1925, 143. 248 Mass 225 

1 Section 95. The five preceding sections shall not apply to any loan Limitation of 

2 of three hundred dollars or less made by a person who holds a license Jc'tions';'^'^''* 

3 under sections ninety-six to one hundred and thirteen, inclusive, nor Isi!"; tis! I o' 

4 afl'cct section seventy-two of this chapter or section four of chapter r*®l! 102'. 1 ia 

5 two hundred and fifty-five. 

1 Section 96. Xo person shall directly or indirectly engage in the Business of 

2 business of making loans of three hundred dollars or less, if the amount I'Sans'^defin'ed 

3 to be paid on any such loan for interest and expenses exceeds in the isgg^lr/!'?! 

4 aggregate an amount equivalent to twelve per cent per annum upon the fgog; lot; | " 

5 sum loaned, without first obtaining from the commissioner of banks, IgU'eyl'll 

6 in sections ninetv-six to one hundred and fourteen, inclusive called the isis! 347! § i. 

„ . ■ ",. . ii ■ 1 1 • ■ , ■ , 176 Mass. 19 

/ commissioner, a license to carry on the said business in the town where 223 Mass. 311. 

8 the business is to be transacted. When an application for a loan or for 247 MaS: .589: 

9 an endorsement or guarantee or for the purchase of a note is made by ^''^ ^^^^' ^^" 

10 any person within this commonwealth, and the money is advanced or the IP''"''">'' * i03.| 

11 endorsement or guarantee is made or furnished by any person without 

12 this commonwealth, the transaction shall be deemed a loan made within 

13 this commonwealth, and such a loan and the parties making it shall be 

14 subject to sections ninety-six to one hundred and thirteen, inclusive. The 

15 buying or endorsing of notes or the furnishing of guarantee or security for 

16 compensation shall be considered to be engaging in the business of making 

17 small loans within said sections. In prosecutions under said sections, 

18 the amount to be paid upon any loan of three hundred dollars or less for 

19 interest or expenses shall include all sums paid or to be paid by or on be- 

20 half of the borrower for interest, brokerage, recording fees, commissions, 

21 services, extension of loan, forbearance to enforce payment, and all other 

22 sums charged against or paid or to be paid by the borrower for making or 

23 securing directly or indirectly the loan, and shall include all such sums 

24 when paid by or on behalf of or charged against the borrower for or on 

25 account of making or securing the loan, directly or indirectly, to or by 

26 any person, other than the lender, if such payment or charge was known 

27 to the lender at the time of making the loan, or might have been ascer- 

28 tained by reasonable inquiry. Any person directly or indirectly engag- 

29 ing in the business of negotiating, arranging, aiding or assisting the bor- 

30 rower or lender in procuring or making loans of three hundred dollars or 

31 less, for which the amount paid or to be paid for interest and expenses, 

32 including all amounts paid or to be paid to any other party therefor, 

33 exceeds in the aggregate an amount equivalent to twelve per cent per 

34 annum, whether such loans are actually made by such person or by an- 

35 other party, shall be deemed to be engaged in the business of making 

36 small loans, and shall be subject to sections ninety-six to one hundred 

37 and twelve, inclusive. 

1 Section 97. The commissioner shall from time to time establish Regulations. 

2 regulations respecting the granting of licenses and the business carried im'sf?!'?'?.' 



1730 



LICENSES. 



[Chap. 140. 



R. L. 102, § 61. on by the licensees, and by loan companies and associations established .3 

i9ii! 727,' §4' by special charter. He shall either personally or by such assistants as 4 

1919, 350, § 49. j^g jj^^y designate, at least once a year and oftener if he deems it neces- 5 

(Penalty, § 103.) gary, investigate the affairs of such licensees, companies and associations, 6 

and for that purpose shall have free access to the vaults, books and 7 

papers thereof, and shall ascertain the condition of the business and 8 

whether it has been transacted in compliance with the law and the regu- 9 

lations made hereunder. The commissioner may cause an examination 10 

of the said books and business to be made by an accountant whom he 11 

may select, and the cost of any such examination shall be paid by the 12 

person whose books are so examined. 13 



Returns to 
commissioner. 

1911. 727, 
§§1, S. 

1912, 675, § 1. 

[Penalty, § 103.) 



Section 98. All persons required by sections ninety-six to one hun- 1 

dred and fourteen, inclusive, to be under the supervision of the com- 2 

missioner shall annually on November first make a return to him in 3 

the form of a trial balance of their books at the close of business on 4 

September thirtieth preceding, and shall specify the different kinds of .5 

liabilities and the different kinds of assets, with such other information 6 

as may be called for by the commissioner in accordance with a blank form 7 

to be furnished by him. The commissioner shall make an annual report 8 

and shall forward therewith a copy of such returns or so much thereof 9 

as he may deem necessary. 10 



Examination 
of licensees. 
Penalty. 
1911, 727, § 6. 



Section 99. The commissioner may summon said licensees, com- 1 

panics or associations, or any of their agents or employees, and such 2 

other witnesses as he deems necessary, and examine them relative to 3 

their transactions and to the condition of their business, and for that 4 

purpose may administer oaths. Whoever without justifiable cause re- 5 

fuses to appear and testify when so required, or obstructs the commis- 6 

sioner or his representatives in the performance of their duties, shall be 7 

punished by a fine of not more than five hundred dollars or by impris- 8 

onment for not more than six months, or both. 9 



Rate of 
interest. 
1898, 577, § 5. 
R. L. 102, § 61. 
1908, 605, § 2. 
1911, 727, § 7. 
1916, 224. 
247 Mass. 589. 

(Penalty, § 103.) 



Section 100. He shall establish the rate of interest to be collected, 
and in fixing said rate shall have due regard to the amount of the loan, 
and the nature of the security', and the time for which the loan is made; 
but the total amount to be paid on any loan for interest and expenses 
shall not in the aggregate exceed an amount equivalent to three per cent 
a month on the amount actually received by the borrower, computed 
on unpaid balances; and no licensee or company or association to which 
sections ninety-six to one hundred and twehe, inclusive, apply shall 8 
charge or receive upon an.^■ loan a greater rate of interest than that fixed 9 
by the commissioner. No charge, bonus, fee, expense or demand of any 10 
nature whatsoever, except as above provided, shall be made upon loans 11 
to which said sections relate. 12 



Term and 
form of 
license. 
Posting. 
1911, 727. § i 



Section 101. Licenses granted by the commissioner shall be for a 1 

period of one year from October first. Each license shall plainly state 2 

the name of the licensee, and the city or town, with the name of the street, 3 

and the number, if any, of the place where the business is to be carried 4 

on, and shall be posted in a conspicuous place in the office where the 5 

business is transacted. 6 



Chap. 140.] licenses. 1731 



1911, 727, i 9. 



1 Section 102. The fee for all licenses granted under section ninety- Fees. 

2 six shall be not less than one hundred dollars. If the licensee desires 
•S to carry on business at more than one place he shall procure a license 
4 for each place where the business is to be conducted. 

1 Section 103. Any person violating any provision of sections ninety- Penalty for 

2 six to ninety-eight, inclusive, and one hundred to one hundred and nine, §i9o-98. 

3 inclusive, or any regulation made thereunder, or any rule or order made certain ioa'ns 

4 by the commissioner, shall be subject to a fine of not more than five iggs^s'fy. | lo. 

5 hundred dollars, and the license may be suspended or revoked by the f^^^- ^°f 5 66. 

6 commissioner. Any loan upon which a greater rate of interest or expense n^*. s.^^ ^^ 

7 is charged or received than is allowed by sections ninety-six to one hun- 1912! 675,' 5 3. 

8 dred and eleven, inclusive, and the regulations made thereunder, may be 269 Mass! 232! 

9 declared void by the supreme judicial or superior court in equity upon 
10 petition by the person to whom the loan w-as made. 

1 Section 104. A license under section ninety-six shall not be granted fo^^'a^mTng** 

2 until the applicant has filed with the commissioner a statement on R^ljo^tfon. 

3 oath, which in the case of a corporation or association may be made by }|^£' ^^^' \f^ 

4 the president or agent thereof in charge of the business, stating the place i9ii, 727,' § 11. 

5 in the town where the business is to be carried on, the name and the [Penalty, § 103.I 

6 private and business address of the applicant, and in the case of a cor- 

7 poration the state under the laws of which it is organized, and the name 

8 and private address of the clerk or secretary and of the agent or other 

9 officer having charge of its proposed business, nor until the applicant, 

10 unless excused by the commissioner, files with him a power of attorney, 

11 appointing a person satisfactory to the commissioner to be his attorney, 

12 upon whom all lawful process may be served in any action or proceeding 

13 arising under sections ninety-six to one hundred and twelve, inclusive, 

14 with the same effect as if served upon the licensee. If any change occurs 

15 in the name or address of a licensee or of the clerk, secretary or agent 

16 aforesaid of any licensed corporation, or in the place where the licensed 

17 business is carried on, or in the membership of any partnership licensed 

18 under said sections, a true and full statement of such change, sworn to 

19 in the manner required by this section in the case of the original state- 

20 ment, shall forthwith be filed with the commissioner, who may after a 

21 hearing revoke the license. 

1 Section 10.5. No license shall be issued under section ninety-six until f8°g°'| 577, 5 3. 

2 the licensee gives to the state treasurer a bond in the sum of five thousand f^^^ ^^|' | ^^■ 

3 dollars, executed by the licensee and by a surety company approved by 

4 the commissioner, conditioned upon the faithful performance by the 

5 licensee of the duties and obligations pertaining to the business so licensed 

6 and the prompt payment of any judgment recovered against him or for 

7 which he may be liable under sections ninety-six to one hundred and 

8 eleven, inclusive, but no suit at law or in equity shall be begun against 

9 the sureties on such a bond within thirty days after judgment against 

10 the licensee. If in any case at law or in equity against the licensee 

1 1 under sections ninety-six to one hundred and eleven, inclusive, it appears 

12 that the plaintiff is entitled to judgment or decree, except for proceed- 

13 ings in bankruptcy or insolvency, or the discharge therein of the licensee, 

14 the court may at any time, on motion, enter a special judgment or decree 

15 for the plaintiff for the amount of his debt, damages and costs, or for 



1732 



LICENSES. 



[Chap. 140. 



such other relief as he may be entitled to; and the said bond shall be 16 
conditioned upon the payment of any such special judgment and upon 17 
compliance with any such decree. Whoever is aggrieved by a breach 18 
of the condition of such a bond may sue thereon at his own expense and 19 
in his own behalf, but in the name of the obligee; and if judgment shall 20 
be entered for the defendant for costs, execution therefor shall issue 21 
against the person for whose benefit the suit is brought, as if he were 22 
the plaintiff of record, but not against the obligee. In such a suit like 23 
proceedings shall be had as in a suit by a creditor on an administration 24 
bond. The commissioner may at any time require the licensee to file 25 
an additional bond of like nature and with like effect, and to give full 26 
information as to all judgments recovered or suits pending on his bond. 27 
Upon failure to file any bond so required, the license shall be revoked. 28 



Recovery of 
illegal interest. 
1898, 577, § 6. 
R. L. 102, § 62. 
1911,727, § 13. 
1912, 675, § 4. 
223 Mass. 311. 

[Penalty, § 103.] 



Section 106. If a greater rate of interest or amount for expenses 1 
than is allowed under sections ninety-six to one hundred and eleven, 2 
inclusive, has been paid on any loan to which said sections apply, the 3 
person who paid it may file a complaint with the commissioner, who 4 
may, after a hearing, order such excess amounts refunded, or may make 5 
such other order as he may deem necessary. The filing of the complaint 6 
and the decision of the commissioner shall not affect the right of the 7 
complainant under section one hundred and three, who may, in an action 8 
of contract or suit in equity, recover back the amount of the unlawful 9 
interest or expenses, with twice the legal costs, if such action or suit is 10 
brought within two years after the time of payment. 11 



Section 107. If a loan to which sections ninety-six to one hundred 



Mortgage, etc., 

discharged and clcven, inclusive, apply is secured by a mortgage or pledge of per- 
of loan. sonal property or by an assignment of wages, the mortgage shall be dis- 

R. l'. 102', § 63. charged, the pledge restored or the assignment released upon payment or 
1911, 727, § 14. ^pj^(]gp pf |-}jg amount legally due under said sections; and such payment 
[Penalty. § 103.) ^j. tgjjder may be made by the debtor, by any person duly authorized by 



him, or by any person having an interest in the property mortgaged or 
pledged or in the wages assigned. Whoever refuses or neglects, upon 
request, to discharge a mortgage, release an assignment or restore a 
pledge to the party entitled to receive the same, after payment of the 10 
debt secured thereby or the tender of the amount due thereon as afore- 1 1 
said, shall be liable in tort to the borrower for all damages thereby 12 
sustained by him. 13 



Validity, fore- SECTION 108. A mortgage or pledge of personal property, or an as- 
of such mort- sigumcut 01 or Order tor wages or salary to which sections nmety-six to 
1898', 577, § 8. ouc hundred and eleven, inclusive, apply, shall not be valid unless it 
i9ii; 727,' § 15! states with substantial accuracy the actual amount of the loan, the time 



[Penalty, § 103.] for which the loan is made, the rate of interest to be paid, and the expense 
of making and securing the loan, if any; nor unless it contains a provi- 
sion that the debtor shall be notified, in the manner provided in section 
five of chapter two hundred and fifty-five, of the time and place of any 
sale to be made in foreclosure proceedings at least seven days before 
such sale. A notice of intention to foreclose under the provisions of 10 
section five or section eight of chapter two hundred and fifty-five shall 1 1 
not be valid in such a case unless it expressly states where such notice is 12 
to be recorded, and that the right of redemption will be foreclosed sixty 13 



Chap. 140.] licenses. 1733 

14 days after such recording. At any time after twenty days from the date 

15 of any such mortgage, if the same has not been recorded the holder thereof 

16 shall forthwith, on demand and payment or tender of one dollar, give to 

17 the mortgagor or any person interested in the mortgaged property a 
IS copy of the mortgage and of the note or other obligation secured thereby, 
19 which such holder shall certify to be a true copy thereof. 

1 Section 109. If a payment is made on account of a loan to which Receipt for 

2 sections ninety-six to one hundred and eleven, inclusive, apply, the i'898,''577?T9! 

3 person who receives the payment, or his principal, shall, when the pay- fg^_ ySf; | te. 

4 ment is taken, give to the person paying a receipt setting forth the [Penalty. § 10.3 1 

5 amount then paid and the amount previously paid, and identifying the 

6 loan, note, mortgage or assignment to which it is to be applied. 

1 Section 110. Whoever, not being duly licensed as provided in sec- Penalty for 

2 tion ninety-six, on his own account or on account of any other person a license. 

3 not so licensed, engages in or carries on, directly or indirectly, either fffen^'"'''' 

4 separately or in connection with or as a part of any other business, the ^^l- f ^g' 1 66' 

5 business of making loans or buying notes or furnishing endorsements or Jg}.V675' | g^' 

6 guarantees, to which sections ninetv-six to one hundred and eleven, 1913.347,52. 

. '' 176 Mass. 19. 

7 inclusive, apply, shall be punished by a fine of not more than five hun- 218 Mass .306. 

8 dred dollars or by imprisonment for not more than two months, or both. 223 Mass! 311! 

9 Any loan made or note purchased or endorsement or guarantee furnished 259 Mass! 232! 

10 by an unlicensed person in violation of said sections shall be void. In 

11 prosecutions under said sections the fact that the defendant has made or 

12 assisted in the making of two or more loans of three hundred dollars or 

13 less, upon which there has directly or indirectly been paid or charged, 

14 for interest, brokerage, recording fees, commissions, services, extension 

15 of loan, forbearance to enforce payment or other expenses, a sum which 

16 exceeds in the aggregate an amount equivalent to twelve per cent per 

17 annum upon the amount actually received by the borrower, whether 
IS such sum has been paid to or charged by the defendant or paid to or 

19 charged by any other person, shall be prima facie evidence that the 

20 defendant has engaged in and carried on the business of making loans 

21 to which sections ninety-six to one hundred and twelve, inclusive, 

22 apply. 

1 Section 111. Sections ninety-six to one hundred and eleven, inclu- Law as to rate 

2 sive, shall not affect so much of section three of chapter one hundred and absenc"of '" 

3 seven as provides that, if there is no agreement for a different rate, the afl^cled."' "°' 

4 interest on money shall be at the rate of six dollars upon each one hun- j|^^; ^^^' | J}; 

5 dred dollars for a year. 

1911, 727, 5 18. 

1 Section 112. The state police and the police of the cities or towns Duties of 

2 shall carry out the directions of the commissioner in enforcing sections etc'° ''" '"' 

3 ninety-six to one hundred and thirteen, inclusive, and any regulations i^"' 727,52. 

4 made by him. 



1 Section 113. Returns made to the commissioner under section ow returns 

2 ninety-eight may be destroyed or disposed of by his order after the lapse SS>eil " 

3 of three years from the date of their receipt, and any proceeds received ' '"' ' ' 

4 in the course of their disposal shall be paid to the commonwealth. 



1734 



LICENSES 



[ClL\P. 140. 



Certain _ 

associations 
need not pro- 
cure licenses. 
1899, 261. 
R. L. 102, § 68. 
1909, 278, § 1. 
1911, 727, § 19. 
251 Mass. 569. 



Section 114. Loan companies and loan associations established 
by special charter, and fraternal mutual benefit societies the member- 
ship of which is limited to the employees of any one person and which 
make loans to its members only, shall be subject to the supervision of the 
commissioner, but need not procure a license. 



Licenses. 

1845, 197, 5§ 1, 
5, 10. 

1846, 96, 
§§ 1,3. 

G. S. 88, §1 33, 

34. 

P. S. 102, §§40, 

41. 

R. L. 102, § 73. 

1 Allen, 137. 

140 Mass. 106, 

109, 594. 

166 Mass. 391. 

175 Mass. 357. 



STEAM ENGINES AND FURNACES. 

Section 115. A furnace for melting iron or making glass, or a sta- 1 

tionary steam engine for use in a mill for planing or sawing boards or 2 

turning wood or in which other fuel than coal is used to create steam, .3 

shall not be erected or put up to be used in a town which accepts this 4 

and the two following sections or has accepted corresponding provisions 5 

of earlier laws, unless the aldermen or selectmen thereof have granted a 6 

license therefor, prescribing the place where the building shall be erected 7 

in which the steam engine or furnace is to be used and the materials and 8 

construction thereof, and have made such regulations as to the height 9 

of flues and protection against fire as they deem necessary for the safety 10 

of the neighborhood. Such license may be granted on a written appli- 11 

cation, and shall be recorded in the town records. The aldermen or select- 12 

men shall assign a time and place for a hearing upon such application, and 1.3 

cause at least fourteen days' public notice thereof to be given, at the ex- 14 

pense of the applicant, in such manner as they may order. 15 



Changes in 

furnaces, etc., 

erected before 

acceptance 

of law may 

be ordered, 

when. 

1845, 197, §§ 2, 

10. 

G. S. 88, § 35. 

P. S. 102, §42. 

R. L. 102, § 74. 



Section IIG. In a town which accepts this section or has accepted 1 

corresponding provisions of earlier laws, the aldermen or the selectmen, 2 

after due notice in writing to the owner of such steam engine or furnace, 3 

except for making glass, erected or in use therein before the time of 4 

such acceptance and a hearing, may adjudge it to be dangerous or a 5 

nuisance to the neighborhood, and make and record an order prescribing 6 

such rules, restrictions and alterations as to the building in which it is 7 

constructed or used, the construction and height of its smoke flues, and 8 

such other regulations as they deem necessary for the safety of the neigh- 9 

borhood ; and the town clerk shall deliver a copy of such order to a con- 10 

stable, who shall serve on the owner an attested copy thereof, and make 11 

return of his doings thereon to said clerk within three days after the 12 

deliverv thereof to him. 13 



Appeal. Section 117. An owner of a steam engine or furnace who is aggrieved 

injunction. by such ordcr may have the remedy prescribed by section two of chap- 
§§6%. ' ter one hundred and thirty-nine. The superior court, on granting the 
G. s. 88, §§ 36- application for a jury, may issue an injunction restraining the further 
p*^g'fo2,- use of such engine or furnace until the final determination of the 
I^.L^d, §75. application. 



Stationary 

engines. 

1862, 74. 

§§1.3. 

P. S. 102, § 47. 

R. L. 102, § 76. 

140 Mass. 106, 

109. 



Section 118. In a town which accepts this section or has accepted 1 

corresponding provisions of earlier laws, a stationary engine, propelled 2 

by steam or other motive power, shall not be erected or put up for use 3 

within five hundred feet of a dwelling house or public building unless a 4 

license therefor has been first granted and recorded in the manner pro- 5 

vided in section one hundred and fifteen. 6 



Chap. 140.] licenses. 1735 

1 Section 119. An engine or furnace erected or used contrary to sec- Furnaces, 

2 tion one hundred and fifteen, one hundred and sixteen or one hundred erected or 

3 and eighteen shall be deemed a common nui.sance; and the aldermen nuLanc™* 

4 or selectmen may remove the same in the same manner as boards of {sTs."!??, §S3. 

5 health may remove nuisances under sections one hundred ami twenty- ig4"-95 

() three to one hundred and twenty-five, inclusive, of chapter one hundred ^ |.'|g' ^^ 
7 and eleven. 

1862, 74, § 2. P. S. 102, 5 48. R. L. 102. § 77. 

1 Section 120. [Repealed, 1930, 399, § 3.] 

sale of fire.uims. 

1 Section 121. In sections one hundred and twenty-two to one hun- Definitions. 

2 dred and twenty-nine, inclusive, "firearms" includes a pistol, revolver mT,''495T§§ i. 

3 or other weapon of any description loaded or unloaded, from which a Jgw, 485, § 1. 

4 shot or bullet can be (lischarged and of which the length of barrel, not '^-^' ^-'^- ^ '• 
.') including any revolving, detachable or magazine breech, does not exceed 

6 twelve inches, and a machine gun, irrespective of the length of the barrel. 

7 .\ny gun of small arm calibre designed for rapid fire and operated by a 

5 mechanism, or any gun which operates automatically after the first shot 
9 has been fired, either by gas action or recoil action, shall be deemed to 

10 be a machine gun for the purposes of said sections, and of sections one 

11 hundred and thirty-one and one hundred and thirty-one B. As used in 

12 this section and in sections one hundred and twenty-two to one hundred 

13 and thirty-one A, the words "purchase" and "sale" shall include ex- 

14 change, the word "purchaser" shall include exchanger, and the verbs 
l.j "sell" and "purchase", in their different forms and tenses, shall include 

16 the verb exchange in its appropriate form and tense. Said sections one 

17 hundred and twenty-two to one hundred and twenty-nine, inclusive, 

18 shall not apply to antique firearms incapable of use as firearms nor to 

19 sales of firearms at wholesale. 

1 Section 122. The licensing authorities in any town may, in their Licenses. 

2 discretion, grant licenses to persons to sell, rent or lease firearms and may 1922! 485] 5 2. 

3 fix a fee for such license. Every such license shall specify the street and 

4 number, if any, of the building where the business is to be carried on 

5 antl the license shall not protect a licensee who carries on his business in 
G any other place. 

1 Section 122A. The licensing authorities shall record all licenses Duties of 

2 issued under the preceding section in books kept for the purpose, shall authorities. 

3 furnish the licensee with a sales record book to be kept by him as pro- 

4 vided in section one hundred and twenty-three and shall, upon the 
.") granting of any license, send notice thereof to the commissioner of public 

6 safety. The said books shall be supplied by the commissioner, upon 

7 application of the licensing authorities, at a price not in excess of the 

8 cost thereof. 

1 Section 123. The license shall be expressed to be and shall be sub- Conditions of 

2 ject to the following conditions: First, That the provisions in regard to 1911,49.5, §4. 

3 the nature of the license and the building in which the business may be 1925; 284! § 1! 

4 carried on under it shall be strictly adhered to. Second, That every 192?; 320! 1 2! 



1736 



LICENSES. 



[Chap. 140. 



licensee shall before delivery of a firearm make or cause to be made a 
true entry in a sales record book to be furnished by the licensing au- 
thorities and to be kept for that purpose, specifying the description of 
the firearm, the make, number, whether single barrel, magazine, revolver, 
pin, rim or central fire, whether sold, rented or leased, the date and hour 
of such delivery, and shall, before delivery as aforesaid, require the 
purchaser, renter or lessee personally to write in said sales record book 
his full name, sex, residence and occupation. The said book shall be 
open at all times to the inspection of the licensing authorities and of the 
police. Third, That the license or a copy thereof, certified by the 
recording officer of the licensing authorities or by the clerk of the town 
by which it is issued, shall be displayed on the premises in a position 
where it can easily be read. Fourth, That no firearms shall be displayed 
in any outer window of said premises or in any other place where they 
can readily be seen from the outside. Fifth, That the licensee shall, once 
a week, send a copy of the record of sales, rentals and leases made by 
him for the preceding seven days to the licensing authorities and to the 
commissioner of public safety. Sixth, That every firearm shall be de- 
livered securely wrapped and fastened and shall be unloaded when de- 
livered. Seventh, That no delivery of a pistol or revolver shall be made 
on the day of application for the purchase, rental or lease thereof, except 
to a person having a license to carry the same issued under section one 
hundred and thirty-one. Eighth, That no pistol or revolver shall be 
sold, rented or leased to a person who has not a permit, then in force, 
to purchase, rent or lease the same issued under section one hundred 
and thirty-one A, and that no machine gun shall be sold, rented or leased 
to a person who has not a Hcense to possess the same issued under section 
one hundred and thirty-one. Ninth, That upon a sale, rental or lease of 
a pistol or revolver, the licensee under section one hundred and twenty- 
two shall take up such permit and shall endorse upon it the time and 
place of said sale, rental or lease, and shall forthwith transmit the same 
to the commissioner of public safety, and that upon the sale, rental or 
lease of a machine gun shall endorse upon the license to possess the same 
the time and place of said sale, rental or lease, and shall forthwith trans- 
mit a notice thereof to said commissioner. Tenth, That this license shall 
be subject to forfeiture as provided in section one hundred and twenty- 
five for breach of any of its conditions, and that, if the licensee hereunder 
is convicted of a violation of any such condition, this license shall there- 
upon become void. 



o 
6 

I 

8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
39 
40 
41 
42 
43 



Term of 
licenses. 



Section 124. Licenses shall expire on April thirtieth of each year; 1 

1911,495, 5 5. but they may be granted during April to take effect on May first next 2 

ensuing. 3 



Section 125. The licensing authorities, after notice to the licensee 1 



Suspension or 
revocation of 

ign!"^, §6. ^nd reasonable opportunity for him to be heard, may declare his license 
1922, 485, § 5. forfeited, or may suspend his license for such period of time as they may 
deem proper, upon satisfactory proof that he has violated or permitted 
a violation of any condition thereof or has violated any law. The pend- 
ency of proceedings before a court shall not suspend or interfere with the 
power to declare a forfeiture. If the license is declared forfeited, the 
licensee shall be disqualified to receive a license for one year after the 
expiration of the term of the license so forfeited. 



Ch,\P. 140.] LICENSES. 1737 

1 Section \2(]. If any placard, sign or advertisement is exposed from, signs, etc., 

2 maintained in or permitted to remain upon any vehicle, shop, stand, firearn^are*' 

3 tenement, or any place of common resort, purporting or designed to mf/ws.^'s'V. 

4 announce the keeping in or upon said vehicle or in or upon any of said 

5 premises of firearms, it shall he prima facie e\idence that firearms are 

6 kept in or upon such vehicle or premises for sale. 

1 Section 127. Licensing authorities may transfer licenses from one Transfer ot 

2 location to another within the town in which the licenses are in force, mLMS, §8. 

3 but such transfer shall he granted only to the original licensee and upon ''■*^^' *^^' ^ **■ 

4 the same terms and conditions upon which the license was originally 

5 granted. 

1 Section 128. Any licensee under a license described in section one Penalty for 

2 hundred and twenty-three, and any employee or agent of such a licensee, iio°nse'o'r° 

3 who violates any provision of said section required to be expressed in wUhTut*^'"" 

4 the second, fourth, sixth, seventh, eighth or ninth condition of said i9ii"49,i;, § 9 
'•> license, and anv person who, without being licensed as hereinbefore pro- J^^s, aw, § 2. 

. , 1 ,, , !■ 1 I . 1926, 395, § 2. 

() vided, sells, rents or leases, or exposes tor sale, rental or lease, or has m 

7 his possession with intent to sell, rent or lease, a firearm, shall be pun- 

8 ished by imprisonment for not less than six months nor more than two 

9 years. 

1 Section 129. Any person who in purchasing, renting or hiring a Penalty for 

2 firearm gives a false or fictitious name or address shall be punished by a n'am°e! etc^*^ 

3 fine of not less than twenty-five nor more than one hundred dollars or J925; til'. § 3*^' 

4 by imprisonment for not more than one year, or both. 

1 Section 129A. No unnaturalized foreign-born person shall, within Ownership, 

2 the commonwealth, own or have in his possession or under his control reguiat*^d."^°^ 

3 a firearm as defined in section one hundred and twenty-one, unless such i922,'785, § 7. 

4 person has a permit under section one hundred and thirty-one to carry 

5 such firearm. Any violation of this section shall be punished by a fine 

6 of not less than one hundred dollars or by imprisonment for not more 

7 than three months or both. 

1 Section 130. Whoever sells or furnishes to a minor under the age of fp^iJn"^/t"'' 

2 fifteen or to an unnaturalized foreign-born person any firearm, air gun firearms to' 

3 or other dangerous weapon or ammunition therefor, or whoever sells 1884, 7b. 

4 or furnishes to any minor fifteen years of age or over who does not possess 1909, 199! 

5 and display a license then in force to carry a pistol or revolver issued to {922' lit'. 5 s. 

6 him under section one hundred and thirty-one ammunition for any fire- 263^3": 103. 

7 arm as defined in section one hundred and twenty-one, shall, except as ^"s Masa. 172. 
S provided by section one hundred and twenty-eight, be punished by a 

9 fine of not less than one hundred nor more than five hundred dollars; 

10 but instructors and teachers may furnish military weapons to pupils for 

11 instruction and drill. 

1 Section 131. The justice of a court or a trial justice, the board of License to 

or e • 1 1 1' 1 • • carry pistol, 

z police or mayor 01 a city, the selectmen ot a town, or the commissioner etc Penalty. 

3 of public safety, or persons authorized by them, may, upon the applica- 1911! 548! § i. 

4 tion of any person residing or having a place of business within the juris- 1922! 48.'>i § 9. 

5 diction of the person or body issuing the license, except an unnaturalized {gi?; 3II; 1 1: 

6 person, a person who has been convicted of a felony or of the unlawful 



1738 



LICENSES. 



[Chap. 140. 



use or sale of drugs or a minor other than one fifteen years of age or over 7 
in the employ of a bank, public utility corporation or business of a sim- 8 
ilar nature whose application is endorsed by his employer, issue a license 9 
to such applicant to carry a pistol or revolver in the commonwealth or 10 
to possess therein a machine gun, if it appears that he has good reason 11 
to fear an injury to his person or property or for any other proper pur- 12 
pose, and that he is a suitable person to be so licensed. Such license shall 13 
be issued for a term not to exceed one year, but may be for a less period, 14 
and all such licenses shall be revocable at the will of the person or body 15 
issuing the same, who shall forthwith send written notice of such revo- 16 
cation to the commissioner of public safety. Said licenses shall be issued 17 
on forms furnished by said commissioner and a copy of every license IS 
so issued shall within one week after the granting thereof be sent to the 19 
said commissioner. Whoever issues a license in violation of this section 20 
shall be punished by imprisonment for not less than six months nor 21 
more than two years in a jail or house of correction. 22 



Permits to 
purchase, etc., 
pistol, etc. 
Penalty. 
1926, 395, § 3. 



Section 1.31A. A licensing authority under the preceding section, 1 

upon the application of a person qualified to be granted a license there- 2 

under by such authority, may grant to such a person, other than a minor, 3 

a permit to purchase, rent or lease a pistol or revolver if it appears that 4 

such purchase, rental or lease is for a proper purpose, and may re\'oke 5 

such permit at will. Such permits shall be issued on forms furnished by 6 

the commissioner of public safety, shall be valid for not more than ten 7 

days after issue, and a copy of every such permit so issued shall within S 

one week thereafter be sent to the said commissioner. Whoever issues 9 

a permit in violation of this section shall be punished by imprisonment 10 

for not less than six months nor more than two years in a jail or house 1 1 

of correction. 12 



Penalty for 
loan of money 
on pistol, etc. 

1926. 395, § 3. 

1927, 326, § 4. 



Section 131B. Whoever loans money secured by mortgage, deposit 1 

or pledge of a pistol, revolver or machine gun shall be punished by a 2 

fine of not more than five hundred dollars or by imprisonment for not 3 

more than one year, or by both. 4 



Smoke 
nuisance. 
1901,427, §5 1 
5, 9, 10. 
R. L. 102, 
§§ 122, 127. 
1908, 187. 

(Penalty, § 136.; 



SMOKE NUISjVNCE. 

Section 132. In a town, except those mentioned in chapter six hun- 1 
dred and fifty-one of the acts of nineteen hundred and ten, which accepts 2 
sections one hundred and thirty-two to one hundred and thirty-six, 3 
inclusive, or has accepted corresponding provisions of earlier laws by 4 
] a vote of the city council or of the voters of a town at an annual town 5 
meeting, the emission, except by locomotive engines or by brick or 6 
pottery kilns, into the open air of dark smoke or dense gray smoke for 7 
more than five minutes continuously, or the emission, except as afore- 8 
said, of such smoke during ninety minutes of any continuous period of 9 
twelve hours, within a quarter of a mile of a dwelling, is hereby declared 10 
a nuisance unless such emission is under a permit which may be granted 11 
annualh' bv the aldermen of cities or the selectmen of towns. 12 



Permits. 
1901. 427, 
6. 8. 

R L. 102, 
§ 123. 



1§5, 



Section 133. Such permit shall be signed by the mayor or by a 1 

majority of the board of selectmen and by the city or town clerk, and 2 

be recorded in the office of said clerk. It shall name the person to 3 

whom it is granted, and definitely and clearly describe the location and 4 



CU.\P. 140.] LICENSES. 1739 

5 limits of the premises to which it applies, and shall remain in force until 

6 the first day of May next after its date, unless sooner forfeited or rendered 

7 void. Notice of applications for such permits shall be published at the 

8 expense of the applicant in the manner prescribed by section fifteen of 

9 chapter one hundred and thirty-ci^dit relative to applications for liquor 

10 licenses. The board grantiiij; the permits may establish fees for their 

11 issue, not exceeding one dollar each, to be paid to the treasurer of the 

12 municipality. 

1 Section 134. If, before the expiration of the ten days following the objections 

2 publication of the notice, the owner of a dwelling withm a quarter of a 1901,427. §7. 

3 mile of the premises described therein gives written notice to the board ^124.^°^' 

4 having authority to grant the permit that he objects to the granting 

5 thereof, it shall not be granted, unless said board, after a public hearing 

6 of the persons interested, decides that no just ground for objection exists, 

7 or that the public good requires that it be granted; but the granting of 

8 a permit shall not prejudice any right of damages which a person may 

9 have against the person receiving the permit. If a permit is granted 

10 after objection is filed, and without a hearing as aforesaid, or without 

11 proper advertisement as herein provided, the owner of such dwelling 

12 may apply to the district court within whose jurisdiction the premises 

13 are situated for a hearing in the case; and said court, if it appears that 

14 said permit was granted without compliance with this and the preceding 

15 section, shall revoke the permit, and notice of such revocation shall be 

16 sent to the board granting the permit and to the person receiving it. 

1 Section 135. The mayor or selectmen may, in -January of each year, EntorcemeDt. 

2 designate some proper persons who shall be charged with the enforce- §§3.' 4" ' 

3 ment of sections one hundred and thirty-two to one hundred and thirty- f il's/"^' 

4 six, inclusive, during the year in which they are appointed; but such 

5 designation shall be subject to change at any time. An officer so desig- 

6 nated may apply to the supreme judicial or superior court for an injunc- 

7 tion to restrain the further operation of any furnace or steam boiler 

8 which is being operated in such a manner as to create a nuisance as above 

9 defined ; and said court may, after hearing the parties, enjoin the further 

10 operation of such furnace or boiler. 

1 Section 136. Whoever commits the nuisance defined in section one Penalty.^ ^ 

2 hundred and thirty-two, or suffers the same to be committed on any r. l'. 102', 

3 premises owned or occupied by him. or in any way participates in com- ^ ^^^• 

4 mitting the same, shall be punished by a fine of not more than one hun- 

5 dred dollars for each week during any part of which such nuisance exists. 

DOGS. 

1 Section 137. The owner or keeper of a dog which is three months Licenses. 

2 old or over shall annually, on or before March thirty-first, cause it to be 1797*13. 

3 registered, numbered, described and licensed for one year from April first 1798. 54. § 1. 

4 following, if the flog is kept in Boston in the office of the police commis- \l\l] HI] 5 1 

5 sioner, or if kejit in an\- other town in the office of the clerk thereof. The «• f^^f^ 

6 license shall be subject to the condition expressed therein that the dog J|50''2|5- 

7 which is the subject of the license shall be controlled and restrained from §§ i-a, 8." 

8 killing, chasing or harassing sheep, lambs, fowls or other domestic animals. 55 1,'2. '" 



1740 



LICENSES. 



[Chap. 140. 



p. S. 102, § 80. 
1885, 292. 
R. L. 102. § 128. 
1909, 440, § 4. 



1914, 198. § 4. 
1917, 271, § 2. 
12 Allen, 480. 
100 Mass. 136. 

[Penalty, § 135.] 



123 Mass. 245. 
134 Mass. 537. 
169 Mass. 354. 
1 Op. A. G. 290. 



9 



?864', llbf M. ^^^ owner or keeper of a licensed dog shall cause it to wear around its 
1867' i3o' 1 1' "^^'^ ^ collar distinctly marked with its owner's name and its registered 10 
1872] 330; §i' number. 11 



Same 

1859 

G.S. 

1863, 

1864, 

1867, 

1872. 

§§ 1. 

P. S. 

1885, 

R. L. 

§ 129, 

1909, 



subject. 
225, § 10. 
88, § 55. 
113. 

299, § 2. 
130, § 2. 
330, 
2. 

102, § 81. 
292. 
102. 

'440, § 4. 



Section 138. The owner or keeper of a dog may at any time have it 1 

licensed until April first following; and a person who becomes the owner 2 

or keeper of a dog after April first, which is not duly licensed, and the 3 

owner or keeper of a dog which becomes three months old after March 4 

thirty-first in any year shall, when it is three months old, cause it to be 5 

registered, numbered, described, licensed and collared as required by the 6 

preceding section. 7 

1914, 198, 5 4. 4 Allen, 584. 174 Mass. 74. 

[Penalty, § 141.] 



Fees. 

1797, 53, § 2. 
1824, 139, § 2. 
R. S. 58. § 10. 

1858, 139, § 3. 

1859, 225. § 1. 
G.S. 88, §52. 
1867, 130, § 1. 
P. S. 102, § 82. 
1890, 72. 
R.L. 102, 
§130. 

1908, 169. 
1910, 87. 



Section 139. The fee for every license shall, except as provided in 1 

section one hundred and seventy-three, be two dollars for a male dog and 2 

five dollars for a female dog, unless a certificate of a registered veterinarian 3 

who performed the operation that said female dog has been spayed and 4 

has thereby been deprived of the power of propagation has been filed 5 

with the town clerk, in which case the fee shall be two dollars. A certi- 6 

fied copy of such certificate on file in the office of any town clerk within 7 

the commonwealth may be accepted as evidence that the said operation 8 

has been performed. 9 



Breeder's 
license. 
1887, 307. 
R. L. 102, 
S 131. 



Section 140. The owner or keeper of dogs kept for breeding purposes 
may annually receive a license authorizing him to keep such dogs upon 
the premises described in the license. If the number of dogs so kept 
does not exceed five, the fee for such license shall be twenty-five dollars, 
and if the number of dogs exceeds five, the fee shall be fifty dollars, and 
no fee shall be required for the dogs of such owner or keeper which are 
under the age of six months. The three preceding sections shall not 
apply to licenses under this section. 



Penalty for 
keeping un- 
licensed dog. 

1858, 139, § 1. 

1859, 225, § 9. 
G. S. 88, § 56. 
1S64, 299, § 5. 
1867, 130, § 5. 
P. S. 102, §87. 



Section 141 . Whoever violates any provision of sections one hundred 
and thirty-seven, one hundred and thirty-eight or one hundred and forty 
shall forfeit not more than fifteen dollars, which shall be paid, if the dog 
was kept in any town in Suffolk county, to the treasurer of the town, 
or, if kept in any other county, to the treasurer thereof. 

1901, 120. 15 Gray. 193. 107 Mass. 405. 

R. L. 102, § 137. 2 Allen, 507. 1 Op. A. G. 603. 



Keeping of 
bloodhound, 

1886, 340, § 1. 
R. L. 102. 
§ 138. 
1904, 105, 
§§ 1,2. 



Section 142. No person shall keep or have in his care or possession 
any bloodhound, excepting an English bloodhound of pure blood whose 
pedigree is recorded or would be entitled to record in the English blood- 
hound herd book, or any dog classed by dog fanciers or breeders as Cuban 
bloodhound or Siberian bloodhound, whether such dog is in whole or in 
part of such species, unless such dog is kept solely for exhibition. In 
such case he shall at all times be kept securely enclosed or chained, and 
shall not be allowed at large even though in charge of a keeper, unless 
properly and securely muzzled. 



Chap. 140.] licenses. 1741 

1 Section 143. Whoever violates the preceding section shall forfeit Penalty. 

2 fifty dollars, ten dollars of which shall be paid to the complainant, and r. l' 102', 

3 forty dollars shall, if the dojj was kept in any town in Suffolk county, be ' '^®' 

4 paid to the treasurer of the town, or, if kept in any other county, to the 

5 treasurer thereof. 

1 Section 144. Within forty-eight hours after the conviction of any illegally kept 

2 person for kee])in<; a dog contrar\' to the provisions of section one hundred mSv°d or ^''' 
',^ and forty-two. the mayor of a city or chairman of the selectmen of a town if8i!j6?34o, 5 3. 

4 within which such dog is kept shall order the person so convicted to 5^140/°^' 

5 remove such dog from the city or town. Written notice of the order for 
(i such removal shall be served by any police officer or constable of the 

7 city or town; and if such dog is not removed within twenty-four hours 

8 after service of such notice, the mayor or chairman of the selectmen 

9 shall in writing order such dog to be killed by any police officer or con- 

10 stable of such city or town, who may, in the execution of such order, 

11 enter any premises within its limits. 

1 Section 145. Every license issued to the owner of a dog shall have Description 

2 a description of the symptoms of hydrophobia printed thereon. Such phobia'^tobe 

3 description shall be supplied by the department of public health to the ea'ch'iiien"e. 

4 clerks of the several towns upon application therefor. 

1877,167,5 4. p. S. 102, §83. 1886. 101, § 4. R. L. 102, 5132. 

1 Section 146. A license duly recorded shall be valid throughout the License valid 

2 commonwealth, and may be transferred with the dog licensed thereunder; statelet"."' 

3 but after thirty days from such transfer it shall be again recorded, if the a^s.' ssf '§ m!' 

4 dog is kept in Boston, by the police commissioner, or, if kept in any other Jg^^' -^' 1 1- 

5 city or town, by the clerk thereof. 

p. S. 102, 5 86. R. L. 102, § 136. 134 Mass. 537. 

1884, 185. 1906, 291, § 10. 

1 Section 147. The police commissioner of Boston and the clerks of '.ssuingof 

... 1 11 • • 1 1- • 1 licenses, dis- 

2 other cities and towns shall issue said licenses, receive the money there- position of 

3 for, and pav it into the treasuries of their respective counties, except in 1797,53, is. 

4 the county of Suffolk, on or before June first and December first of each r.'s.'ss, § 11! 

5 year, retaining, except in Boston, to their own use twenty cents for each §f\*,'4"*' 

6 Ucense, and shall return therewith a sworn statement of the amount of cf^l; is^'s^ss. 

7 money thus received and paid over by them. They shall also keep a \^\- ^- \ f 

8 record of all licenses issued by them, of the names of the keepers or isb7, 130, § 3. 

9 owners of dogs licensed, and of the names, registered numbers and descrip- p. s.'io2, 5 84. 

10 tions of all such dogs. If a city or town clerk neglects to pay over such 1887! 135! 

1 1 money to the county treasurer as required by this section, the city or r**l' 102. ^ ^' 

12 town may recover the amount thereof for the benefit of the county, with iVoi^ 353 § 3 

13 all damages sustained through such neglect, and interest, in an action {4°''^Ia^5'• lyg**' 

14 on the official bond required of city clerks by the following section or of 

15 town clerks by section thirteen of chapter forty-one. 

1 Section 148. City clerks, except in Boston, shall give bond with Bond of city 

2 sureties to their respective cities, which, within ten days after their i8ss,'320, 

3 election and qualification, shall be approved by the aldermen, condi- r l. 102, 

4 tioned faithfully to account for all fees received for dog licenses, and for iViot'sio, 5 1. 

5 sporting and trapping licenses and duplicates thereof, and for the pay- }^i|; 29^; | H; 



1742 



LICENSES. 



[Chap. 140. 



ment of all fees received for such dog licenses, less their fees, into their 6 

respective county treasuries, and of all fees received for such sporting 7 

and trapping licenses and duplicates thereof, less their fees, to the com- 8 

monwealth. 9 



Accounts of 
county, etc., 
clerks. 

1859, 225, § 1. 
G. S. 88, § 53. 
1864, 299, § 4. 
1867, 130. § 4. 



Section 149. Each county, city and town treasurer, except in Suf- 1 

folk county, shall keep an accurate and separate account of all money 2 

received and expended by him under the provisions of this chapter 3 

relating to dogs. 4 

p. S. 102, § 85. R. L. 102, § 135. 



Assessors to 
take list of 



Section 150. The assessors shall annually take a list of all dogs 
1858 iM^T'i^' owned or kept in their respective cities and towns on April first, with 
•"'"' "■"' ■ 15. the owners' or keepers' names, and return the same to the city or town 
clerk, or, in Boston, to the police commissioner, on or before July first. 
An owner or keeper of a dog who refuses to answer or answers falsely to 
the assessors relative to the ownership thereof shall be punished by a 
fine of not less than ten dollars, which, except in Suffolk county, shall 
be paid into the county treasury. 



1859, 225, 
1864, 299, § 6, 
1867, 130, § 6 
1871, 41. 
P. S. 102, § 89 
R. L. 102, 
§142. 
1914, 198, § 4 



1 

2 
3 
4 
5 
6 
7 
8 



Dog officers. 
Killing un- 
licensed dogs. 

1797, 53, § 4. 

1798, 54, § 2. 
1812, 146, § 2. 
R. S. 58. § 12. 

1858, 139, § 1. 

1859, 225, 
§§4, 12. 
G. S. 88. 
§§ 58,66. 
1864, 299, § 7. 
1867, 130, § 7. 
P. S. 102, § 90. 
R. L. 102, 

§ 143. 

1907, 240, § 1. 

1908, 182. 

1910, 629. 

1911, 391. 
18 Pick. 262. 

I Met. 555. 
15 Gray, 61. 

II Allen, 151. 
100 Mass. 136. 
109 Mass. 273, 
275. 

133 Mass. 240. 
191 Mass. 56. 
210 Mass. 374. 
213 Mass. 222. 
226 Mass. 579. 
261 Mass. 138. 
1 Op. A. G. 603. 



Section 151. The mayor of each city and the chairman of the select- 1 
men of each town shall annually, within ten days after July first, issue 2 
a warrant to one or more police officers or constables, who shall hold 3 
office for one year or until their successors are qualified, directing them 4 
forthwith to kill or cause to be killed all dogs within such city or town 5 
which are not licensed and collared as required by this chapter, and to 6 
enter complaint against the owners or keepers thereof; and any person 7 
may, and every police officer and constable shall, kill or cause to be killed 8 
all such dogs whenever or wherever found. Such officers, other than 9 
those employed under regular pay, shall receive from the treasurers of 10 
their respective cities and towns one dollar for each dog so destroyed; 11 
except that in cities of twenty-five thousand inhabitants or more they 12 
shall be paid the same wages per diem for the time actually employed 13 
which the regular police officers of such cities receive. Bills for such 14 
services shall be approved by the mayor of the city or chairman of the 15 
selectmen of the town in which said dogs are destroyed, and in cities and 16 
towns in the county of Suffolk shall be paid from money recei\'ed under 17 
the provisions of this chapter relating to dogs. Cities and towns in other 18 
counties shall be reimbursed by the treasurers of their respective counties 19 
from the money received under such provisions. 20 



Returns by 
dog ofiBcers. 
1867, 130, § i 
P. S. 102. §9 
R. L. 102, 
§ 144. 
1907, 240, § ; 



Section 152. Each police officer or constable to whom such warrant 1 

is issued shall make returns, on or before October first following and at 2 

the expiration of his term of office, to the maj'or or chairman of select- 3 

men issuing the same, and shall state in said returns the number of 4 

dogs killed, the names of the owners or keepers thereof and whether 5 

all unlicensed dogs in his town have been killed, and the names of 6 

persons against whom complaints have been made under the pro- 7 

visions of this chapter relating to dogs, and whether complaints have 8 

been entered against all the persons who have failed to comply there- 9 

with. 10 



Chap. 140.] licenses. 1743 

1 Section 153. Such warrant inav be in the following form: warrant to 

' dog officers. 

1807. 1.30. 5 Ifi. 

Commonwealth of Massachusetts. u l '102 ^ '"**' 

(Seal.) 5 164. 

,ss. 

To , constable of the city {or tou-n) of 

In the name of the Commonwealth of Massachusetts, you are hereby required 
to proceed forthwith to kill or cause to be killed all dogs within the said city (or 
tf)wn) not duly licensed and coUarcd according to the provisions of chapter one 
hundred and forty of the General Laws, and you are further required to make 
and enter complaint against the owner or keeper of every such dog. 

Hereof fail not, and make due return of this warrant with your doings therein, 
stating the number of dogs killed and the names of the owners or keepers thereof, 
and whether all unlicensed dogs in said city (or 'town) have been killed, and 
the names of persons against whom complaints have been made under the pro- 
visions of said chapter, and whether complaints have been made and entered 
against all the persons who have failed to comply with the provisions of said 
chapter, on or before the first day of October next. 

Given under my hand and seal at aforesaid, the 

day of , in the year nineteen hundred and 

Mayor of (or Chairman of the Selectmen of) 

1 Section 154. The mayor of each city and the chairman of the select- Mayor, etc., 

2 men of each town shall annually, within ten days after October first, district at- ° 

3 sign and transmit to the district attorney of his district a certificate, war" ams".^ '° 

4 on oath, stating that the warrant named in section one hundred and {ieTJilo;!!: 

5 fifty-one was issued and whether it has been duly executed and returned ^ l'^qj^®"' 

6 according to this chapter. The district attorney shall prosecute city, § i*5. 

7 town or county officers who fail to comply therewith. 

1 Section 155. The owner or keeper of a dog shall be liable in tort to a Liability oi 

2 person injured by it in double the amount of damages sustained by him. damage 

1791.38,5 4. 3 .\llen, 101, 191. 170 Mass. 441. ^^ "*■ 

1797, 53, § 5. 4 Allen, 431. 172 Mass. 453. 

1798.54,5 3. 117 Mass. 109. 177 Mass. 163. 

1812, 146. 5 3. 123 Mass. 580. 184 Mass. 150. 

R. S. 58, 5 13. 124 Mass. 57. 202 Mass. 506. 

G. S. 88, § 59. 128 Mass. 218, 598. 204 Mass. 195. 

P. S. 102. § 93. 131 Mass. 236. 213 Mass. 28. 

R. L. 102. § 146. 148 Mass. 85. 216 Mass. 556. 

20 Pick. 477. 152 Mass. 7. 221 Mass. 73. 

12 Met. 291. 153 Mass. 347. 229 Mass. 348. 

12 Cush. 278. l.'J4 Mass. 346. 251 Mass. 569. 

11 Gray, 29. 159 -Mass. 497. 260 Mass. 283. 

1 Allen, 191. 161 Mass. 182, 184. 266 Mass. 86. 



1 Section 156. Any person may kill a dog which suddenly assaults him Dog attacking 

2 while he is peaceably walking or riding outside the enclosure of its owner ccr7ak." 

3 or keeper; and any person may kill a dog found out of the enclosure of bc'kiUed"when. 

4 its owner or keeper and not under his immediate care worrying, wound- ^^^^- ?|' | j^ 

5 ing or killing neat cattle, sheep or lambs. 

G. S. 88, 5 60. R. L. 102, 5 147. 177 Mass. 200. 

P. S. 102, 5 94. 141 Mass. 179. 

1 Section 157. If a person who has been so assaulted, or who finds a complaint as 

2 dog strolling outside of the enclosure of its owner or keeper and not ^"^^"k"'"" 

3 under his immediate care, within thirty days after such assaidt or find- r ^s.' si.' 1 16. 

4 ing makes oath thereof before a district court or trial justice or before p ffoo^gs 

5 the clerk of the town where the owner or keeper of the dog dwells, and R l. 102, 

6 that he suspects the dog to be dangerous or mischievous, and gives 1924. 113. 

7 notice thereof to its owner or keeper by delivering to him a certificate of 



1744 



LICENSES. 



[Chap. 140. 



such oath signed by such court, justice or clerk, the owner or keeper 8 
shall forthwith kill or confine such dog; and if he neglects so to do after 9 
twenty-four hours from the receipt of such notice he shall forfeit ten 10 
dollars. 11 



Dog proved 
dangerous may 
be killed. 
1791. 38, § 3. 
R. S. 58, § 16. 
G. S. 88, § 62. 
1865, 197, § 4. 
1867, 130, § 14. 
P. S. 102, §96. 
R.L.102, §149. 



Section 158. If such dog is licensed the fine prescribed by the pre- 1 

ceding section shall not be imposed unless the dog is proved to be mis- 2 

chievous or dangerous. Any person may kill a licensed dog which has 3 

been so proved to be mischievous or dangerous if it is again found stroll- 4 

ing outside of the enclosure of its owner or keeper and not under his im- 5 

mediate care. 6 



Treble dam- 
ages if dog, 
after notice, 
causes injury, 
etc. 

1791, 38, § 4. 
R. S. 58, § 17. 
G. S. 88, § 63. 
P. S. 102, § 97. 



Section 159. If a dog, after such notice to its owner or keeper, by 1 

such assault wounds any person, or worries, wounds or kills any neat 2 

cattle, sheep or lambs, or does any other mischief, the owner or keeper 3 

shall be liable in tort to the person injured thereby in treble the amount 4 

of damages sustained by him. 5 

R. L. 102, § 150. 



Protecting 
domestic 
animals from 
injury by dogs. 
1902, 226. 
1904, 127. 



Section 160. The county commissioners of any county, or their 1 
agents thereto authorized in writing, may enter upon the premises of 2 
the owner of any dog known to them to have worried or killed sheep, 3 
lambs, fowls or other domestic animals, and then and there kill such dog, 4 
unless such owner whose premises are thus entered for the said purpose 5 
shall give a bond in the sum of two hundred dollars, with sufficient sure- 6 
ties, approved by the county commissioners, conditioned that the dog 7 
shall refrain from killing or worrying sheep, lambs, fowls or other domestic 8 
animals for twelve months next ensuing. And if the owner of the dog 9 
declares his intention to give such a bond, the said county commissioners 10 
or their agents shall allow him reasonable time in which to procure and 1 1 
prepare the same and to present it to them, or to file it with the clerk of 12 
the town where the said owner resides. 13 



Certain 
damages by 
dogs to be paid 
by the county. 
Appraisal, etc. 

1858, 139, § 4. 

1859. 225, § 6. 
G. S. 88, § 64. 
1864. 299, § 9. 
1867, 130, § 10. 
P. S. 102. 
§§98. 100. 
1886, 259. 
1889, 454, § 1. 
R. L. 102. 

§§ 151. 157. 

1903, 100, § 1. 

1904, 283, § 1. 
1911, 392. 
1920, 547. 

2 Op. A. G. 250. 



Section 161. Whoever suffers loss by the worrying, maiming or 
killing of his live stock or poultry by dogs, outside the premises of the 
owners or keepers of such dogs, may, if the damage is done in a city, in- 
form the officer of police of the city who shall be designated to receive 
such information by the authority appointing the police, and, if the dam- 
age is done in a town, may inform the chairman of the selectmen of the 
town, or, if he is absent or ill, any one of the selectmen, who shall proceed 
to the premises where the damage was done and determine whether the 8 
same was inflicted by dogs, and if so, appraise the amount thereof if it 9 
does not exceed twenty dollars. If in the opinion of said officer of police, 10 
chairman or selectman, the amount of said damage exceeds twenty dol- 11 
lars, the damage shall be appraised, on oath, by three persons, of whom 12 
one shall be such officer of police, chairman or selectman, one shall be 13 
appointed by the person alleged to be damaged, and the third shall be 14 
appointed by the other two. The said appraisers shall consider and in- 15 
elude in such damages the labor and time necessarily expended in the 16 
finding and collecting of the live stock or poultry injured or separated 17 
and the value of those lost or otherwise damaged by dogs. The said 18 
officer of police, chairman or selectman shall return a certificate of the 19 
damages found, except in Suffolk county, to the treasurer of the county 20 



Chap. 140.) licenses. 1745 

21 where the flamage was done, witliin ten days after such appraisal is made. 

22 The treasurer siiall thereupon suhmit the same to the eounty commission- 

23 ers, who within thirty days shall examine all bills for damages, and may 

24 upon their own motion or upon request of an interested party shall sum- 
2") nion the appraisers and all parties interested and make sueh investiga- 
2() tion as they may think proper, and shall issue an order upon the treasurer 

27 of the county for such amounts, if any, as they decide to be just and shall 

28 notify all interested parties of their decision. The treasurer, except in 

29 Suffolk county, shall pay all orders drawn upon him in full, for the above 
'AO purpose, and for the expenses of ajjjjraisal out of any money in the county 
lil treasiu-y, and payments made therefor shall be charged to the dog fund. 

32 The appraisers shall receive from the county three dollars each for every 

33 such examination made by them, and also twenty cents a mile one way 

34 for their necessary travel. 

1 Section 1()2. The aldermen or selectmen may offer a reward of not Pf|"'"'f,'°'' 

2 more than twenty-five dollars for the killing of any dog found to have found injuring 

3 worried, maimed or killed any sheep, lambs, fowls or other domestic anCJTais"^ 

4 animals, thereby causing damages for which their owner may become r*l' 102', ^ ^' 
,") entitled to compensation under the preceding section, or for evidence i905%06. 

6 which shall determine to the satisfaction of such aldermen or such select- 

7 men who is the owner or keeper of the dog by which such damage is done. 

8 The county commissioners, except in Suffolk county, shall pay the said 

9 reward from the dog fund, upon a certificate signed by the aldermen or 
10 selectmen. 

1 Section 163. If the aldermen or selectmen determine, after notice Notice to 

2 to parties interested and a hearing, who is the owner or keeper of any riTch^dog. ' 

3 dog which is found to have worried, maimed or killed any sheep, lambs, r.^l. 102, ^ ^' 

4 fowls or other domestic animals, thereby causing damages for which ^ '*^- 

5 their owner may become entitled to compensation from the dog fund 
(j under section one hundred and sixty-one, they shall serve upon the owner 

7 or keeper of such dog a notice directing him within twenty-four hours to 

8 kill or confine the dog. 

1 Section KM. A person who owns or keeps a dog, and who has re- Penalty for 

2 ceived such notice and does not within twenty-four hours kill such dog "? confining 

3 or thereafter keep it on his premises or under the immediate restraint i889,'4m. § 4. 

4 and control of some person, shall be punished by a fine of not more than ^-^^^ '°2' 

5 twenty-five dollars; and any person may kill such dog if it is found 
(i strolling outside of the enclosure of its owner or keeper and not under 
7 his immediate care. 

1 Section 165. The county commissioners, except in Suffolk county. Appointment 

2 shall appoint one and may appoint not more than four suitable persons, investigate 

3 all residents of the county, any one of whom shall, at the request of said dogs^^'^'' ^ 

4 commissioners or of the chairman of the selectmen or officer of the 1s94;.309!§l 

5 police designated as provided in section one hundred and sixty-one, ^^h '°-' 

6 investigate any case of damages done by a dog of which the commis- J^w, 142. § 1. 

7 sioners, chairman or officer shall have been informed as provided in said lino! 392! 5 1. 

8 section; and if he believes that the evidence is sufficient to sustain an loo iiassl 186. 

9 action against the owner or keeper of the dog as provided in said section "^ '^'"'^ ^*' 

10 and believes that such owner or keeper is able to satisfy any judgment 

1 1 recovered in such action, he shall, unless the owner or keeper before action 



1746 



LICENSES. 



[Chap. 140. 



brought pays him such amount in settlement of the damage as he deems 12 
reasonable, bring the action. It may be brought in his own name and in 13 
the county where he resides, and he shall prosecute it. The persons so 14 
appointed shall also have throughout their respective counties the same 15 
powers and authority as police officers or constables acting under section 16 
one hundred and fifty-one. All damages received or recovered under this 17 
section shall be paid over to the county treasurer and placed to the credit 18 
of the dog fund. The county treasurer shall pay out of the dog fund such 19 
reasonable compensation as the county commissioners shall allow for 20 
services and necessary expenses under this section and the reasonable 21 
expense of prosecuting the said actions. The persons appointed here- 22 
under may be removed at any time by the county commissioners, and 23 
in counties where they are appointed the county treasurer shall not be 24 
authorized to bring the said actions. 25 



Person 
damaged to 
have choice 
of remedy. 
1859, 225, § 8. 
G. S. 88, § 65. 
1864, 299, § 99. 
1867, 130, § 10. 
P. S. 102, §99. 
R. L. 102, 
§ 156. 



Section 166. The owner of sheep, lambs, fowls or other domestic 1 

animals which have been worried, maimed or killed by dogs shall have 2 

his election to proceed under section one hundred and sixty-one or sections 3 

one hundred and fifty-seven to one hundred and fifty-nine, inclusive; 4 

but, having signified his election by proceeding in either mode, he shall 5 

not have the other remedy. 6 



Dogs may be 
required to be 
muzzled. 
Killing un- 
muzzled dogs, 
when 

authorized. 
1877, 167, 
§§ 1,2. 
P. S. 102. 
§§ 101, 102. 
R. L. 102, 
§ 158. 



Section 167. The aldermen or selectmen may order that all dogs 1 

shall be muzzled or restrained from running at large during such time 2 

as shall be prescribed by such order. After passing such order and posting 3 

a certified copy thereof in two or more public places in the town, or, if 4 

a daily newspaper is published in such town, by publishing such copy 5 

once in such newspaper, the aldermen or selectmen may issue their 6 

warrant to one or more of the police officers or constables of such town, 7 

who shall, after twenty-four hours from the publication of such notice, 8 

kill all dogs found unmuzzled or running at large contrary to such order, 9 

and shall receive such compensation therefor as is provided in section 10 

one hundred and fifty-one. 11 



notSr °' Section 168. The aldermen or selectmen may cause service of such 

mf'^eV §3 order to be made upon the owner or keeper of the dog by causing a 
P. s.'i02,'§ 103. certified copy thereof to be delivered to him; and if he refuses or neglects 
§ 159. ' for twelve hours thereafter to muzzle or restrain such dog as so required, 
he shall be punished by a fine of not more than twenty-five dollars. 



Penalty on 
town officer. 

1858, 139, § 6. 

1859, 225, § 13. 
G. S. 88, § 66. 
1864, 299, § 10. 
1867, 130, § 11. 
P. S.102, 5104. 
R. L. 102, 

§ 160. 



Section 169. A county, city or town officer who refuses or wilfully 
neglects to perform the duties imposed upon him by the provisions of 
this chapter relating to dogs shall be punished by a fine of not more than 
one hundred dollars, which shall be paid, except in Suffolk county, 
into the county treasury. Whoever is aggrieved by such refusal or neg- 
lect may report the same forthwith to the district attorney of his district. 



Disposition 
of fees, etc., 
in Suffolk 
county. 

1864, 299, § 12. 
1867, 130, § 13. 
1869. 250, § 1. 
P. S. 102, 5 105. 
R L. 102, 
§ 161. 



Section 170. In Suffolk county, all money received for licenses or 1 

recovered as fines or penalties under the provisions of this chapter re- 2 

fating to dogs shall be paid into the treasury of the town in which said 3 

licenses are issued or said fines or penalties recovered. AH claims for 4 

damages done by dogs in Suffolk county shall be determined by appraisers 5 

as specified in section one hundred and sixty-one and, when approved 



Chap. 140.] licenses. 1747 

7 by the aldermen or selectmen of the city or town where the damage was 

8 done, shall be paid in full on the first Wednesday of January of each 

9 year by the treasurer of such town, if the ^ross amount received by him 

10 and not previously [)aid out under the provisions of this chapter relating 

11 to dogs is sufficient therefor; otherwise such amount shall be divided 

12 pro rata among such claimants in full discharge of their claims. 

1 Section 171. The owner or keeper of a dog which is doing damage Owner of dog 

2 to sheep, lambs, fowls or other domestic animals shall be liable in tort coui'ty'for 

3 to the county for all damages so done which the county commissioners byTt"**' "*''* 

4 thereof have ordered to be paid as provided in this chapter. The county }|f^' Hf 1 1 

5 treasurer, excei^t as provided in section one hundred and sixtv-five, mav, « S- ss, § 64.' 

^ 1 •!• J ] 1 xl J. ■ ■ 1 11 1 • ■ 1 . 1864,299, § U. 

and it so ordered by the county commissioners shall, bring such action. i8B7. 139, 

7 In Suffolk county, such owner or keeper shall be liable in like manner to p:s."io2.H06 

8 the town for damages so done therein which the aldermen or selectmen f'lh.^^'' 

9 have so ordered to be paid; and the town treasurer may, and if so ordered '^° ^^'^"^- '■^^■ 
10 by the aldermen or selectmen shall, bring such action. 

1 Section 172. Money received by a county treasurer under the pre- Disposition of 

2 ceding sections relating to dogs, and not paid out for damages, shall, in bSc'.rof dog 
.3 January, be paid back to the treasurers of the towns in proportion to iggg- 197 5 3 

4 the amounts received from such towns, and the money so refunded Jl^^' laoi § ja. 

5 shall be expended for the support of public libraries or schools. In p- s.'io2,§ 107. 

6 Suffolk county, money so received by the town treasurer and not so § ies. ' 

7 paid out shall be expended by the school committee for the support of ^ °'' ^' '^' ^"^ 

8 public schools. 

1 Section 173. A town may make additional ordinances or by-laws Ordinances 

2 relative to the licensing and restraining of dogs, and may affix penalties todogs''*''^ ^ 

3 of not more than ten dollars for a breach thereof; but such ordinances r*^s!58^§ 10 

4 or by-laws shall relate only to dogs owned or kept in such town, and the }|f^' |^| ^ ,^ 

5 annual fee required for a license under section one hundred and thirty- pl'^si'ie?. ' 

6 nine shall in no case be more than one dollar in addition to the amount R l^ 102. 

7 required by said section. ^ ^^^ 

10 Met. 382. 

1 Section 174. All fines and penalties provided in the preceding sec- Recovery of 

2 tions relating to dogs may be recovered before a district court or trial G.°s.'8gk§68. 

3 justice in the county where the offence was committed. ^-^ '°-' ^''° 

R. L. 102, § 166. 

1 Section 175. Whoever wrongfully kills, maims, entices or carries Liability for 

2 away a dog licensed and collared as provided in section one hundred and a'iiren:sed''d'og. 

3 thirty-seven shall be liable in tort to its owner for its value. J|^^- ^if | f 

G. S. 88. §57. p. S. 102. §88. R. L. 208, §38. 1913.551. 

stallions. 

1 Section 176. The owner or keeper of a stallion for breeding purposes Registration. 

2 shall, before advertising the service thereof, file a certificate of the name, rsw.'-iM. § i. 

3 color, age, size and pedigree, as fully as obtainable, of .said stallion, and f i67.'°"' 

4 of the name of the person by whom he was bred, with the clerk of the 

5 town where said stallion is owned or kept, who shall, upon payment 

6 of a fee of twenty-five cents, record the same in a book to be kept for that 



1748 



LICENSES. 



[Chap. 140. 



purpose. Whoever neglects to make and file such certificate shall re- 7 

cover no compensation for the services of his stallion, and whoever know- 8 

ingly and wilfully makes a false certificate shall be punished by a fine of 9 

one hundred dollars. 10 



Licenses. 
1857, 194. 
G. S. 8S. i 
1876, 147, 
§§1.2. 
1880, 94. 
P. S. 102 
1885, 323, 
R. L. 102, 
§ 168. 
1902, 187, 
1906, 291, 
1911, 64.5. 
1920, 191. 



§111. 
§2. 



§5. 
§4. 



BILLIARD TABLES AND BOWLING ALLEYS. 

Section 177. The licensing board of Boston, the license commission 1 

of Lowell, the aldermen of any other city, and the selectmen of any 2 

town may grant and may suspend or revoke at pleasure a license which 3 

shall be subject to sections two hundred and two to two himdred and 4 

five, inclusive, to a person to keep a billiard, pool or sippio table or a 5 

bowling alley for hire, gain or reward, upon such terms and conditions 6 

as they deem proper, to be used for amusement merely and not for the 7 

purpose of gaming for money or for property. 8 

133 Mass. 578. 140 Mass. 38. 191 Mass. 341. 



Penalty. 

1857. 194, § 1. 

G. S. 88. § 70. 

1880, 94. 

P. S. 102, §112. 

R. L. 102. 

§ 169. 

109 M,^ss. 344. 

141 Mass. 420. 



Section 178. Whoever without such license keeps or sufi"ers to be 1 

kept in a house, building, yard or dependency thereof, actually occupied 2 

or owned by him, a table for the purpose of playing at billiards, pool or 3 

sippio, or a bowling alley for hire, gain or reward, or whoever for hire, 4 

gain or reward suffers any person to resort thereto for such purpose shall 5 

forfeit not more than one hundred dollars. 6 



Penalty for 
admitting 
minors to 
billiard rooms, 

1855,429, § I. 
G. S. 88. §71. 
1866, 237. 
1880, 94. 



Section 179. The keeper of a billiard, pool or sippio room or table, 
bowling alley, or place in which pictures are displayed upon the deposit 
of money in a coin controlled apparatus, who admits a minor thereto 
without the written consent of his parent or guardian, shall forfeit ten 
dollars for the first and twenty dollars for each subsequent offence. 

p. S. 102, § 113. R. L. 102, § 170. 1908, 368. 98 Mass. 6. 



uniTwfu/use, SECTION 180. Whocvcr crccts, occupies or uses a building for bowling 1 

etc., of bowling alleys, except in such part of a town as the aldermen or selectmen order, 2 

1851,319 shall forfeit not more than fifty dollars for every month he so occupies 3 

PS. 102, § 114. or uses such building, and in like proportion for a shorter time. The 4 

§ 171. ■ superior court may restrain such erection, occupancy or use without 5 

such order. 6 



Licenses. 




1805, 98, 




§§ 1,3. 




1825, 152, 




§§1,3. 




R. S. 58, ( 


!l. 


1849, 231, 


§ 1. 


G. S. 88, §74. 


P. S. 102, 


§115, 


1894, 353. 




1895, 434. 


§3. 


R. L. 102, 




§ 172. 




190.5, 341, 


§1. 


1907, 274, 


§ 1. 


1908, 385. 


§2. 


6 Gush. 174. 


7 CJray, 162. 


164 Mass. 


11. 


168 Mass. 


519. 


177 Mass. 


347. 


185 Mass. 


551. 


213 Mass. 


213. 


240 Mass. 


359. 


247 Mass. 


589. 



THEATRICAL EXHIBITIONS, PUBLIC AMUSEMENTS, ETC. 

Section 181. The ma.yor or selectmen may, except as provided in 1 
section one hundred and five of chapter one hundred and forty-nine, 2 
grant, upon such terms and conditions as they deem reasonable, a license 3 
for theatrical exhibitions, public shows, public amusements and exhibi- 4 
tions of every description, to be held upon week days only, to which 5 
admission is obtained upon payment of money or upon tlie delivery 6 
of any valuable thing, or by a ticket or voucher obtained for money or 7 
any valuable thing, or in which, after free admission, amusement is 8 
furnished upon a deposit of money in a coin controlled apparatus; and 9 
the mayor or selectmen may revoke or suspend such license at their 10 
pleasure, but they shall not grant a license for any such theatrical exhi- 11 
bitions, public shows or public amusements or exhibitions of any descrip- 12 
tion whatever to be held upon Sunday, except as provided in chapter 13 
one hundred and thirty-six. 14 

1 Op. A. G. 306. Op. A. G. (1920) 300. 



Chap. 140.) licenses. 1749 

1 Section 182. Whoever offers to view, sets up, sets on foot, maintains, Penalty f,.r 

2 carries on, publishes or otherwise assists in or promotes any such exhibi- ""h'S™. 

3 tion, show or amusement without such license shall be punished by a i805,''98,''''' 

4 fine of not more than fi\e huiKlrcd dollars. This and the preceding is25' "152 §1 

5 section shall not ajjply to i)ul)lic entertainments by religious societies in l\4q' 2i'i*s~2 

6 their usual places of worship for a religious or charitable purpose, or to g s.'ss, §73.' 

7 entertainments given in school buildings by or for the benefit of the p. s.'io2. §110. 

8 pupils thereof and under the supervision of the principal or teacher in f it-j.'""' 

9 charge of the school classes therein, or to entertainments given in a Inoy'sos'li' 

10 private dwelling, except in apartments thereof having a seating cajjacity [^U|!' ^|*- . ^ 

11 of four hundred or more, or to enterprises required to be licensed under fgS'".?!'^'',, 

12 section one hundred and eighty-three A. 

177 Mass. 347. 

1 Section 1S2A. Everv ticket of admission or other evidence of right Tickets to 

n £ 1 • ' I 1 •! • • 1 1* T II' ' thpalres. etc., 

J, 01 entry to any theatrical exlubition, public show or public amusement to havp price 

3 or exhibition required to be licensed by sections one hundred and eighty- Fac"." Penalty. 

4 one and one hundred and eighty-two, for admission to which a price is "'-*'*3^' 8 1- 

5 charged, shall bear on its face the price charged for such ticket or other 

6 evidence of right of entry by the person issuing the same or causing the 

7 same to be issued. Whoever issues or causes to be issued such a ticket 

8 or other evidence of right of entry in violation of this section shall be 

9 punished by a fine of not more than five hundred dollars. 

1 Section 183. No person shall darken in whole or in part the hall, °thitoed''*" 

2 room, piazza, roof garden or other place in which a public dance required during progress 

3 to be licensed under section one hundred and eighty-one is held, or any dances therein. 

4 stairway, anteroom or passageway connected therewith, during the \^i%. \6o, 

5 progress of a dance therein or until all persons except the proprietor ^^ ^'*' 

6 and his employees have withdrawn from the premises. The degree of 

7 light required in such places shall be fi.xed by regulations prescribed by 

8 the commissioner of public safety, copies of which and of this section 

9 shall be conspicuously posted in every such place. Violations of this 

10 section shall be punished by a fine of not less than one hundred nor more 

11 than one thousand dollars. 

1 Section 183A. No innholder, common victualler or person owning, Licensing of 

2 managing or controlling a cafe, restaurant or other eating or drinking e't"'!°conduct- 

3 establishment shall, as a part of his usual business, offer to view, .set up, Lmusemwus in 

4 set on foot, maintain or carry on a concert, dance, exhibition, cabaret or ^"J^^heir' 

5 public show of any description at which food or drink or other refresh- business 

6 ment is sold for cash, or in connection with which, after free admission, i926, 299! 1 1. 

7 music or other amusement is provided or furnished upon payment or 

8 deposit of money, either as a cover charge or in payment for food, drink 

9 or other refreshment, unless and until a license therefor, to be exercised 

10 on week days only, has been issued by the licensing authorities, who 

11 may upon written application and upon such terms and conditions as 

12 they may prescribe, grant such a license for any or all of the purposes 

13 hereinbefore described and may, after written notice to the licensee, 

14 suspend or, after hearing revoke the same. Licenses granted under this 

15 section shall specify the street and number where the licensed business 

16 is to be carried on or give some jjarticular description thereof, and shall 

17 not protect a licensee who carries on his business in another place. Such 

18 licenses, unless sooner revoked, shall expire on .\pril thirtieth of each 



1750 



LICENSES. 



[Chap. 140. 



year. The fee for any such Hcense or for any renewal thereof shall not 19 
exceed five dollars, but no fee shall be chargeable for any such license, or 20 
for the approval of the commissioner of public safety under section one 21 
hundred and eighty-three B, to a person who, for the period covered by 22 
such license, is also licensed under section two. 23 



Licenses under 
preceding sec- 
tion issued in 
certain towns 
invalid unless 
approved, etc. 
Fees, suspen- 
sion, etc. 
1926, 299, 5 1. 



Section 183B. In all towns having less than twenty-five hundred 1 

registered voters at the state election last preceding the date of appli- 2 

cation for a license under section one hundred and eighty-three A, no 3 

license issued on such application shall be valid unless and until it has 4 

been approved in writing by the commissioner of public safety as in the 5 

interest of the public good and morals. Except as provided in section 6 

one hundred and eighty-three A, every application for such approval 7 

shall be accompanied by a fee of one dollar. The commissioner may, 8 

after notice to the licensee, suspend and after a hearing, revoke such 9 

approval, and thereupon the license shall be deemed suspended or 10 

revoked, as the case may be. 11 



Penalty for 
violation of 
5 1S3A. 
Report of 
conviction. 
1926, 299, 5 1. 



Section 183C. Any person described in section one hundred and 1 

eighty-three A who engages in a business required to be licensed by said 2 

section unless authorized so to do by a license in full force and effect, and 3 

any holder of such a license who violates any condition thereof, shall be 4 

punished by a fine of not more than one thousand dollars, or by imprison- 5 

ment for not more than one year, or by both. The clerk of the court in 6 

which a corporation engaged in such business is convicted under this 7 

section shall forthwith report such conviction to the state secretary, who 8 

shall thereupon revoke the charter of such corporation. 9 



Penalty for 
exhibition when 
liquor is sold. 
1858, 152. 
G. S. 88, § 76. 
P. S. 102. § 117. 
R. L. 102, 
i 174. 



Section 184. Whoever offers to view, sets up, sets on foot, maintains 1 

or carries on a theatrical exhibition, public show, concert or dance hall 2 

exhibition, of any description, at which lager beer or other intoxicating 3 

liquor is sold or exposed for sale with the consent of those who get up, 4 

set on foot or otherwise promote such exhibition or show, shall be punished 5 

by a fine of not more than five hundred dollars or by imprisonment for 6 

not more than two years, unless such exhibition or show has been duly 7 

licensed as provided by section one hundred and eighty-one. This 8 

section shall not authorize the licensing of the sale of liquor contrary to 9 

law. 10 



Masked ball 
penalized. 
1849, 231, § 3. 
G. S. 88, S 77. 
P. S. 102, § 118. 
R. L. 102. 
§ 175, 



Resale of 
theatre tickets, 
etc., regulated. 
Licenses. 
1924, 497. § 2. 
269 Mass. 460. 



Section 185. Whoever gets up, sets on foot, causes to be published, 
or otherwise aids in getting up and promoting a masked ball or other 
public assembly at which the company wear masks or other disguises and 
to which admission is obtained upon payment of money or the delivery 
of any valuable thing, or by a ticket or voucher obtained for money or 
any valuable thing, shall for the first offence be punished by a fine of not 
more than five hundred dollars and for any subsequent offence by im- 
prisonment for not more than one year. 

Section 185A. No person shall engage in the business of reselling 
any ticket or tickets of admission or other evidence of right of entry to 
any theatrical exliibition, public show or public amusement or exhibition 
required to be licensed under sections one hundred and eighty-one and 
one hundred and eighty-two, whether such business is conducted on or 
off the premises on which such ticket or other evidence is to be used. 



Chap. 1-40.] licenses. 1751 

7 without being licensed therefor by the commissioner of public safety, 

8 in this and the si.x following sections called the commissioner. A license 

9 shall be granted only upon a written application setting forth such 

10 information as the commissioner may require. Each license issued 

11 under this section shall be in force until the first day of January next 

12 after its date, unless sooner revoked. No such license may be trans- 

13 ferred or assigned except upon written permission of the commissioner. 

1 Section 1S5B. The fee for each license granted under section one Fees for 

2 hundred and eighty-five A and for each annual renewal thereof shall be imS!^?, 5 2. 

3 one hundred dollars. 

1 Section 1S5C. The commissioner, after notice to the licensee and K<-voration 

2 reasonable opportunity for him to be heard, may revoke his license or of licenses. 

3 may suspend the same for such period as the commissioner may deem 

4 proper, upon satisfactory proof that the licensee has violated or per- 

5 mitted a violation of any condition of his license or of any rule or 

6 regulation of the commissioner under section one hundred and eighty- 

7 five E. If the license is revoked, the licensee shall be disqualified to 

8 recei\'e a license for one year after the expiration of tlie term of the 

9 license so revoked. 

1 Section 185D. No licensee under section one hundred and eighty- Resale price 

2 five A shall resell any ticket or other evidence of right of entry to any i924',''497; § 2. 

3 theatrical exhibition, public show or public amusement or exhibition of 

4 any description at a price in excess of fifty cents in advance of the price 

5 printed on the face of such ticket or other evidence of right of entry as 

6 the purchase price thereof. 

1 Section ISoE. The commissioner shall establish and may from Rules and 

2 time to time alter rules and regulations relative to the granting of li- invtl'tigT-'' 

3 censes and the business carried on by persons licensed under section one Vg^'w?, §2. 

4 hundred and eighty-five A. He shall, either personally or by such 

5 subordinates as he may designate, as often as he deems it necessary, 

6 investigate the afi'airs of such licensees and for that purpose shall have 

7 free access to the books and papers of such licensees and shall ascertain 

8 the condition of the business and whether it is being transacted in 

9 compliance with law and the rules and regulations made hereunder, and 

10 with the terms and conditions of the license. The commissioner shall 

11 keep a book or books in which shall be entered in alphabetical order 

12 a record of all licenses granted under section one hundred and eighty- 

13 five A, which record shall be open to public inspection. 

1 Section 185F. Whoever violates any provision of section one hun- Penalty. 

2 dred and eighty-five A to section one hundred and eighty-five G, inclu- '^^*' *^^' ^ ^' 

3 sive, or any rule or regulation of the commissioner made under section 

4 one hundred and eighty-five E, shall be punished by a fine of not more 

5 than five hundred dollars. 

1 Section 185G. The provisions of section one hundred and eighty- Certain s«- 

2 two A and the six preceding sections shall not apply to tickets or other pUcabTeTo' 

3 evidences of entry to theatrical exhibitions, public shows or public ti^kS. etc. 

4 amusements or exhibitions, all the proceeds of the sale or resale of which ^^-*- ■*"■ ^ ^- 



1752 



LICENSES. 



[Chap. 140. 



inure exclusively to the benefit of religious, educational or charitable 5 

institutions, societies or organizations or civic leagues or organizations 6 

not organized for profit but operated exclusively for the promotion of 7 

social welfare or to associations of veterans of any wars of the United 8 

States, or to tickets or other evidences of entry to agricultural fairs, 9 

none of the profits of the sale or resale of which are distributed to stock- 10 

holders or members of the association conducting the same. 11 



License. 
1885, 196, 
R. L. 102, 
§ 176. 
1902, 187, 
1906, 190. 
1911, 645. 
1920, 47. 



§L 



§5. 



SieVTING RINKS, ETC. 

Section 186. The licensing board of Boston, the license commission 1 

of Lowell, the mayor of any other city, and the selectmen of any town, 2 

may grant a license to any person to establish, keep open and maintain .3 

skating rinks to be used for roller skating, carousels, inclined railways, 4 

Ferris wheels and outdoor exliibitions of fire fighting for the amusement 5 

of the public, for hire, gain or reward, upon such terms, conditions and 6 

regulations as they deem proper, subject to sections two hundred and 7 

two to two hundred and five, inclusive, and to the provisions of law 8 

relating to the observance of Sunday. 9 



r885,'m, § 2. Section 187. Whoever, without such license, establishes, keeps open 1 

f 177.'°"' or maintains a skating rink to be used for the amusement of roller skating 2 

shall be punished by a fine of not more than five hundred dollars. 3 



License. 
1885, 309, §§ 
4: 323, § 2. 
R. L. 102, 
§ 178. 

1902, 187, § ; 
1906, 291, § ■ 



picnic groves. 

Section 188. In a city or town which accepts the provisions of this 1 

and the two following sections or has accepted corresponding provisions 2 

of earlier laws, the aldermen, except in Boston and Lowell, or the select- 3 

men may grant a license to any person to establish, let, keep open and 4 

maintain a grove to be used for picnics or other lawful gatherings and 5 

amusements for hire, gain or reward, upon such conditions and regula- 

tions as they deem proper, subject to the provisions of sections two 7 

hundred and two to two hundred and five, inclusive. In Lowell the 8 

license commission and in Boston the licensing board may grant such 9 

licenses. 10 



isss'soQ § 2 Section 189. Whoever, without such license, establishes, lets, keeps 1 

?i79 ^*'^' open or maintains, himself or by another, a grove to be used for picnics 2 

or other amusements for hire, gain or reward shall be punished by a fine 3 

of not more than one hundred dollars. 4 



Peddling near 
picnic grove 
pen.alized. 
1887, 445. 
R. L. 102, 
§ 180. 



Section 190. Whoever, not having his residence or regular place of 1 

business within one half mile of a grove licensed under section one hun- 2 

dred and eighty-eight, during the time of holding a picnic or other lawful 3 

gathering in such licensed gro\e and within one half mile thereof hawks 4 

or peddles goods, wares or merchandise, or establishes or maintains a 5 

tent, booth, vehicle or building for vending provisions or refreshments 6 

without the consent of the licensee of such grove, or engages in gaming 7 

or horse racing, or exliibits or oft'ers to exhibit any show or play, shall 8 

forfeit not more than twenty dollars. 9 



ChAI'. 140.] LICENSES. 1753 

STEAMBO.\TS. 

1 Section 191. The aldermen or selectmen may license any person to License. 

2 run a steamboat or other boat propelled by power other than nniseular rI^'io^^'s um. 

3 power for the conveyance for hire of passengers on lakes, ponds or waters fg/o m Vi '' 

4 not within the maritime jurisdiction of the United States. i5o Mass! 221'. 

1 Section 192. Such licenses shall be granted for a term of not more Form of 

2 than one year, and shall be recorded by the clerk of the town where Pos'thm. ^'"'' 

3 they are granted, who shall receive a fee of one dollar for recording each p*l?'i'J'2'''§\2i 

4 license. Every such license shall set forth the name of the steamboat ?j^i; ^°^- 

5 or other boat, of the master and owner, and the number of passengers 1910T125, §2. 

6 it is permitted to carry at any one time, with the number of life preservers 

7 that shall be carried. The license shall be posted in a conspicuous place 

8 therein, and the number of passengers specified in such license shall in 

9 no case be exceeded. 

1 Section 193. Whoever runs a steamboat or other boat propelled by Penalty. 

2 power other than muscular power for the conveyance of passengers for Ifl.'l""' 

3 hire on such waters without first obtaining such license from the aldermen r. il'foi^ '"'' 

4 of every city and the selectmen of every town within which such steam- lg^^\25 3 

5 boat or other boat lands or receives passengers for hire shall be punished 

6 by a fine of not more than fifty dollars. 

BOATING AND BATHING. 

1 Section 194. Cities and towns which accept this and the two follow- License. 

2 ing sections or have accepted corresponding provisions of earlier laws ^^'°' ■*°°' ^ '' 

3 by a vote of the city council or of the town at a town meeting called for 

4 the purpose may prohibit any person from carrying on the business of 

5 renting boats or bathing suits, for use upon or in so much of the waters 

6 of any great pond as is situated within the town, without first obtaining 

7 a license so to do from the aldermen or selectmen. 

1 Section 19.5. The aldermen of such cities and the selectmen of sucli Posting 

2 towns shall cause to be posted in the immediate vicinity of such ponds igio^Mo, § 2. 

3 notices stating that sections one hundred and ninety-four to one hun- 

4 dred and ninety-six, inclusive, have been accepted by the city or town. 

1 Section 196. Whoever in such a city or town, without obtaining a Penalty for 

2 license under section one hundred and ninety-four, if one is required, ucensc."'"'""' 

3 engages in the business described in said section, shall be punished by "''°' ■'°°' ' ^• 

4 a fine of not more than ten dollars. 

gener.\l provisions. 

1 Section 197. Whoever, himself or by his servant or agent, admits Admission of 

2 a child under fourteen to any licensed show or place of amusement unless certliS"enter- 

3 such chilfl is accompanied by a person over twenty-one, shall, on com- penaTil«r 

4 plaint of a parent or guardian of the child or of any police officer or of a f88f''l'4"™- 

5 supervisor of attendance of the town in which the child is so admitted, f^^ ^02. 

6 be punished by a fine of not more than one hundred dollars; but he shall 1906.107. 

7 not be liable to said fine if a child apparently fourteen years old has 1910; lai: 

8 obtained admission by any written misrepresentation or by any unau- fus.^^*' 

9 thorized entrance to said place of amusement, or has entered with and 



1754 



LICENSES. 



[Chap. 140. 



apparently in the company of a person over twenty-one but does not 10 

remain with such person, provided the person in charge of said place 11 

of amusement shall remove such child immediately therefrom upon 12 

knowledge that the child is under fourteen and not then accompanied by 1.3 

a person over twenty-one. This section shall not apply to shows or 14 

entertainments which take place before six o'clock in the afternoon and 15 

diu'ing the hours that the school of which the Child attending such show 16 

or entertainment is a pupil is not in session. It shall be prima facie 17 

evidence that such school is in session if the public schools are in session 18 

in the town where said show or entertainment takes place. 19 



y^iSg pe°sona SECTION 198. No proprietor, lessee or manager and no employee of a 
indtkatin^"' proprietor, lessee or manager of any public hall or room in which dancing 
rinks regulated. QT rollcr skating is practiced, and for admission to which money or other 
§§ i.'z. ' valuable thing is accepted, shall admit, while dancing or roller skating 
is practiced therein between six in the afternoon and six in the fore- 
noon, any person under seventeen unless such person is accompanied 
by a parent, guardian or adult member of the family with whom such 
person is residing; and any minor may be refused admission to or ex- 
cluded from any such hall or room while a dance or roller skating is 
being carried on therein, unless such minor produces evidence satisfactory 10 
to the proprietor or his agent that he is over seventeen. This section 11 
shall not apply to a dance given by any charitable or religious society, 12 
or by any public or private school, or by any class, society or club the 13 
membership of which is restricted to some particular charitable or reli- 14 
gious society or to some particular public or private school. 15 



rffaw^"""^ Section 199. A copy of sections one hundred and ninety-eight to 1 

1906,384, §3. two liundrcd, inclusive, shall be posted at the entrance of every public 2 

hall or room where roller skating or public dances are practiced. 3 

floe^sM 5 4 Section 200. Whoever violates any provision of the two preceding 1 

sections shall be punished by a fine of not less than five nor more than 2 

one hundred dollars or by the forfeiture of his license, or both. 3 



Office 


?rs may 


enter billiard 


rooms, etc. 


Penalty. 




1855. 


429, 


5 2. 


1859, 


219. 




G. S. 


88, 


5 72. 


1862, 


222. 




1880, 


94. 




P. s. 


102, 


5123. 


1885, 


196, 


5 3; 


309, 


§3. 




R. L. 102, § 185. 


Form 


1, etc 


., of 


certain licenses. 


1839, 


53, 


§2. 


1855, 


121, 


§2. 


G. S. 


88, 




§5 26 


1, 29. 




1876, 


147, 


§1. 


1879, 


102, 


§3. 


1880, 


84; 


94. 


P. S. 


102, 


§124. 


1882, 


258. 




1885, 


196, 


§1; 


309, 


§1: 




323, 


§2. 




1895, 


497, 


§2. 


R.L. 


102, 


§1S6. 



Section 201. A sheriff, marshal or their deputies, a constable or 
police officer may at any time enter a billiard, pool or sippio room, bowling 
alley, skating rink, the licensed premises of a common victualler or room 
connected therewith, or a grove required to be licensed under section one 
hundred and eighty-eight, or any building therein, for the purpose of en- 
forcing any law; and whoever obstructs or hinders the entrance of such 
officer shall be punished by a fine of not less than five nor more than 
twenty dollars. 

Section 202. Licenses granted to keepers of intelligence offices, 
dealers in junk, old metals and second hand articles, junk collectors, 
pawnbrokers and keepers of billiard saloons, pool or sippio rooms or 
tables, bowling alleys, skating rinks and picnic groves shall, except as 
hereinafter provided, be signed by the clerk of the town where they are 
granted. Every such license shall, before being delivered to the licensee, 
be recorded by the town clerk, in a book kept for that purpose. Such 
license shall set forth the name of the licensee, the nature of the business, 
and the building or place in such town iu which it is to be carried on, and 



Chaps. 140, 141.] licenses, supervision ok electrici.'VNs. 



1755 



10 shall continue in force until May first following unless sooner revoked, jj^f'j"^' 

11 The board or officer issuing such a license shall, except as provided in i928, 28. 

12 section seventy-seven, receive for the use of the town such amount, not 
1.3 less than two dollars for each license, as the board or officer considers 
14 reasonable. In Boston licenses for keepers of intelligence offices, billiard 
1.5 saloons, pool or sippio rooms or tables, bowling alleys, skating rinks and 

16 picnic groves shall be signed by the licensing board and recorded by its 

17 clerk; the other licenses shall be signed by the police commissioner and 

18 recorded by his clerk. 

1 Section 20.3. Such licenses maj- be granted in April, to take effect on Term of such 

2 May first following. 

1876, 147, § 2. P. S. 102, § 125. R. L. 102, § 187. 



1 Section 204. A license issued as aforesaid shall not protect the sunh licenses 

2 holder thereof in a building or place other than that designated in the iifpiaces'' 

3 license unless consent to removal is granted by the licensing board or isre', 147, § 3, 

4 officer. 

p. S. 102, § 126. R. L. 102, § 188. 



1 Section 205. Upon the revocation of such a license, such clerk shall ^"hTiceMes"^ 

2 note the revocation upon the face of the record thereof, and shall give f?Ifio"'§\27 

3 written notice to the licensee by delivering it to him in person or by leav- R '.^ 102, 

4 ing it at the place of business designated in the license. 



CHAPTER 141. 

SUPERVISION OF ELECTRICIANS. 



Sect. 

1. Registration of persons, firms, etc., to 

install wires or apparatus for electric 
light purposes, etc. Definitions. 

2. State examiners of electricians. Rules, 

examinations, etc. 

3. Forms of licenses. 

4. Certificates not transferable. May be 

suspended or revoked. 



Sect. 
5. Penalties. 

G. Liability of holder of a master's certifi- 
cate. 

7. Not to apply to certain work. 

8. Exemption of apprentices and certain 

electricians. 

9. Penalty for misstatement. 
10. Disposition of fees and fines. 



1 Section 1. No person, firm or corporation shall enter into, engage Registration of 

2 in, or work at the business of installing wires, conduits, apparatus, fi.x- ct",°to insVaTi' 

3 tures or other appliances for carrying or using electricity for light, heat "pplTratus 

4 or power purposes, either as master electrician or as journeyman elec- fjgh"t'purpo8es, 

5 trician, unless such person, firm or corporation shall have received a ';'<■• . . 

, ,. , •!■ 1 e • 111 • r. 1 nefinitions. 

I) license and a certificate thereior, issued by the state examiners of elec- 1915,296, § 1. 

7 tricians and in accordance with the provisions hereinafter set forth. 

8 The words "master electrician" as used in this chapter shall mean a ■■ Master eiec- 

9 corporation, firm or person, having a regular place of business, who, by defi'S. 

10 the employment of journeymen, performs the work of installing wires, 

11 conduits, apparatus, fixtures and other appliances for carrying or using 

12 electricitj- for light, heat or power purposes. 



1756 



SUPERVISION OF ELECTRICIANS. 



[Chap. 141. 



e£trici7n"*° ^^^ words "journeyman electrician " as used in this chapter shall mean 13 
defined. a person doing any work of installing wires, conduits, apparatus, fixtures 14 

496. and other appliances for hire. 15 



State examiners 
of electricians. 
Rules, exami- 
nations, etc. 
1915, 296, i 2. 



Annual report. 

Conduct of 

examinations, 

etc. 

225 Mass. 192. 

4 Op. A. G. 

631. 



Section 2. The state examiners of electricians, in this chapter called 1 
the examiners, may make necessary rules for the proper performance of 2 
their duties. 3 

They shall hold frequent examinations in Boston, and, twice in each 4 
year, shall hold examinations in at least five other convenient places 5 
within the commonwealth, and they may hold annual or occasional exam- 6 
inations in other places. Public notice shall be given of all examinations. 7 

They shall make an annual report of their doings. 8 

In the conduct of the examinations they shall make uniform require- 9 
ments for all towns, which may be revised from time to time, as circum- 10 
stances require. Said examinations shall be sufficiently frequent to give 11 
ample opportunity for all applicants to be thoroughly and carefully ex- 12 
amined, may be written or in practical work, and may be supervised by 13 
one or more of the examiners, but no license shall be granted without 14 
the sanction of the examiners. 15 



Forms of 
licenses. 
1915, 296, 
55 2,3. 

1918, 213, § 1; 
257, § 342. 

1919, 5; 56; 
333, 6 8. 

1920, 2. 

4 Op. A. G. 
631. 



Fees. 

Re-examina- 
tion. 
1921,221, 5 1. 



Expiration 
and renewal. 
••Certifi- 
cate A." 



Section 3. Two forms of licenses shall be issued. The first, herein- 1 
after referred to as "Certificate A", shall be known as "master elec- 2 
trician's license", and the second, hereinafter referred to as "Certifi- 3 
cate B", shall be known as "journeyman electrician's license". 4 

(1) "Certificate A" shall be issued to any person, firm or corporation 5 
engaged in or about to engage in the business of installing electrical 6 
wires, conduits, apparatus, fixtures and other electrical appliances, qual- 7 
ified under this chapter. The certificate shall specify the name of the 8 
person, firm or corporation so applying, and the name of the person, who 9 
in the case of a firm shall be one of its members, and in the case of a cor- 10 
poration, one of its officers, passing said examination, by which he or it 11 
shall be authorized to enter upon or engage in business as set forth 12 
therein. The holding of "Certificate A" shall not entitle the holder 13 
individually to engage in or perform the actual work of installing elec- 14 
trie wires, conduits and appliances as previously described in this chap- 15 
ter, but shall entitle him to conduct business as a master electrician. 16 

(2) "Certificate B" shall be granted to any person who has passed an 17 
examination before the state examiners of electricians. It shall specify 18 
the name of such person, who shall thereby be authorized to engage in 19 
the occupation of a journeyman electrician. 20 

(3) Persons desiring an examination shall make written application 21 
therefor, accompanied by the proper fee, which shall be twenty-five 22 
dollars for "Certificate A" and five dollars for "Certificate B". An 23 
applicant failing in his examination shall not have his fee returned to 24 
him, but shall be entitled to one free re-examination. For each subse- 25 
quent re-examination for "Certificate A", he shall pay fifteen dollars 26 
and for "Certificate B", one dollar. 27 

(4) Each "Certificate A" shall expire on July thirty-first in each 28 
year, but may be renewed by the same person, or the same firm or cor- 29 
poration, acting by one or more of its members or officers, without 30 
further examination, upon payment of a fee of fifteen dollars, applica- 31 
tion therefor being made during the preceding month. 32 



Chap. 141.] supervision of electricians. 1757 

33 (5) Each "Certificate B" shall expire on July thirty-first in each year, "Certifi^ 

34 but may be renewed upon payment of a fee of one dollar, and upon the 192I, 221. } 2. 

35 same conditions set forth in the preceding paragraph. 

36 (6) Holders of "Certificate A" shall keep their certificate of registra- Holders to 

37 tion displayed in a conspicuous place in their principal offices or places fificites^eVc. 

38 of business. Holders of "Certificate B" shall be furnished by the exam- 

39 iners with evidence of having been so licensed, in card form or otherwise, 

40 which shall be carried on the person of the licensee and exhibited on 

41 request. 

42 (7) Any certificate ex-piring while the holder thereof is in the military 

43 or naval service of the United States shall be renewed without further 

44 examination, upon payment of the prescribed fee, at any time within 

45 four months after such person's discharge from the service. 

46 (8) Examination papers and applications for "Certificate A" and Examination 

47 "Certificate B" shall be preserved for at least three years, after which preserved. 

48 time they may, at the discretion of the examiners, be destroyed. 

49 (9) Records of the meetings of the examiners shall be open for inspec- Records to be 

50 tion at all times, and they shall have printed annually a manual of their "fc" '" ^'^^^''• 

51 regulations, including the names of all licensees. 

1 Section 4. No certificates issued under this chapter shall be assign- certificates 

2 able or transferable. They may, after hearing, be suspended or revoked abfe"''Ml"be 

3 by the examiners upon failure or refusal of the licensee to comply with Jl^Pked'''' " 

4 the rules and requirements of the examiners, or for other sufficient cause, js}-!' 296. § 4 

1916, 199, 5 2. 

1 Section 5. Any person, firm or corporation, or employee thereof, ri"?'^^ - 

2 and any representative, member or officer of such firm or corporation 

3 individually, entering upon or engaging in the business and work here- 

4 inbefore defined, without having complied with this chapter, shall for 

5 the first ofi'ence be punished by a fine of not less than ten nor more than 

6 one hundred dollars, and for a subsequent offence by a fine of not less 

7 than fifty nor more than five hundred dollars or by imprisonment in the 

8 house of correction for six months, or both. 

1 Section G. No person, firm or corporation holding a "Certificate A" f''?d'''*V^ 

2 shall be liable for work done by his or its employees, unless it appears master's cer- 

3 that such work was done with his or its knowledge or consent or by his i9i5, 296. § 6. 

4 or its authorization. 

1 Section 7. This chapter shall not apply to the installation, repairing Not to apply 

2 and wiring of ele\ators or to work in connection with the erection, con- work"^'" 

3 struction, maintenance or repair of lines for transmission of electricity '®'^' ^^^' ^ ^ 

4 from the source of supply to the service switch on the premises where 

5 used by municipal electric plants, by electric companies as defined in 

6 section one of chapter one hundred and sixty-four, by gas companies 

7 authorized to make or sell electricity, by electric street railway com- 

8 panics, by electric railroad companies or by railroad companies; nor to 

9 the work of such plants or companies on premises owned or controlled 

10 by them; nor to the work of said municipal electric plants or of said elec- 

11 trie or gas companies in installing, maintaining and repairing, on the 

12 premises of customers, service connections and meters and other appa- 

13 ratus and appliances remaining the property of such plants or companies 

14 after installation; nor to work in connection with the lighting of public 

15 ways, alleys, private ways or private or public parks, areas or squares; 



1758 



[Chaps. 141, 142. 



nor to the work of companies incorporated for the transmission of in- 16 
telligence by electricity in installing, maintaining or repairing wires, 17 
apparatus, fixtures or other appliances used by such companies and nee- 18 
essary for or incident to their business, whether or not such wires, con- 19 
duits, apparatus, fixtures or other appliances are on its own premises. 20 



Exemption of 
apprentices and 
certain elec- 
tricians. 
1915, 296, § 8. 
4 0p.A. G, 
496. 



Section 8. This chapter shall not forbid the employment of learners 1 
or apprentices working with and under the direct personal supervision 2 
of licensed journeymen electricians. 3 

Electricians employed by theatrical companies may install temporary 4 
wiring and appliances required for the purpose of the engagement of any 5 
such company, subject to the supervision of a person licensed under this 6 
chapter. 7 

Electricians regularly employed by firms or corporations other than 8 
holders of "Certificate A" may install such electrical wiring, conduits 9 
and appliances or make such repairs as may be required only on the 10 
premises and property of such firms or corporations; provided, that such 11 
electricians hold journeymen's licenses, and have complied with this 12 
chapter. 13 



Penalty for 
misstatement. 
1915, 296, § 9. 

1918, 257, 
§343. 

1919, 5. 

1920, 2. 



Section 9. Any person applying for a journeyman's license and 
making any misstatement as to his experience or other qualifications, 
or any person, firm or corporation subscribing to or vouching for any 
such misstatement, shall be subject to the penalties set forth in section 
five. 



Disposition of SECTION 10. Fccs and fincs collected under this chapter shall be paid 1 

fees and fines. ^ ^ ^ 

1915, 296, § 6. to the commonwealth. 2 



CHAPTER 142. 

SUPERVISION OF PLUMBING. 



Sect. 

1. Definitions, 

2. Application of chapter. 

3. Master plumbers and journeymen 

must be licensed, etc. 

4. Rules for examinations of plumbers, etc. 

5. Fees for licenses, examinations and re- 

newals. 

6. Licenses valid throughout common- 

wealth. Registration. Revocation 
and deferred renewal of licenses. 

7. Notice to examiners of violation of 

statute, etc. 

8. Rules as to construction, etc., in cer- 

tain towns. Revision of rules. 

9. Appointment and compensation of in- 

spectors of plumbing. Appeal from 
inspector's decision, etc. 



Sect. 

10. Inspection districts. 

11. Appointment and duties of inspectors 

in cities and in certain towns. 

12. Appointment of additional inspectors. 

13. Regulation of plumbing, fixtures, etc. 

14. Sections 1 to 16 to apply to persons 

learning business, when. 

15. Expenditure of fees. 

16. Penalty for certain violations. Penalty 

for violation by towns. 

17. Marking, etc., of range boilers. 
IS. Same subject. 

19. Penalty for violation of §§ 17 and 18. 

20. Exception to §§ 17, IS and 19. 



Section 1. In this chapter the following words shall have the fol- 1 



Definitions. 
1894, 455, § 1. 

{gogjaeifg; lowing meanings: 



Chap. 142.] supervision of plumbing. 1759 

3 "Certificate", a certificate of registration issued in accordance with 1925. 348, §3. 

4 section three of chapter five hundred and thirty-si.x of the acts of nine- 22.') ivuss! 192. 

5 teen hundred and nine, section two of chapter five hundred and ninety- *op.a.g.252. 

6 seven of tlie acts of nineteen hundred and ten or chapter five hundred 

7 and eighteen of the acts of nineteen hundred and twelve. 

8 "Examiners", the board of state examiners of plumbers appointed 

9 under section thirty-six of chapter thirteen. 

10 "Journeyman ", a person who himself does any work in plumbing sub- 

11 ject to inspection under any law, ordinance, by-law, rule or regulation. 

12 "Master plumber", a plumber having a regular place of business and 
1.3 who, by himself or journeymen plumbers in his employ, performs plumb- 

14 ing work. 

15 " Practical plumber", a person who has learned the business of plumb- 
1() ing by working for at least two years as an apprentice or under a verbal 
17 agreement for instruction and who has then worked for at least one year 
IS as a journeyman plumber. 

19 "Registered", registered in accordance with section three of chapter 

20 five hundred and thirty-six of the acts of nineteen hundred and nine, 

21 section two of chapter five hundred and ninety-seven of the acts of nine- 

22 teen hundred and ten or chapter five hundred and eighteen of the acts of 

23 nineteen hundred and twelve. 

1 Section 2. Sections one to seven, inclusive, sections eleven and ofP^Ji'^^g"'' 

2 twelve and sections fourteen to sixteen, inclusive, shall apply to all [ms, 453. ^^ 

3 cities, and section thirteen shall apply to all cities except Boston; pro- 1909. 536,' § 8. 

4 vided, that any such city except Boston may by vote of its city council 1911! 262! 

5 exempt from the provisions of said sections any or all of its territory 

6 lying outside of the limits of the water supply of such city, or uncon- 

7 nected ^\'ith a common sewer. Sections one, three, six and seven and 

8 sections eleven to sixteen, inclusive, shall apply to all towns which by 

9 vote of their inhabitants accept said sections or have accepted cor- 

10 responding provisions of earlier laws, and said sections, except section 

11 thirteen, shall apply to all towns which accept rules formulated by the 

12 examiners under sections eight and nine or have accepted them under 

13 corresponding provisions of earlier laws. 

1 Section 3. No person shall engage in the business of a master Master 

2 plumber or work as a journeyman unless he is lawfully registered, or has foumeymen 

3 been licensed by the examiners as provided in this chapter. The license i"en'sed. etc. 

4 or certificate of a journeyman shall be exhibited whenever required by [HI- *^^; | }; 

5 an inspector of plumbing. Every master plumber's license or certificate ^^- io3. § 1. 

6 shall at all times be displayed conspicuously within his place of business. 213 Mass! i38. 

217 Mass. 134. 219 Mass. 219. 248 Mass. 220. 4 Op. A. G. 252. 

1 Section 4. The examiners mav make such rules as they deem neces- Rules for 



o 



sary for the proper performance of their duties, which shall take effect " pTunfbers,' 

3 when approved by the department of public health. They shall examine ^^93 4-7 

4 each applicant desiring to engage in the business of a master plumber or 5|^2. 4.__ 

5 to work as a journeyman, as to his practical knowledge of plumbing, yr*,.,' 

6 house drainage and plumbing ventilation, and subject him to a practical §§2,4. 

7 test satisfactory to the examiners, who if satisfied of his competence shall 225 Mass'. 192. 

8 issue to him a license as applied for. They shall hold frequent e.xamina- 

9 tions in Boston and, twice in each year, hold examinations at five other 
10 convenient places within the commonwealth. Public notice shall be 



1760 



SUPERVISION OF PLUMBING. 



[Chap. 142. 



given of all examinations. Every application for examination shall be 11 

in the handwriting of the applicant who shall be notified by the exam- 12 

iners of the time and place of examination. The examiners may, without 13 

payment of any fee, issue a probationary license in force for six months to 14 

a person who, having worked as an apprentice, or under a verbal agree- 15 

ment for instruction, for not less than three years, presents an applica- 16 

tion therefor with the signed endorsement of his employer agreeing to be 17 

responsible for all work done under the license and to have the licensee, 18 

at the ex-piration of the license, present himself for examination as a 19 

journeyman. 20 



Fees for 
licenses, 
examinations 
and renewals. 

1893, 477, § 4. 

1894, 455, § 4. 
R. L. 103. § 4 
1909, 636, § 3. 
1925, 348. § 4. 



Section 5. The fee for the first license of a master plumber shall be 1 

fifteen dollars; for any renewal thereof or an examination therefor, 2 

five dollars. The fee for the first license of a journeyman shall be five 3 

dollars; for any renewal thereof, two dollars; and for an examination 4 

therefor, five dollars. 5 

1927. 154. 



Licenses 
valid 

throughout 
common- 
wealth. 
Registration. 
Revocation 
and deferred 
renewal of 
licenses. 

1893, 477, § 4. 

1894, 455, § 4. 
R. L. 103, § 4. 
1909, 536, § 4. 
1928, 76, § 1. 

1930, 397. 

1931, 193. 
Op. A. G. 
(1920) 106. 



Section 6. Licenses and certificates issued by the examiners shall 1 
be valid throughout the commonwealth, but shall not be assignable or 2 
transferable. The examiners shall forward to the board of health of 3 
each town, or to the inspector of buildings having control of the enforce- 4 
ment of regulations relative to plumbing in such town, the names and 5 
addresses of all persons in such town to whom such licenses have been 6 
granted. Licenses shall be issued for one year and may be renewed 7 
annually on or before May first upon payment of the required fee. 8 
Each holder of a master plumber's certificate or license shall register 9 
his name and business address with said inspector of buildings if he has 10 
such control, otherwise with the board of health, in the town wherein 11 
he desires to engage in business as a master plumber. Any such license 12 
or certificate may, after notice and hearing, be suspended or revoked 13 
by the examiners upon the violation by the holder thereof of any statute, 14 
ordinance, by-law, rule or regulation relative to plumbing, upon failure 15 
or refusal of the holder thereof to comply with the rules and requirements 16 
of the examiners, or for other sufficient cause. In case of failure to 17 
renew a license as aforesaid on or before May first in any year, the 18 
person named therein may, upon payment of the said fee and a de- 19 
ferred renewal fee of ten dollars, increased by such additional fees as 20 
would have been payable had such license been continuously renewed, 21 
receive a deferred renewal thereof which shall e.xpire on the ensuing 22 
first day of May; provided, that such renewed license shall not constitute 23 
its holder a licensee for any period preceding its issue. 24 



Notice to 
examiners of 
violation of 
statute, etc. 
1909, 536, § 4. 
1928, 76, 5 2. 



Section 7. If in the opinion of such inspector of buildings, if any, 
otherwise of the board of health, of a town, the holder of a license or 
certificate violates any statute, ordinance, by-law, rule or regulation 
relative to plumbing, the said inspector or board of health of the town 
where such violation is committed shall give notice thereof to the ex- 
aminers. 



Rules as to 
construction, 
etc., in certain 
towns. 
Revision 
of rules. 
1909, 536. § 5. 



Section 8. Upon petition of the board of health of any town which 1 

has not prescribed regulations relative to plumbing under section thir- 2 

teen or corresponding provisions of earlier laws, the examiners shall 3 

formulate rules relative to the construction, alteration, repair and in- 4 



Chap. 142.] supervision of plumbing. 1761 

o spection of all pliiinbiiif; work witliln such towii, which rules, when 

approved by the (Itpartmciit of public health aiiij accepted by the said 

7 board of health and published once a week for three consecutive weeks 

8 in some newspaper published in said towTi, shall have the force of law. 

9 Such rules may be revised by the examiners upon petition of the board 
10 of health. 

1 Section 9. Within thirty days after rules have taken effect as pro- Appointment 

2 vided in the precedinjj section, the local board of health shall appoint sat'ionTf"*'''' 

3 an inspector of jjlumbint; having the qualifications and duties specified "iu'^.'ibing °' 

4 in sections eleven and twelve to hold office for three years unless, after ;t,H',','.,a ''^■"" 

5 hearing, sooner removed for cause. He shall receive from the town dwision, etc._ 

6 compensation to be fixed by the appointing board, subject to the ap- 

7 proval of the selectmen. Appeal from a decision of such inspector may 
S be made to the examiners within ten days from the date of notice of his 
9 decision. The appellant shall deposit five dollars with the examiners 

10 to be returned if the appeal is sustained, otherwise to be paid to the 

11 commonwealth. The decision of the examiners, a copy of which shall be 

12 served on each person interested, shall be subject to the approval of the 

13 department of public health and to review by the superior court. 



1 Section 10. Two or more towns may unite in forming an inspection inspection 

2 district, the expense thereof to be paid on such basis as may be agreed loool'sl'd, § 6. 

3 upon by the boards of health thereof. 



1 Section 11. The said inspector of buildings, if any, otherwise the Appointment 

2 board of health, of each city and town, shall, within three months after Sunspectora 

3 it becomes subject to sections one to sixteen, inclusive, appoint from the |" ceVSn"'' 

4 classified ci\il service list one or more inspectors of plumbing who shall \lg^%Tj 5 s 

5 be practical plumbers and shall have had practical experience either as i*^*- ^ss', § 5. 

6 master plumbers or journeymen, continuously, during five years next R i- los] § 5. 

7 preceding their appointment; provided, that any time spent in service 1923! 194! 

8 in the army, navy or marine corps of the United States in time of war "^' ^'^^^' ^^°' 

9 or insurrection shall be deemed a part of the period of continuous prac- 

10 tical experience so required. Such inspector of buildings or board may 

11 remove them for cause shown and shall, subject to approval of the city 

12 council or selectmen, fix their compensation which shall be paid by the 

13 city or town. Said inspectors of plumbing shall inspect all plumbing in 

14 process of construction, alteration or repair for which permits are granted 

15 within their respective cities and towns and shall report to their appoint- 

16 ing power or board violations of any law, ordinance, by-law, rule or 

17 regulation relative to plumbing; they shall perform such other appro- 
IS priate duties as may be required. The approval of plumbing by any 

19 inspectors other than those provided for by this chapter shall not be a 

20 compliance therewith. 

1 Section 12. No inspector of plumbing shall inspect or approve any Appointment 

2 phmibing work done by himself, his employer, employee or one employed "nspectorT" 

3 with him, but in a city or town subject to sections one to sixteen, inclu- r.^'l. 103, 1 6. 

4 sive, the said inspector of buildings, or the board of health, shall in the 

5 manner provided in the preceding section appoint an additional inspector 

6 of plumbing as therein provided, who shall inspect plumbing so done. 

7 Said additional inspector may act in the absence or disability of the 
•8 local inspector and for his services shall receive like compensation. This 



1762 SUPERVISION OF PLUMBING. [ChAP. 142. 

section shall not apply to any city or town establishing an annual sal- 9 
ary for the inspector of plumbing, and in such city or town the inspector 10 
of plumbing shall not engage in or work at the business of plumbing. 11 

plumbing," °^ Section 13. Each city, except Boston, and each town which has 1 

isss^ios',*! 1. 2"^^ thousand inhabitants or more or which has a system of water supply 2 

1894' 455' I 7' ^^ sewerage, shall by ordinance or by-law prescribe regulations for the .3 

1895! 453; §1. materials, construction, alteration and inspection of all pipes, tanks, 4 

1 dp! A. G. 290. faucets, valves and other fixtures by and through which waste water or 5 

sewage is used and carried; and shall j^rovide that such pipes, tanks, 6 

faucets, valves or other fixtures shall not be placed in any building in 7 

such city or town, except in accordance with plans approved by said 8 

inspector of buildings, if any, otherwise by the board of health; and shall 9 

further provide that no plumbing shall be done, except to repair leaks, 10 

without a permit first being issued therefor, upon such terms and condi- 11 

tions as such cities or towns shall prescribe. This section shall not 12 

prevent boards of health from making such regulations relative to 13 

plumbing and house drainage authorized by law prior to July sixth, 14 

eighteen hundred and ninety-four, as are not inconsistent with any 15 

ordinance or by-law made under authority of this section. 16 

tiTaTOiy to° ^^ Section 14. Sections one to sixteen, inclusive, shall apply to all 1 
persons learn- persous learning the business of plumbing when they are sent out to do 2 

ing business, i i p * i o ^ 

when. the work or a journeyman. 6 

1894. 455, § 9. R. L. 103, § 9. 

ofTees'^""''' Section 15. Inspectors of buildings and boards of health may 1 

1894, 455, § 11. expend such portion of the fees collected by them under this chapter 2 

as is necessary to properly perform the duties imposed thereby, and 3 

they shall annually, before June first, make a detailed report to their 4 

respective cities or towns of all their proceedings under sections one to 5 

sixteen, inclusive, during the preceding year. 6 

lenfmvMa- Section 16. Every person engaged in the business of a master 1 

Penlitv for plumbcr or working as a journeyman not lawfully registered or licensed, 2 

violation by if required by this chapter; and every person engaging in or working 3 

1888, 105, § 2. at the business of plumbing in a city or town when forbidden so to do 4 

1894! 455] § 8. under section seven ; and every master plumber who engages or em- 5 

i9(k', 536, 1 %. ploys any person to work as a journeyman who has not been so regis- 6 

llsVatI' 192. tered or licensed ; and every person violating any provision of sections 7 

248 Mass. 165, one to fifteen, inclusive, of this chapter or any ordinance, by-law, rule 8 

or regulation made thereunder, shall be punished by fine not exceeding 9 

fifty dollars. Any city or town subject to the preceding sections of this 10 

chapter neglecting to comply with any of its provisions shall forfeit 11 

fifty dollars to the use of the commonwealth for each month during 12 

which such neglect continues. 13 

^range^' '*°' SECTION 17. No range boiler shall be sold or offered for sale unless 1 

i9i'"^i54 1 '^^ capacity is plainly marked thereon in terms of Massachusetts stand- 2 

ard liquid measure, and with the maker's business name, in such manner 3 

as to be easily identified. 4 

f9i6!i54!T2. Section 18. No copper, iron or steel pressure range boiler, plain 1 
1917, 39, § 1. Qj. galvanized, or other vessel or tank in which water is to be heated 2 



CILA.PS. 142, 143.] 



1763 



3 under pressure, shall be sold or offered for sale without having stamped 

4 thereon the maker's guarantee that it has been tested to not less than 

5 two hundred pounds hydraulic or hydrostatic pressure to the square 
(i inch, together with the maxinuiin working pressure at which it may be 
7 installed. And no such boiler, or other vessel or tank in which water is 
S to be heated under pressure, shall be installed if the working pressure is 
9 greater than forty-two and one half per cent of the guaranteed test 

10 pressure marked thereon by the maker. 

1 Section 19. Whoever sells or oilers or exposes for sale any range Penalty for 

2 boiler not marked or stamped as provided in the two preceding sections, Vu"? and"i8. 

3 or which is falsely marked as having a capacity which is greater by seven JoJy'; Jgf'j 2?' 

4 and one half per cent than its true capacity, or who marks or causes the 

5 same to be marked with such false capacity, shall be punished by a fine 
(i not exceeding fifty dollars. The inspectors of plumbing within their 

7 respecti\'e cities and towns shall cause this and the two preceding sec- 

8 tions to be enforced. 

1 Section 20. The three preceding sections shall not apply to the sale Exception to 

2 or offering for sale of installed range boilers or to the sale or offering for 19. ' 

3 sale of range boilers as junk. 

1910, 154, 8 4 



CHAPTER 143. 



INSPECTION AND REGULATION OF, AND LICENSES FOR, BUILDINGS, 
ELEVATORS AND CINEMATOGRAPHS. 



Sect. 

general piiovisioxs. 

1. Definitions. 

2. Height of buildings in cities. 



3. 
4. 
5. 
6. 



8. 



INSPECTION OF BUILDINGS. 

Regulations by cities and towns. 

Building limits in towns. 

Certain structures common nuisances. 

Inspector of buildings. 

Time allowed to remove or repair un- 
safe structure. 

Proceedings on failure to remove or 
repair. 

Dangerous structure to be removed 
or repaired by building inspector. 
Penalty. 

Person aggrieved may apply for jurj'. 

Notice to non-resident. 

Restraining illegal construction, etc. 

State inspector may inspect in certain 
cities and towns. 

Dangerous structures to be removed or 
repaired. 

15. Construction of public buildings. 

16. Penalty. 

17. Temporary flooring during construction. 

18. Same subject. 



etc., to be protected. 



Sect. 

19. Penalty. 

20. Hatchways, 

Penalty. 

21. Fire escapes, exits, etc. 

22. Fire escapes to be kept clear. Penalty. 

23. Stairways to be kept clear. Penalty. 

24. Fire extinguishers, etc. 

25. Wooden flues, etc., prohibited. 

26. Construction of theatres. 

27. Fire resisting partition, curtains, etc. 

28. Certificate of inspection. 

29. .Application for certificate. 

30. Notice of change in use of building. 

31. Notice of failure to conform to law. 

32. Schoolhouses in cities to have fire es- 

capes. 

33. Cities may require three storj' build- 

ings to conform to this chapter. 

34. Licenses for theatres, etc. 

35. Liability of licensee. 

36. Inspection of theatres, etc. 

37. Reports to be kept on file. 

38. Copies of ratings, etc., to be sent to 

licensee. Penalty for non-compli- 
ance with order. 

39. Copy of ratings, etc., may be posted. 

40. Penalty for false statement, etc. 



1764 



INSPECTION OF BUILDINGS, ETC. 



[Chap. 143. 



Sect. 

41 . Penalty for giving or receiving free pass. 

42. Ventilation and sanitation. Inspection 

by department of public health. 

43. Joint owner, etc., may provide fire es- 

cape. 

44. Watchmen in hotels, etc. 

45. Modification of preceding section. 

46. Further provisions for protection of life 

may be prescribed. Penalty. 

47. Rope fire escapes in hotels, etc. 

48. Inspection of hotels, etc. 

49. Certificate of inspector prerequisite to 

license. 

50. Penalty for hindering inspector, etc. 

51. Owner must see that law is obeyed. 

52. Penalty for unlicensed use as theatre, 

etc. 

53. General penalty. 

54. Enforcement. 

55. Appeal. 

56. Fees for experts. 

57. Restraining illegal erection, etc. 

68. Concurrent jurisdiction of inferior 
courts. 

59. Enforcement of inspectors' orders. 

60. Restraining illegal use, etc., of build- 

ings. 

61. Notice to assessors of permits for build- 

ing. 

ELEVATORS. 

62. Installation and inspection. 

63. Test of safety devices. 

64. Report of inspection. 



Sect. 

65. Certificate of inspection to be posted 

in elevator. 

66. Report of accidents and of defective ele- 

vators. 

67. Petition for changes in regulations. 

68. Board to amend regulations. 

69. Establishment of regulations. 

70. Appeal. 

71. Penalty. 

cinematographs. 

72. Regulation. 

73. Inspection. 

74. Fee for inspection. 

75. Licenses. 

76. Assistant's permit. 

77. Second class license. 

78. First class license. 

79. Eligibility for examination. 

80. .Special license. 

81. Suspending or revoking license or per- 

mit. 

82. Permits for special exhibitions. 

83. Application of certain sections. 

84. Penalty. 

85. Special licenses for operators in 

churches, schools, etc. 

86. Use of certain motion picture apparatus 

in schools, etc. 

87. Penalty for sale, false marking, etc., 

of certain film. 

88. Sale, etc., of motion picture apparatus 

regulated. Penalty. 



GENER.VL PROVISIONS. 



Definitions. 
R. L. 104, § 14. 
1904,450, § 1. 
1913,610, § 2; 
655, §§14, 
30, 39, 41; 
806, § 1. 
270 Maaa. 436. 



2 0p. A. G. 564. 



Section 1. In this chapter the followina; terms, unless a contrary 
meaning is required by the context or is specifically prescribed, shall have 
the following meanings: 

"Alteration", changes in or addition to a building. 

"Department", department of public safety. 

"Inspector", an inspector of the division of inspection of the depart- 
ment of public safety, except that in sections thirty-four to thirty-eight, 
inclusive, "inspector" shall include the inspectors of the building de- 8 
partment of Boston and in sections sixty-three to sixty-six, inclusive, 9 
"inspector" shall include a building inspector of a city or town. 10 

"Inspector of buildings", a building inspector of a city or town. 11 

"Miscellaneous hall", a building or part thereof containing an as- 12 
sembly hall with a seating capacity of not more than four hundred, a 13 
society hall, or a hall in a public or private school building. 14 

"Public building", any building or part thereof used as a public or 15 
private institution, schoolhouse, church, theatre, special hall, public hall, 10 
miscellaneous hall, place of assemblage or place of public resort. 17 

"Public hall", any building or part thereof, except theatres, armories, 18 
churches and schools, containing an assembly hall with a seating capacity 19 
of more than four hundred and used for public gatherings and for such 20 
entertainments, not requiring the use of scenery and other stage appli- 21 
ances, as the licensing officer may approve. 22 



Chap. 148.] inspection of buildings. 1765 

2.1 "Repair", tlic reconstruction or renewal of a building or part thereof 

24 damaged hy fire or other cause. 

25 "Special hall", a building or part thereof containing an assembly hall 

26 with a seating capacity of more than four hundred which may be used 

27 for occasional performances for the entertainment of spectators, with the 

28 use of scenery under such conditions as the licensing officer shall direct, 

29 and for public gatherings. 

30 "Story", any horizontal portion through a building between floor and 

31 ceiling of which the ceiling is six feet or more above the average grade 

32 of the sidewalk or ground adjoining. 

33 "Supervisor of plans", an inspector of the division of inspection of the 

34 department of public safety designated by the commissioner of public 
3.5 safety to receive the plans and specifications of all buildings subject to 

36 this chapter, to be erected or in which alterations are to be made, and 

37 to act officially upon them under the direction of the chief of inspections 

38 of the department of public safety. 

39 "Theatre", a building or part thereof in which it is intended to make 2 0p. a. g. sei. 

40 a business of the presentation of performances for the entertainment of 

41 spectators, which has a seating capacity of more than four hundred, with 

42 a stage which can be used for scenery and other stage appliances. 

1 Section 2. In a city no building shall be erected to a height of more Height of 

2 than one hundred and twenty-five feet above the grade of the street; dtii1'°^^'° 

3 but this restriction shall not apply to grain or coal elevators or sugar ^^l' ||^-. 37 

4 refineries, nor to steeples, domes, towers or cupolas erected for strictly ii4^n''s''9i '^" 

5 ornamental purposes, of fireproof material, on buildings of the above 

6 height or less. The supreme judicial or superior court may enforce this 

7 section and restrain any violation thereof. This section shall not apply 

8 to Boston. 

inspection of buildings. 
1 Section 3. Every city, except Boston, and every town which accepts Regulations 



by cities and 
towns. 



243. 
2, 4. 



2 this section or has accepted corresponding provisions of earlier laws 

3 may. for the prevention of fire and the preservation of life, health and '^^f; 

4 morals, by ordinances or by-laws consistent with law and applicable f^g^^ 'f|; Vjj 

5 throughout the whole or any defined part of its territory, regulate the Rj l'. 104', § 1. 

6 inspection, materials, construction, alteration, repair, height, area, loca- 1913.' ess,' § 1. 

7 tion and use of buildings and other structures within its limits, except 143 Mass! sqs! 

8 such as are owned or occupied by the United States or by the common- Im Mass! 241.' 

9 wealth, and except bridges, quays and wharves, and may prescribe penal- fH M^g Itt 

10 ties not exceeding one hundred dollars for every violation of such ordi- ;}? H""" ^Ih, 

11 nances or by-laws. 

224 Mass. 78. 244 Mass. 78. 262 Mass. 404. 



1 Section 4. In a town which accepts this and the following section Building 

2 or has accepted corresponding provisions of earlier laws, no dwelling wwns.'" 

3 house or other structure more than eight feet in length or breadth and 5§"i°'.|^^' 

4 seven feet in height, except detached houses or structures situated more \^^^ '^'j^,- W^ 

5 than one hundred feet from any other building and wooden structures R l'io*', §2. ' 

6 erected on wooden wharves, shall be built within such limits as the town 

7 may from time to time prescribe, unless made of and covered with an 

8 incombustible material, or unless a license is granted therefor by the 

9 selectmen for public good or necessity and recorded in the town records. 



1766 



INSPECTION OF BUILDINGS. 



[Chap. 143. 



Certain struc- 
tures common 
nuisances. 
1870, 375. § 2. 
P. S. 104, §3. 



Section 5. A building or structure erected in violation of the pre- 
ceding section shall be deemed a common nuisance without other proof 
thereof than proof of its unlawful construction and use; and the select- 
n^t. 104', f 3. ' men may abate and remove it in the same manner in which boards of 
health may remo\'e nuisances under sections one hundred and twenty- 
three to one hundred and twenty-five, inclusive, of chapter one hundred 
and eleven. 



1913, 655, 5 3. 



Inspector of 
buildings. 
1878, 47, § 1. 
P. S. 104, § 4. 
1894, 481. § 14. 
1899, 139, § 1. 
R. L. 104, § 4. 
1908, 221, § 1. 
1913, 655, § 4. 
1918, 291, § 23. 

207 Mass. 285. 

208 Mass. 51. 



Section 6. In a city or town which accepts this and the six follow- 1 

ing sections or has accepted corresponding provisions of earlier laws, 2 

the superintendent of public buildings or such other person as the mayor 3 

of such city or the selectmen of such town may designate shall be in- 4 

spector of buildings, and, immediately upon being informed by report 5 

or otherwise that a building or other structure or anything attached 6 

to or connected therewith in that city or town is dangerous to life or 7 

limb, shall inspect the same; and if it appears to him to be dangerous 8 

he shall fortltwith in writing notify the owner, agent or any person 9 

ha\'ing an interest therein to remove it or make it safe. If it appears that 10 

such structure would be specially unsafe in case of fire, it shall be deemed 11 

dangerous within the meaning hereof, and the inspector of buildings may 12 

affix in a conspicuous place upon its exterior walls a notice of its danger- 13 

ous condition, which shall not be removed or defaced without authority 14 

from him. 15 



Time allowed 
to remove or 
repair unsafe 
structure. 
1878, 47, § 2. 
P. S. 104, § 5. 
1888, 399, § 3. 
1894, 481, 
§§ 15, 49. 
1899, 139, § 2. 
R. L. 104, § 5. 
1913, 655, § 5. 



Section 7. Any person so notified shall be allowed until twelve 1 

o'clock noon of the day following the ser\-ice of the notice in which to 2 

begin to remove such structure or make it safe, and he shall employ 3 

sufficient labor speedily to make it safe or remove it; but if the public 4 

safety so requires and if the aldermen or selectmen so order, the inspec- 5 

tor of buildings may immediately enter upon the premises with the 6 

necessary workmen and assistants and cause such unsafe structure to 7 

be made safe or taken down without delay, and a proper fence put up 8 

for the protection of passers-by. 9 



Proceedings 
on failure to 
remove or 
repair. 

1878, 47, § 3. 
P. S. 104, § 6. 
1888, 399, § 4. 
1894, 481, 
§§ 16, 50. 
1899, 139, § 3. 
R. L. 104, § 6. 
1913, 655, § 6. 



Section 8. If an owner, agent or person interested in such unsafe 1 

structure refuses or neglects to comply with the requirements of such 2 

notice within the time limited, and such structure is not made safe or 3 

taken down as therein ordered, a careful survey of the premises shall 4 

be made by a board consisting in a city of the city engineer, the chief 5 

engineer of the fire department and one disinterested person to be ap- 6 

pointed by the inspector of buildings, and in a town of a surveyor, the 7 

chief engineer of the fire department and one disinterested person to be 8 

appointed by the inspector of buildings. If there is no city engineer in 9 

such city or no chief engineer of the fire department in such city or town, 10 

the mayor or selectmen shall designate one or more officers or other 11 

suitable persons in place of the officers so named as members of said 12 

board. A written report of such survey shall be made, and a copy 13 

thereof served on such owner, agent or interested person. 14 



Dangerous 
structure to 
be removed or 
repaired by 
building in- 
spector. 
Penalty. 
1878, 47, 
§5 4,5. 



Section 9. If such report declares such structure to be dangerous, 
and if the owner, agent or person interested continues such refusal or 
neglect, the inspector of buildings shall cause it to be made safe or taken 
down, and the costs and charges incurred shall constitute a lien upon the 
land upon which the building is located, and shall be enforced within the 



Chap. 14:5.] inspection of buildings. 1767 

6 time and in the manner provided for the collection of taxes on land; fo„^, 'l^; l^,, 

7 and sucli owner or interested person snail, tor every days contmuance is99. i.j9, § 4. 

8 of such refusal or neglect after ijcing so notified, forfeit to the city or 191.3, ess,' § 7.' 

9 town in which the structure is located not less than ten nor more than 
in fifty dollars. 

1 Section 10. An owner or interested person aggrieved by such order Person ag- 

2 may have the remedy prescribed by section two of chapter one hun- appry'foy'fury. 

3 dred and thirty-nine; but this section shall not prevent the city or {g^siivl 

4 town from recovering the forfeiture provided in the preceding section f.^ 1^104 
.5 from the date of the service of the original notice, unless the order is §§8-10. ' 
G annulled by the jury. 

1894, 4S1. §§ 18-20. 1899, 139, § 5. R. L. 104. § 8. 1913, 655, § 8. 

1 Section 11. If an owner or interested person lives out of the com- Notice to 

2 monwealth, the notice required by section six may be served upon him i878''47.Tib. 

3 by a notary public, whose certificate of service under his notarial seal fm, 48i,V2i. 

4 shall be sufficient evidence thereof. 

R. L. 104, 5 9. 1913, 655, § 9. 

1 Section 12. The supreme judicial or superior court may restrain Restraining 

2 the construction, alteration, repair, maintenance or use of a building or stSion°etc. 

3 structure in violation of any ordinance or by-law of a city or town and HI"'. 111'. § 3. 

4 order its removal or abatement as a nuLsance; and may restrain the further p*^|'i*J4 \\2 ' 

5 construction, alteration or repair of a building or structure reported to be J^^^' l^^'- 

6 dangerous, under a survey authorized by section eight, until the deter- §§4,' 22. ' 

7 mination of the matter, as provided in section ten. 

R. L. 104, § 10. 1913, 655, J 10. 

1 Section 13. Any inspector, if called upon by the aldermen of any state inspector 

2 city or by the selectmen of any town which has not accepted sections ™?t^ainTitieV° 

3 six to eleven, inclusive, shall inspect any building or other structure, ^sssImS^s i. 

4 or anything attached to or connected therewith, in such city or town jf®^' \l\' | f|- 

5 which has been represented to be dangerous to life or limb. i9i3. ess." § 12. 



1 Section 14. If it appears to such inspector that the building or Dangerous 

2 other structure, or anything attached to or connected therewith, is dan- b?ref^ved° 

3 gerous to life or limb in case of fire or otherwise, he shall cause it to be Jsslfagg.'^j 2. 

4 removed or rendered safe in the manner provided by sections six to ^^^l' \l\- 1 *^- 

5 eleven, inclusive, and may cause proceedings to be instituted under sec- i^i^, 655, 5 13. 

6 tion twelve. 

1 Section 15. Except in Boston, no building which is designed to be Construction 

2 used, or in which alteration shall be made for the purpose of using it, or buSdings. 

3 continuing its use, in whole or in part, as a public building, or as a factory, J|||; |I|; ^ '' 

4 workshop or mercantile or other establishment, and to have accommoda- f/gl^igg § , 

5 tions for ten or more employees, and no building more than two stories IS?'''.?*!; Ig' 

6 in height designed to be used above the second story, or in which altera- R l 104,' 

7 tion shall be made for the purpose of using it, or continuing its use, in i9i.37fi'w, 

8 whole or in part, as an office building, dormitory, hotel, family hotel, lyMaS. .306. 

9 apartment house, boarding house, lodging house or tenement house, and l^ Mass! 496. 

10 to have eight or more rooms above said story, shall be erected, and no 48"' a' 8' 347' 

11 alteration shall be made therein, until a copy of the plans and specifica- 9,^,^, p. 

12 tions thereof has been deposited with the supervisor of plans by the 

13 person causing its erection or alteration or by the architect thereof. Such 



1768 



INSPECTION OF BUILDINGS. 



[Chap. 143. 



plans and specifications shall include those for heating, ventilation and 14 
sanitation, if the supervisor of plans so requires. Such building shall 15 
not be so erected or altered without sufficient egresses and other means IG 
of escape from fire, properly located and constructed. The supervisor of 17 
plans may require that stairways shall be enclosed, that they shall have 18 
suitable landings, that they shall be provided with hand rails, that egress 19 
doors and windows shall open outward and ha\-e approved hardware, 20 
that places of egress shall be properly lighted and designated, and that 21 
proper fire stops shall be provided in the floors, walls, partitions and 22 
stairways of such building. He may make such further requirements as 2.3 
may be necessary to prevent the spread of fire or its communication from 24 
any steam boiler or heating apparatus therein. The certificate of ap- 25 
proval by the supervisor of plans of such plans and specifications, en- 26 
dorsed with the approval of the chief of inspections of the department, 27 
or a specification of requirements necessary for compliance with sections 28 
fifteen to sixty, inclusive, set forth in detail and so endorsed, shall be 29 
issued to the person causing its erection or alteration, or to the architect 30 
thereof, and a copy of the same, together with the plans, shall then be 31 
turned o\'er to the inspector in whose district the building is to be erected 32 
or altered, who shall enforce the requirements thereof and super\ise such 33 
erection or alteration. After a certificate of approval or a specification 34 
of requirement has been issued, no change shall be made in the plans or 35 
specification or in the building without the written permission of the 36 
supervisor of plans. 37 



Penalty. 
1888, 316, § 2. 

1892, 419, 
§138. 

1893, 199, § 2. 
1894,382, § 3; 
481, §§ 26,39. 
R. L. 104, 

§§ 24, 53. 



Section 16. Whoever, except in Boston, erects, constructs or makes 
alteration in a building, or draws plans or specifications, or superintends 
the erection, construction or alteration of a building in violation of 
sections fifteen to sixty, inclusive, shall be punished by a fine of not less 
than fifty nor more than one thousand dollars. 

1913, 655, §§ 16, 52. 270 Mass. 490. 



Temporary 
flooring during 
construction. 
1901, 166, I 1. 
R. L. 104, §44, 
1909, 514. § 97. 
1913, 655, § 17. 
194 Mass. 431. 
213 Mass. 229, 

[Penalty, § 19.) 



Section 17. If, in the erection of an iron or steel framed building, 
the spaces between the girders or floor beams of any floor are not filled 
or covered by the permanent construction of said floors before another 
story is added to the building, a close plank flooring shall be placed and 
maintained over such spaces from the time when the beams or girders 
are placed in position until said permanent construction is applied ; but 
openings protected by a strong hand railing not less than four feet high 
may be left through said floors for the passage of workmen or material; 
provided, that when such flooring cannot be used without serious inter- 
ference with the work of construction, such provision shall be made to 
protect the workmen from falling material as the inspector shall direct. 11 



o 

4 
5 
6 

7 

8 

9 

10 



i9oi'^i66'T2 Section 18. In the construction of any iron or steel framed building 
^909 sil' 1 98 h^^'inR a "^l^^r story of twenty-five feet elevation or more, a staging with 
1913; 655! § is: a close plank flooring shall be placed under and not more than ten feet 
[Penalty, § 19.) bclow the uudcr sldc of the whole extent of the beams, girders or trusses 
of such story upon which iron or steel workers are working. 



Penalty. 
1901, 166, 



, , ^ ^ Section 19. Violations of any provision of the two preceding sec- 1 

1909' 5h' I 99 ^'0"s shall be punished by a fine of not less than fifty nor more than five 2 
1913,' 655! § 19: hundred dollars. 3 



Chap. 14:5.] inspection of buildings. 1769 

1 Section 20. Tlie openinjj.s of hoistways, hatchways and well holes Hatchways, 

2 on every floor of a public buildin;;, except in Boston, shall i)e protected protected! 

3 by sufficient trapdoors or seif-closiufj iiatches or sucii other safeguards i877*,'2^i4, § 2. 

4 as an inspector directs; and due diligence shall be used to keep such fs^ m^'^ 

5 trapdoors closed at all times except when in actual use bv the occupant l"^'-'*; *„*„'■ 

'^ 5541, D£ . 

6 of tiie building luuing the use and control of the same. Violations of k l. 104. 

7 this section shall be punished by a fine of not more than one hundred 1909.514. 

1 11 ■ §§36.96. 

8 dollars. 

1913, 806, ! 13. 14.5 Mass. 123. 202 Mass. 82. 213 Mass. .573. 

1 Section 21. Except in Bo.ston, any building in whole or in part used fxUsftt?*"'" 

2 as a public building, and any building in which ten or more persons i^^l'fg 

3 are employed in a factory, workshop, mercantile or other establishment, issd, 197. 

.. . PS 104 

4 and an office building, dormitory, hotel, family hotel, apartment house, §§ 1.5, is! 

5 boarding house, lodging house or tenement house which has eight or 1882.266^ 

G more rooms, or in which ten or more persons are accommodated, lodge \mi.%,i. §2. 

7 or reside abo\'e the second story, the owner, lessee or mortgagee in pos- 42«*'|~°''' 

8 session whereof is notified in writing by an inspector that sections fifteen }s|j^' |s|' 5 24. 

9 to sixty, inclusive, apply thereto, shall be provided with proper egresses R- l'. 104, 

10 or other means of escape from fire sufficient for tiie use of all persons i907.'5'o3, § 1. 

11 accommodated, assembled, employed, lodged or resident therein; but §'§26,52.' 

12 no owner, lessee or mortgagee in possession of such building shall be ileVats'L' 

13 deemed to have violated this provision unless he has been notified in 228 MaS 368 

14 writing by an inspector as to what additional egresses or means of escape ^q"' a 8 347' 
li) from fire are necessary, and for thirty days has neglected or refused to 

lU provide the same. The egresses and means of escape shall be kept uii- 

17 obstructed, in good repair and ready for use, and, if the inspector so 

18 directs in writing, every such egress shall be properly lighted and pro- 

19 vided with a sign having on it the word "Exit" in letters not less than 

20 five inches in height, and so made and placed as plainly to indicate to 

21 persons within the building the situation of such egresses; stairways 

22 shall have suitable hand rails; egress doors and windows shall open 

23 outwardly, and women or children shall not be employed in a factory, 

24 workshop, mercantile or other establishment in a room above the sec- 

25 ond story from which there is only one egress. The certificate of the 
20 inspector shall be conclusive evidence of a compliance with the said 
27 requirements. Portable seats shall not be allowed in the aisles or passage- 
2<S ways of such buildings during any service or entertainment held therein. 

29 Stairways on the outside of the building shall have suitable railed land- 

30 ings at each story above the first, accessible at each story from doors or 

31 windows, and sucii landings, doors and windows shall be kept clear of 

32 ice, snow and other obstructions. 

1 Section 22. Any article placed upon a fire escape or an outside means Fire escapes 

2 of egress of any building is hereby declared a common nuisance. Any 'icar. '"" 

3 court authorized to issue warrants in criminal cases may, upon com- {oos.'mV, § 1. 

4 plaint under oath made by any police officer that any article is placed or 

5 maintained upon a fire escape or outside means of egress of any building, 

6 i.ssue a warrant to bring such article when found before a court having 

7 jurisdiction of the same, and all articles seized under the authority of 

8 such a warrant shall be disposed of in like manner as gaming implements 

9 seized under chajjler two hundred and seventy-six. Any owner, lessee, 

10 tenant or occupant of any building who maintains or jjerinits to remain 

11 upon any fire escape or outside means of egress of any building any 



1770 



INSPECTION OF BUILDINGS. 



[ClL\P. 143. 



article for more than twenty minutes shall be punished by a fine of not 12 
more than one hundred dollars. The existence of any article upon a fire 13 
escape or outside means of egress of any building shall be prima facie 14 
evidence that such article was so placed, maintained or permitted to 15 
remain by tlie occupant of the premises having access from said build- 16 
ing to said fire escape or outside means of egress. 17 



Stairways to be 
kept clear. 
Penalty 
1905, 347, § 2. 



Fire extin- 
guishers, etc. 
1877, 214, 
§§4,9. 
P. S. 104, 
H 19, 23. 
1888, 426, § 9 
1894, 481, 
§§ 34. 39. 
R. L. 104, 
§§26, 53. 



Section 23. Every stairway of every building shall be kept free and 
unobstructed, and any person who permits any article to remain in any 
stairway of any building in such a manner as may impede the egress of 
any person lawfully in said building or the ingress of any person lawfully 
entitled to enter said building shall be punished by a fine of not more 
than five hundred dollars. The existence of any article in any such 
stairway in any building shall be prima facie evidence that it was placed 
or permitted to remain therein by the owner, lessee, tenant or occupant 
of the building. 

Section 24. Except in Boston, the basement and each story of a 
building which is subject to section twenty-one shall be supplied with 
means of extinguishing fire, consisting of a hose attached to a suitable 
v,-ater supply and capable of reaching any part of such basement or story, 
or of such portable apparatus as the inspector shall direct; and such 
appliances shall be kept at all times ready for use and in good condition. 

1913, 655. §5 21, 52. 



1 

2 
3 
4 
5 
6 



Wooden 
flues, etc., 
prohibited. 
1885, 326. 
1888,316, § 1; 
426, § 8. 

1892, 419, 
§ 138. 

1893, 199, § 1. 

1894, 481, 

§§ 25, 33, 39. 



Section 2.5. Except in Boston, no wooden flue or air duct for heat- 
ing or ventilating purposes shall be placed or remain placed in any build- 
ing subject to sections fifteen and twenty-one, and no pipe for conveying 
hot air or steam in such building shall be placed or remain placed 
within one inch of any woodwork, unless protected to the satisfaction 
of the inspector by suitable guards or casings of incombustible material. 

R. L.104, §§ 23, 53. 1913, 655, §§ 22, 52. 



1 

2 
3 
4 
5 
6 



Construction 
of theatres. 
1877, 214. § 5. 
P. S. 104. § 20. 
1894, 382, § 1. 
R. L. 104, 
§§ 36, 53. 
1913. 655. 
§§ 23, 52. 
189 Mass. 568. 

1 Op. A. G. 306. 

2 Op. A. G. 564. 



Section 26. Except in Boston, the audience hall in a building erected 1 

or designed to be used in whole or in part as a theatre, or in which any 2 

change or alteration shall be made for the purpose of using it as a theatre, 3 

shall not be placed above the second floor of such building. The au- 4 

dience hall and each gallery of every such building shall, respectively, 5 

have at least two independent exits, as far apart as may be; and if the 6 

audience hall is on the second floor, the stairways from said floor to the 7 

ground floor shall be enclosed with fireproof walls, and shall have no 8 

connection with the basement or first floor of the building. Every such 9 

exit shall have a width of at least twenty inches for tivery one hundred 10 

persons which such hall, or gallery from which it leads, is capable of 11 

holding; but two or more exits of the same aggregate width may be sub- 12 

stituted for either of the two recjuired exits. None of the required exits 13 

shall be less than five feet wide; provided, that the exits from a gallery 14 

capable of holding not more than one hundred and fifty persons may each 15 

be less than five feet but not less than three feet wide. 16 



Fire resisting 
partition, 
curtains, etc. 
1888, 207; 
426, § 1. 
1892, 419, 
S 138. 



Section 27. Except in Boston, the wall or partition between the 1 

auditorium and stage of every tlieatre shall be fireproof or fire resisting 2 

on the stage side, for the whole width of the auditorium and the whole 3 

height of the auditorium or stage, as the inspector shall direct, and all 4 



CHAI'. 143.] INSPECTION- OF BlILDIXGS. 1771 

5 tloors in sucli wall or partition shall be fireproofcd and provided with 1894.481, 
G approved self-closing devices. The proscenium or curtain opening shall im'335, j 1. 
7 have a fire resisting curtain of an incombustihle material, properly con- "537/53.' 
S structed and operated l\v approNed meehanism. There shall i)e one or {V^i^^t 
9 more \-eutilators near the centre and above the highest part of the stage, 

10 equal in area to one tenth of that of the stage floor back of the fire re- 

11 sisting curtain, and arranged so as to open automatically from heat, and 

12 by a cord or cords from the stage floor, as the inspector shall direct. 

1 Section 2S. Except in Boston and as otherwise pro\idefl by law, Certificate 

2 the inspectors shall from time to time examine all buildings within their i88s!42r),'T2. 

3 respective districts which are subject to sections fifteen to sixty, in- §*i'|s.''^'"*' 

4 elusive. If in the judgment of any such inspector such building con- 's".;?7''y[' 

5 forms to the requirements of said sections for buildings of its class, he f- '^- 1<!'»' 

6 shall issue to the owner, lessee or occupant thereof, or of any portion isii'sM, 

7 thereof used in the manner described in section twenty-one, a certificate 4 0p.a.g. 305. 

8 to that eft'ect, specifying the number of persons for whom the egresses 

9 and means of escape from fire are sufficient. Such certificate shall con- 

10 tinue in force for not more than five years after its date, but so long as 

11 it continues in force it shall be conclusive evidence of a compliance with 

12 said section by the person to whom it is issued. It shall be void if a 

13 greater number of persons than is therein specified are accommodated or 

14 employed, or assemble, lodge or reside within such building or portion 

15 thereof, or if such building is used for any purposes materially difi'erent 

16 from the purpose for which it was used at the time of the granting thereof, 

17 or if its interior arrangement is materially altered, or if any egresses or 
IS means of escape from fire in such building at the time of granting the 

19 said certificate are rendered unavailable or are materially changed. 

20 The certificate may be revoked by an inspector at any time upon written 

21 notice to the holder thereof or to the occupant of the premises for which 

22 it was granted, and shall so be revoked if, in the opinion of the inspector, 

23 circumstances have so changed that the existing egresses and means of 

24 escape are not proper and sufficient. A copy of said certificate shall 

25 be kept posted in a conspicuous place upon each story of such building 

26 by the occupant of the premises covered thereby. 

1 Section 29. Except in Boston, upon application to an inspector for a Application 

2 certificate under the preceding section, he shall issue to the applicant an isss?"^!^!'. 

3 acknowledgment thereof, which for ninety days, pending the granting j^fls*'®' 

4 or refusal of the certificate, shall ha\e the same effect as the certificate, ^^^^^ *^^- 

5 and such acknowledgment may be renewed by him with the same effect f l 104. 

6 for a further period, not exceeding ninety days. 

1913, 655, §§26. 52. 

1 Section 30. Except in Boston, if any change shall be made upon Notice of 

2 premises for which such certificate has been issued or in the use thereof of buUdlSg"^* 

3 which would render the certificate void according to section twenty-eight, Jl*?' Ijg' ^ *■ 

4 the person making such change shall forthwith give written notice thereof Lq'? 4g, 

5 to an inspector for the district or to the commissioner of public safety. §§29, 39." 

R. L. 104, §§ 17, 53. 1913, 655, §§ 27, 52. 

1 Section 31. Except in Boston, if an inspector finds that any building xotice of 

2 or part thereof subject to sections fifteen to sixty, inclusive, fails to con- confOTm°o 

3 form thereto, or if any change is made therein which would render a '*j,"g ^^e § s. 



1772 



INSPECTION OF BUILDINGS. 



[Chap. 143. 



1892, 419, 
§ 138. 
1894. 481. 
§§ 30. 39. 
R. L. 104, 
§§ IS, 53. 
1913, 655, 
§§ 28, 52. 



certificate void under section twenty-eight, he shall give written notice 4 

to the owner, lessee, occupant or agent in charge thereof, specifying such .5 

additional provisions, egresses or other means of escape from fire as in 6 

his opinion may be necessary to make it conform to said section and to 7 

obtain a certificate; and any such owner, lessee, occupant or agent in 8 

charge thereof failing to comply with such notice for a period of thirty 9 

days shall be punished by a fine of not less than fifty nor more than one 10 

thousand dollars. 1 1 



Schoolhouses in 
cities to have 
fire escapes. 
1894, 337; 
481. § 40. 
R. L. 104, § 11. 
1913,655, 5 11. 



Section .32. If a schoolhouse in any city, except Boston, has not 1 

been provided with a safe and proper egress or other means of escape from 2 

fire, as required by sections fifteen to sixty, inclusive, wathin six months 3 

after the written notice provided for in the preceding section, the mayor, 4 

for the purpose of conforming to the provisions of this chapter relative 5 

to egresses or other means of escape from fire in schoolhouses, may, upon 6 

petition of one hundred citizens or taxpayers in such city, authorize the 7 

ex-penditure upon such schoolhouse of not more than fifteen per cent of 8 

the cost thereof, payable from any money in the treasury of that city 9 

which is not otherwise appropriated. 10 



Cities may SECTION 33. Anv citv, cxccpt Bostou, iiiav bv Ordinance provide that 

require three .• ' ^ i.'"'t-j'j. 

story buildings sections fifteen, sixteen, twenty-one to thirty-one, inclusive, iorty-se\'en 
thirclapTer." and fortv-cight shall applv to any building of three or more stories in 

1882, 266, §1. , . ,^ '■j.l ■ -4. r -i. 

1888,426, § 11. height Within its limits. 

1894, 481, §§ 36, 39. R. L. 104, §§ 53, 54. 1913, 655, §§ 29, 52. 



Liceoses for 
theatres, etc. 

1904, 450. § 2. 

1905, 342, 
§§ 1,2. 

1907, 463. 

1908, 335, § 1. 
1910, 284, § 1. 
1913,655, § 31. 
213 Mass. 213. 



Section 34. In sections thirty-four to thirty-eight, inclusive, the 1 

term "licensing officer" shall mean the mayor of Boston and the com- 2 

missioner of public safety. In Boston the mayor and elsewhere the 3 

commissioner of public safety shall issue licenses for theatres, special 4 

halls and public halls. He may require such changes in the structural 5 

or other condition of any building before issuing any license as in his 6 

opinion the public safety requires, but no change shall be ordered in 7 

excess of the requirements for a new building of like character. In 8 

buildings existing on November first, nineteen hundred and thirteen, 9 

an equivalent of the conditions required by law may be accepted by 10 

the licensing officer; provided, that such equivalents are set forth in 11 

detail in the license. The licenses provided for herein shall be con- 12 

spicuously posted near the main entrance of the theatre, special hall 13 

or public hall. Licenses for theatres, except in Boston, shall expire on 14 

September first, for special halls on August first, and for public halls on 15 

Julv first of each year. 16 



Liability of 
licensee. 
1904. 450, § 3. 
1913, 655, § 32, 



Inspection of 
theatres, etc. 
1904. 4.50, § 4. 
1913, 655, § 33, 



Section 35. The licensee shall be responsible, civilly and criminally, 
for non-compliance with the laws applicable to the theatre, special hall 
or public hall covered by his license, and for non-compliance with the 
conditions thereof. The licensing officer shall cause a complete inspec- 
tion of all theatres to be made once in each month, of special halls and 
public halls once in every six months, and as much oftener as circum- 
stances may require. 



Section 36. Every inspection of theatres, special halls or public 1 
halls shall cover all details relating to the condition of the building as 2 
regards the safety of life and property. The inspector shall make a 3 



Chap. 143.] inspection of buildings. 1773 

4 signed report as to all such details upon a tabulated inspection blank, the 
't form of which shall be deterniined by the licensinj; officer. The forms of 
() such blanks may be adapted to the circumstances of the difl'erent classes 
7 of l)uildings, but shall be such as to enable the inspectors to report a 

5 rating on the points and in the form hereinafter specified, and shall 

9 include a detailed table of legal recpiirements, with a statement as to 

10 compliance or non-compliance with each. All inspectors inspecting 

11 theatres, special halls and public halls shall on the first of each week 

12 forward to the licensing officer the reports of their inspections of the 
K! ]>revious week, and shall rate each theatre, special hall or public hall on 

14 the following points in the following form: 

15 1. Compliance with existing laws, non-compliance in any particular 
l(i to be specified. 

17 2. The following ratings of each building as to the safety of the audi- 

18 ence. in the judgment of the inspectors, in the light of improved methods 

19 of insuring safety: 

Condition, whether poor, fair, good or excellent. Remarks. 

a. Structural condition. 

b. Facility of escape of audience. 

c. Heating apparatus. 

d. Water supply. 

e. Lighting apparatus. 

f. Condition of fire apparatus. 

g. Condition of sprinklers. 

h. Condition of fire resisting curtain. 
i. Protection against neighborhood hazard, 
j. General condition of appliances and apparatus. 
k. General condition of stage. 
Rating as a whole. 
With regard to safety of audience. 

20 And such other points as in the opinion of the licensing officer may be 

21 suitable. These reports and ratings shall be signed by the inspectors, 

22 and shall give the date of the inspection, with such remarks upon the 

23 condition of each theatre, special hall and public hall as may be suitable 

24 to give notice of danger or to give confidence in the safety of such build- 

25 ings. After each inspection of a theatre, special hall or public hall, the 

26 inspector shall post a notice in conspicuous type, near the main entrance 

27 thereof, in the following form: 

This theatre (or special hall) (or public hall) has been inspected by inspector 
(name of inspector) on (date) . 

1 Section 37. The full inspection reports of theatres, special halls and ^^f p°^'„^ ^j;''^ 

2 public halls shall be kept on file by the licensing officer, but, except as ifl04, 45o, § 6^ 

3 hereinafter provided, shall not be open to examination by the public 

4 until the ex-piration of one month from the time when they were rendered, 

5 except with the consent of the licensing officer. Every licensee shall be 

6 entitled to examine the full reports of his own building at any time. 

7 The licensing officer shall make a full report annually of the condition 

8 of all theatres, special halls and public halls, which shall be open to 

9 examination by the public at all times. The reports of inspectors shall 

10 be public records of matters of public interest; and a fair publication of 

11 these reports, or parts thereof, or comment thereon, by any person, in 

12 newspapers or otherwise, shall be privileged. 



1774 



INSPECTION OF BUILDINGS. 



[Chap. 143. 



Copies of 
ratings, etc., 
to be sent to 
licensee. 
Penalty for 
non-compliance 
with order. 
1904, 450, § S. 
1906, 105. 
«2, 3. 
1913, 655, § 35 



Copy of 
ratings, etc., 
may be posted. 
1904, 450, § 9. 
1913, 655, § 36. 



Penalty for 
false state- 
ment, etc. 
1904. 450, § 13. 
1913, 655, 5 37. 



Section .38. A certified copy of all ratings and conclusions of the 1 

inspectors in respect to any licensed theatre, special hall or public hall 2 

shall be delivered or mailed by the licensing officer to the licensee at the 3 

building. If any inspector shall report that the laws or the conditions 4 

of the license are not complied with by any licensee, the licensing officer 5 

may notify the licensee, fixing a time within which he shall comply with 6 

the law and the conditions of the license. If at the expiration of such 7 

time there has not been such compliance, the licensing officer shall give 8 

a hearing to the licensee; and if upon investigation he shall find that 9 

there is cause, he shall revoke the license. The licensing officer may, if 10 

in his opinion the public safety requires it, order any theatre, special hall 1 1 

or public hall to be closed pending a hearing upon the revocation of the 12 

license, and any person failing to comply with such order shall be pun- 13 

ished by a fine of not less than fifty nor more than one thousand dollars. 14 

Section 39. Any licensee may post upon his premises a certified 1 

copy of the complete table of ratings and conclusions relating to the 2 

theatre, special hall or public hall covered by his license, but he shall not 3 

post an incomplete copy of such table. 4 

Section 40. Any person having any duty to perform under this 1 

chapter in connection with the licensing or inspection of theatres, special 2 

halls or public halls who wilfully makes any false statement or report 3 

or any false record of any statement, report or rating as to any such 4 

theatre, special hall or public hall shall be punished by a fine of not more 5 

than one thousand dollars or by imprisonment for not more than one G 

year. 7 



Penalty for 
giving or re- 
ceiving free 
pass. 

1904, 450, § 14. 
1913,655, § 38, 



Section 41. Any officer or person having any duty in any way con- 1 
nected with the inspection of theatres, special halls or public halls, who 2 
requests for himself or another, or accepts or uses any ticket or pass or 3 
privilege of admission, or admission, to any theatre, special hall or public 4 
hall for which he is to pay or has paid either nothing or a price less than 5 
that demanded of the public generally, and any owner, proprietor, 6 
manager, lessee, agent or employee of any theatre, special hall or public 7 
hall, or any other person who issues, delivers, offers or allows any such 8 
ticket, pass, privilege or admission to any such officer or person, or to 9 
any other person, at the request, solicitation, procurement or with the 10 
connivance of any such officer or person, shall be punished by a fine of 11 
not less than one hundred nor more than one thousand dollars. 12 



Ventilation 
and sanitation. 
Inspection by 
department of 
public health. 

1913, 655, 
§§ 40, 41. 

1914, 792, § 1. 
3 0p. A. G. 192. 



Section 42. Every public building as defined in section one, except 
schoolhouses in which public or private instruction is afforded to less 
than eleven pupils at one time, shall be kept clean and free from effluvia 
arising from any drain, privy or nuisance, shall be provided with a 
suflicient number of proper water closets, earth closets or privies, and 
shall be ventilated in such a manner that the air shall not become so 
impure as to be injurious to health. If it appears to an inspector that 
further or different heating, ventilating or sanitary provisions are re- 8 
quired in any such public building, in order to conform to the require- 9 
ments of this section, and that such requirement can be provided with- 10 
out unreasonable expense, he may issue a written order to the proper 11 
person or authority, directing such heating, ventilating or sanitary pro- 12 
visions to be provided. A school committee, public officer or person 13 



Chap. 143.] inspectiox of buildings. 1775 

14 who has charge of, owns or leases any such public building, who neglects 
l.") for four weeks to comply with the order of such inspector, shall be 
l(') punished by a fine of not more than one hundred dollars. The district 

17 liealth officers or such other officers as the department of pui)!ic health 

18 may from time to time apjioint shall make sueli examinations of school 

19 buildings subject to this section as in the opinion of the department 

20 the protection of the health of the pupils may require. This section 

21 shall not apply to Boston. 

1 Section 43. Except in Boston, if a building subject to sections Joint owner, 

2 fifteen to sixty, inclusive, is owned, leased or occupied, jointly or in provide sre 

3 severalty, any owner, lessee or occupant may affix to any part of the 58S8!^426, § 6. 

4 outside wall of such building any means of egress or of escape from fire |**i^j"s*'^' 

5 specified and described by an inspector, notwithstanding the objection jfi,''!]' 

6 of any other such owner, lessee or occupant; and such means of egress R^ l 104. 

7 or of escape may project over the highway, or over a right of way for 1913, 'ess. 

8 a distance not exceeding one half the width of the right of way. 

1 Section 44. The keeper of a hotel, boarding or lodging house or watchmen in 

2 family hotel containing one hundred or more sleeping rooms, and being is83.^25i! 5 1. 

3 four or more stories high, shall have therein at least two competent iv'^l' 104'. 1 29 

4 watchmen, each properly assigned, and each on duty between the hours ^^'^' ®^*' ^ ■•- 

5 of nine o'clock at night and six o'clock in the morning. The keeper of '^^°*"y' * ■** ' 

6 every hotel, boarding or lodging house or family hotel containing fifty 

7 or more sleeping rooms, but less than one hundred, and being three 

8 stories high, shall have between said hours at least one competent 

9 watchman on duty therein. In all such hotels, lodging houses or family 

10 hotels, the halls, corridors and stairways shall be properly lighted at 

11 night, and a red light shall be kept during the night at the top and 

12 bottom of each flight of stairs; and one or more proper alarms or gongs, 

13 capable of being heard throughout the house, shall always remain easy 

14 of access and ready for use in every such building to give to the in- 

15 mates warning of fire. The keeper of every such hotel, boarding or 

16 lodging house or family hotel shall keep a notice descriptive of such 

17 means of escape conspicuously posted in every sleeping room. 

1 Section 45. Except in Boston, the keeper of any such hotel, board- of'J.'Jlfceding 

2 ing or lodging house or family hotel who adopts a system of electric fs's4°223, § 1. 

3 watch clocks which register at the office the movements of the watch- ^^ ^^ 1°*' 

4 men throughout the house, or who adopts a system of thermostats or wis. 'ess. 

5 fire alarm bells in the rooms, or who provides a watchman's watch with .p^^J^ .^g, 

6 key stations, the record of which is kept at the office, shall not be re- 

7 quired to maintain more than one watchman in addition to the regular 

8 night clerk and porters; provided, that the system or device so adopted 

9 or provided is approved by the inspector. 

1 Section 46. The aldermen of any city, except Boston, and the select- Further pro- 

2 men of towns may prescribe additional night watch to be kept and tection of life 

3 further provision for the prevention of fires and for the better protection Tcribed'^.'*^'^ 

4 of life in case of fire to be made by the keepers of hotels, boarding or i88'3,'2m, 

5 lodging houses or family hotels within their cities and towns. Who- i|.s4, 223. i 2. 

6 ever neglects or refuses to comply with any provision of this or the two R; ^. '30 '53 

7 preceding sections shall be punished by a fine of not less than fifty nor I'Jis.'ess. 

8 more than one thousand dollars. 



1776 



INSPECTION OF BUILDINGS. 



[Chap. 14.3. 



Rope fire 
escapes in 
hotels, etc. 
1S90. 307, 
1894, 341; 
481, §44. 
R. L. 104. 
1913, 655. 
3 Op. A. G 



§1- 



§33. 
§ 45. 
319. 



IPenalty, § 48.) 



Section 47. The owner, lessee, proprietor or manager of a hotel 1 
which is not otherwise suitably provided with fire escapes, or of a lodg- 2 
ing house which contains eight or more rooms above the second story, 3 
shall place or cause to be placed a knotted rope, or better appliance, 4 
for use as a fire escape in every room of such hotel or lodging house 5 
used as a sleeping room, except rooms on the ground floor. One end 6 
of such rope shall be securely fastened to a suitable iron hook or eye 7 
securely screwed into one of the timbers next adjoining the frame of a 8 
window, or into the frame of a window, of said room, at least five feet 9 
from the floor, and the rope shall at all times be kept coiled and ex- 10 
posed to the plain view of the occupant of the room. The coil shall 11 
be fastened in such manner as to be easily and quickly loosened and 12 
uncoiled. The rope shall contain knots not more than eighteen inches 13 
apart,' a loop at the end at least three inches in length, shall not be 14 
less than one half inch in diameter, and shall be of sufficient length to 15 
reach from such iron hook or eye to the ground. Such rope, iron hook 16 
or eye and fastenings shall be of sufficient strength to sustain a weight 17 
of four hundred pounds, and plain directions for the jise of such rope 18 
or other appliance shall be printed and posted within six inches of the 19 
hook or eye to which the rope is fastened. This section shall not apply 20 
to Boston. 21 



Inspection 
hotels, etc. 
1890, 307, 
§§2,3. 
1894. 481, 
§§45.58. 
R. L. 104, 
§§ 34, 35. 
1913, 655, 



of 



Section 48. The inspector of buildings of each city and town, if 
there be any, otherwise the chief engineer of the fire department, if 
there be any, otherwise such person as the mayor of a city or the select- 
men of a town shall designate, shall annually in the month of April 
§ 46. inspect every room of every hotel and lodging house of eight or more 
sleeping rooms above the second story in his citj' or town and ascer- 
tain if the preceding section is being complied with, and shall report 7 
the condition of the rope or other appliance to the commissioner of 8 
public safety, upon forms to be furnished by him. Whoever violates 9 
any provision of this or the preceding section shall be punished by a 10 
fine of not more than five hundred dollars or by imprisonment for not 11 
more than six months, or both. This section shall not apply to Boston. 12 



Certificate of 
inspector pre- 
requisite to 
license. 
1888, 426, § 7. 
1892, 419, 
§ 138. 
1894, 481, 
§§32,39. 
R, L. 104, 
§§ 49, 53. 
1913, 655, 
§§48, 52. 



Section 49. Except in Boston, a license which is required by law, 
ordinance or by-law to authorize any building or part thereof to be 
used for any purpose specified in section twenty-one shall not be grantcl 
until a license by the commissioner of public safety, or a certificate by 
an inspector, as required by sections fifteen to si.xty, inclusive, shall 
have been issued therefor, and, when granted, shall not continue in 
force after the expiration of such license or certificate. 



Penalty for 
hindering in- 
spector, etc. 
1904, 4.50, § 12. 
1908, 389, § 2. 
1913, 655, § 49. 



Section 50. Any person who hinders or prevents or attempts to 
prevent the commissioner of public safety, the chief of inspections of 
the department or any inspector from entering any building, structure 
or enclosure or part thereof in the performance of his duty in the en- 
forcement of the laws of the commonwealth relating thereto shall be 
punished by a fine of not less than fifty nor more than one hundred 
dollars. 



Er°hat™iawi8 Section 51. Except in Boston, the owner, lessee or occupant of a 1 
?Q?¥^^,. « <; theatre, factory, workshop or manufacturing establishment, or who- 2 

1877, ^14t a 8. '' 



Chap. 143.] inspection of buildings. 1777 

.3 ever owns any building or part thereof mentioned in and subject to issi, 137, 

4 sections twenty-one, twenty-four to twenty-eight, inelu.sive, and thirty, p. s. 104. §22. 

5 or controls the use thereof, shall cause the provisions thereof to be isfs! 426,' 1 12. 

6 observed, and such person shall be liable to any person injured for all 48?*'5j*|7,^39' 

7 damages caused by a violation of the provisions of said sections. No fib,^^^' 

5 criminal prosecution shall be begun for such violation until four weeks I9i3,'6_35, 

9 after written notice to such person has been given by an inspector of any 161 Mass. 35. 

10 changes necessary to be made in order to conform to said sections, nor 

1 1 if such changes shall have been made in accordance with such notice. 

12 Notice to one member of a firm or to the clerk fir treasurer of a cor- 

13 poration or to the person in charge of the building or part thereof shall 

14 be sufficient notice hereunder to all members of any firm or corporation 
1.) owning, leasing or controlling the building or any part thereof. Such 
16 notice may be served personally or sent by mail. 

1 Section 52. No person shall occupy or use any building or part Penalty for 

2 thereof as a theatre, special hall, public hall, miscellaneous hall, place as theatre. 

3 of assemblage or place of public resort until a license therefor has been 1906. los. § 1. 

4 issued by the commissioner of public safety or the mayor of Boston, or igoslsal; 
.') a certificate therefor by an inspector or an inspector of the building fJio "143. 

6 department of Boston. The certificate of the inspector shall be con- jgj^^ggj 

7 elusive evidence of a compliance •with sections fifteen to sixty, inclusive, §§ 39, si." 

5 for such use of a hall as he shall set forth in detail in the certificate, 

9 and shall be conspicuously posted near the main entrance of the hall. 

10 Violations of this section or of the conditions of a license or certificate 

11 shall be punished by a fine of not less than twenty-five nor more than 

12 one thousand dollars or by imprisonment for not more than one year-, 

13 and the license or certificate may be revoked. 

1 Section 53. Whoever, being the owner, lessee or occupant of any General 

2 building or part of a building described in section twenty-one, violates fsst.'lds, § 3. 

3 any provision of sections fifteen to fifty-two, inclusive, for which no \lfg] ^26. 1 12. 

4 other penalty is specifically prescribed, shall be punished by a fine of 4|if'§§*|6, 62' 

5 not less than fifty nor more than five hundred dollars. 

R. L. 104. §§ 55, 56. 1913, 655, § 53. 

1 Section 54. Sections fifteen to fifty-two, inclusive, shall, except Enforcement. 

2 when otherwise specifically provided, be enforced by the commissioner r l'. 104', 5 46. 

3 of public safety, the chief of inspections of the department and the \lw', lit', s i*' 

4 inspectors. The commissioner of public safety shall issue regulations gljf'^""; ^^' 

5 necessary for their uniform enforcement. All sections of this chapter 

6 which apply to Boston shall be enforced by the building commissioner. 

1 Section 55. Any person aggrieved by an order, requirement or direc- Appeal. 

2 tion of an inspector under any of the preceding sections may, within 1894! Isi! §5! 

3 thirty days after the service thereof, appeal to a judge of the superior fgo'l; l%\ | Jo; 

4 court for the county where the building to which such order, require- [907' 499'** 

5 ment or direction relates is situated for an order forbidding its enforce- V'J'f'^^''- 

6 ment; and after such notice as said court shall direct to all parties 1913,655, 

7 interested, a hearing may be had before the court at an early and con- i9i7,'i56, § 2. 

8 venient time and place fixed by it; or the court may appoint three 228 Mass. 368. 

9 disinterested persons, .skilled in the subject matter of the controversy, 

10 to examine the matter and hear the parties; and the decision of said 

11 court, or the written decision under oath of a majority of said experts, 



1778 



INSPECTION OF BUILDINGS. 



[Chap. 14.3. 



filed in the office of the clerk of courts in said county within ten days 12 

after such hearing, may alter, annul or affirm such order, requirement 13 

or direction. Such decision or a certified copy thereof shall have the 14 

same authority, force and effect as the original order, requirement or 1.5 

direction of the inspector. If such decision annuls or alters the order, 16 

requirement or direction of the inspector, the court shall order the 17 

inspector not to enforce his order, requirement or direction, and in 18 

every case the certificate required by law shall thereupon be issued by 19 

said court or by said experts. 20 

M^'erts' Section 56. The court may award reasonable compensation to such 1 

1890, 438, experts, to be paid by the county in which the application for an order 2 

1894, 481. of the court was made, if the order, requirement or direction of the 3 

R. L 104, inspector is altered or annulled, otherwise by the applicant. If the 4 

i906!'io5. § 4. order, requirement or direction of the inspector is affirmed by the court 5 

1913! 655! I 56. or the experts, costs shall be taxed against the applicant as in civil 6 

cases, and shall be paid into the treasury of the said county. 7 



Restraining 

illegal erection, 

etc. 

1888. 316, § 2; 

426, § 12. 

1893, 199. I 2. 

1894. 382, § 2; 
481, §§26.38. 
R. L. 104, 

§§ 51, 53. 



Section 57. The supreme judicial or superior court may, upon the 1 

petition of an inspector or, in Boston, of the building commissioner, 2 

temporarily or permanently restrain the erection, construction, alter- 3 

ation, use or occupation of a building in violation of any provision of 4 

sections fifteen to fifty-two, inclusive. 5 

1910, 284, § 1. 1913, 655, § 57. 



i?^?sdiction of Section 58. District courts shall have jurisdiction concurrently with 1 

Vi!^''.^°L''.°^^I- the superior court of prosecutions and proceedings at law under sections 2 

190b, 105, SO. '^ .', . ' " « 

1908, 335, three to fifty-two, inclusive. 6 

^^■■^^^■^^- 1913, 655, § 58. 



oHns^MtoM' Section 59. The supreme judicial or superior court may, upon the 

orders ^^ 11 application of the commissioner of public safety, the chief of inspec- 

1906! ids! § 5. tions of the department or any inspector or, in Boston, of the building 
1910, 284, § 1. . . PI ■ -i ui J • • 

1913, 655, 5 59. commissioner, enforce, by any suitable process or decree, any provision 

of sections fifteen to fifty-two, inclusive, and any order or requirement 

of any person made under authority thereof. 



Notice to 
assessors of 
permits for 
building. 
1913, 676, § 1. 



§lj*jf™°* Section 60. The supreme judicial or superior court may restrain 1 

biSi'd°ng3' the illegal placing, maintenance or use of any building, structure 2 

1899, 326. ^^ or other thing. It may, upon the petition of a city or town for such 3 

1913! 655! 5 6o! relief, require the removal of any such building, structure or other 4 

thing by the owner, and may authorize the city or town, in default of 5 

such removal by the owner, to remove it at his expense. Upon such 6 

petition, the defendant shall be presumed to have acted without a 7 

license or authority until he proves the contrary. 8 



Section 61. The inspector of buildings in every city and town 1 

having such an officer shall give written notice to the assessors thereof 2 

of the granting by him of permits for the construction of any building 3 

therein or for any substantial alteration therein or addition thereto. 4 

Such notice shall be given within seven days after the granting of each 5 

permit, and shall state the name of the person to whom the permit 

was granted and the location of the building to be constructed or al- 7 

tered or to which an addition is to be made. 8 



Chap. 143.] inspection of elevators. 1779 



ELEVATORS. 

1 Section 02. In cities and towns not havinj; a building dopartinont installation 

2 or an inspector of huildini^'s, tiie installation and alteration of ail ele- ■i'loi','4m"°°' 
'A vators shall he under the supervision of the inspectors of the division §'27. '"*' 

4 of inspection of the department. In cities and towns having an in- l^'j*'!"®' 

5 specter of buildings or a person acting as such, the installation and al- ]f^, \l^^^- ^so. 

"I * CTII 1111 11* •• XT 1 ly" AlflSS. olo. 

() teration ot all elevators shall he under his supervision. JNo elevator 200 Mass. 200. 

7 shall he installed or altered until a copy of the plans and specifications 213 Mass! 247. 

8 of such elevator or of the proposed alterations shall have been filed by "'*' ' ''*^' ' " 

9 the owner of the premises where the elevator is to be installed or alterecl, ""^ ^' 

10 or by the manufacturer of the elevator, with the inspector or building 

11 inspector having jurisdiction, and a certificate of approval or a speci- 

12 fication of requirements shall have been issued by him. The inspectors 

13 and inspectors of buildings or the departments of buiklings of cities and 

14 towns shall enforce the regulations made by the board of elevator regu- 

15 lations as hereafter provided. 

1 Section 63. On completion of the work of installation or alteration. Test of safety 

2 the manufacturer of the elevator or the person making the alterations igisrios, § 2. 

3 shall make a practical test of the safety devices of the elevator in the 

4 presence of the inspector having jurisdiction thereof; and if the test is 

5 satisfactory to him, he shall issue a certificate approving the elevator and 

6 safety devices thereof. 

1 Section 64. All elevators shall be thoroughly inspected and a Report of 

2 practical test made of the safety devices required therefor at intervals m's.'^soe! § 3. 

3 of not more than one year, and at such other times as may be deemed 

4 necessary by the inspector having jurisdiction thereof. Within ten 

5 days after the inspection, he shall report the result thereof to the com- 

6 missioner of public safety, upon forms to be furnished by him. This 

7 requirement for the making of inspection reports shall not appl}' to 

8 Boston. 

1 Section 65. If in the judgment of any inspector having juris- CertiBcateof 

2 diction thereof an elevator is safe, and if the elevator has been con- b?post'c°din° 

3 structed in the manner required by law or by the regulations of the i883;'i73. 

4 board of elevator regulations, the inspector shall issue a certificate to {^^^j*; \l\' 1 1|- 

5 that effect to the owner of the elevator or to the person in charge \^\\- ^55. 

^ 1 i» 1 1 ,1 1 ./, • . , . 1913, StJo, 9 4. 

D tnereoi, who shall post the certificate in a conspicuous place in or near 227 Mass. 415. 

7 the cab or car of such elevator. Otherwise, the inspector shall im- [Penalty, 571.1 

8 mediately post conspicuously upon the entrance or door of the cab or 

9 car of such elevator, or upon the elevator, a notice of its dangerous 

10 condition, and shall prohibit the use of the elevator until it has been 

11 made safe to his satisfaction. No person shall remove such notice or 

12 operate such elevator until the inspector has issued his certificate as 

13 aforesaid. 

1 Section 66. Any owner, operator or person in charge of an elevator Report of 

2 or any person employed to inspect an elevator shall, if he thinks such Sfdefe'ctlve' 

3 elevator is unsafe, make a written report thereof to the inspector ha\-ing 'Jou.'soe, § 5. 

4 jurisdiction thereof, who shall forthwith inspect such elevator. If any [Penalty, § 71 ) 

5 accident occurs to an elevator, the operator, person in charge or owner 



1780 



INSPECTION OF ELEVATORS. 



[Chap. 148. 



ha\ing knowledge thereof shall immediately report such accident to 6 
the inspector ha\ing jurisdiction, who shall forthwith inspect such 7 
elevator. 8 



Petition for 
changes in 
regulations. 
1913, 806, § 9. 
1919,350. 
§ 106. 



Section 67. Any person engaged in the inspection, alteration, con- 1 

struction, repair or operation of elevators may from time to time, by 2 

written petition to the commissioner of public safety, request that rules 3 

and regulations established by a board of elevator regulations hereto- 4 

fore or hereafter appointed be altered or amended. The commissioner 5 

may grant public hearings upon such petition, and if he deems it advis- 6 

able may appoint a new board of elevator regulations as provided in 7 

section eleven of chapter twenty-two. S 



Board to 
amend regu- 
lations. 
1913, 806, § 6. 
221 Mass. 489. 

231 Mass. 151. 

232 Mass. 563. 
242 Mass. 386. 



Section 68. The board of elevator regulations shall frame amend- 1 

ments to the regulations relating to the construction, installation, al- 2 

teration and- operation of all elevators, and relative to the location, 3 

design and construction of shafts or enclosures for elevators, safety 4 

devices, gates and other safeguards, protection against the elevator or 5 

hoisting machinery, and means to prevent the spread of fire, and also 6 

amendments to the regulations designed to make uniform the work of 7 

the inspectors of the division of inspection of the department and of 8 

inspectors of buildings throughout the commonwealth. 9 



Establishment 
of regulations. 
1913, 806, 
§§ 7, 8. 
1919, 350, 
§8 99, 106. 



Section 69. The board of elevator regulations shall, within three 
months after its members are appointed, draft amendments to the 
regulations and submit the same to the governor and council for their 
approval. Within sixtv' days after such submission they shall approve 
the same, with such alterations and amendments and after such public 
hearings as they may deem proper; and the regulations so altered and 
amended shall become part of the rules and regulations pertaining to 
elevators. The commissioner of public safety shall furnish upon appli- 
cation a printed copy of the regulations to all manufacturers of elevators 
operating in the commonwealth, to all inspectors of buildings in the 
cities and towns of the commonwealth, and to all others who are con- 
cerned. The board shall be dissolved upon the approval of the regula- 
tions by the governor and council. 



1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 



Appeal. 

1913, 806, § 11. 

246 Mass. 340. 



Section 70. Whoever, except in Boston, is aggrieved by the order, 
requirement or direction of an inspector of buildings of a city or town 
in reference to the installation or alteration of elevators may, within ten 
days after the service thereof, appeal as provided in section fifty-five; 
and all the provisions of said section, except as otherwise provided 
herein, shall apply to the procedure on such appeal. In Boston the 
right of appeal shall be the same as that provided by section seven of 
chapter five hundred and fifty of the acts of nineteen hundred and 
seven. 



Penalty. 

1913, 806, § 12. 



Section 71. Any person violating or failing to comply with any 1 

provision of sections sixty-two to seventy, inclusive, or of any regulation 2 

established thereunder shall be punished by a fine of not more than five 3 

hundred dollars. 4 



Chap. 143.] inspection of cinematographs. 1781 



CINEMATOGRAPHS. 

1 Section 72. No cinematograph or similar apparatus involving the Regulation. 

2 use of a combustil)io film more than ten inches in length, except one igosisee:! 

3 usinj; only an enclosed incandescent lamp and cellulose acetate films I9JI; {ei)! I 

4 not more than one and one quarter inches in width, shall, except as 1923,478, § 

5 provided by sections eighty-five and eighty-six, be kept or used for the 
(') purpose of exhibiting such films in or upon the premises of a public 

7 building until such cinematograph or similar apparatus has been in- 

8 spected and approved by an inspector, who shall have placed thereon a 

9 numbered metal tag; nor until a booth or enclosure, which has been 

10 inspected and appro\-ed by such an inspector and his certificate issued 

11 therefor, has been provided for said apparatus; nor until such precau- 

12 tidus against fire as the commissioner of public safety may specify have 

13 been taken by the owner, user or exliibitor; provided, that no such 

14 apparatus shall be operated with oxyhydrogen gas, so-called, or with 

15 limelight. In addition, in Boston the location of any booth or enclosure 

16 surrounding such apparatus shall be appro\ed by the building commis- 

17 sioner, who may order such additional precautions against fire as he may 

18 deem necessary. 

1 Section 73. The inspectors shall inspect any such apparatus which inspection. 

2 is to be kept or used as specified in the preceding section, and any llos. lot', 1 2. 

3 booth or enclosure provided therefor, and the commissioner of public i^'-*, 791, § 2. 

4 safety shall make such rules and regulations as he may deem necessary 

5 for the safe use thereof. 

1 Section 74. For the inspection of such apparatus or of a booth or Fee tor 

2 enclosure, as provided by the preceding section, a fee of two dollars shall i909T28T'§ 1. 

3 be paid by the owner or user thereof. 

1911.48. 5 1. 1914.791, §3. 

1 Section 75. Except as provided in section seventy-seven, no person Licenses. 

2 shall operate such apparatus in any public building until he has received 1909; ili; | 2. 

3 a sj)ecial or first class license so to do from an inspector. No such license [gjj; 791; ^ ^ 

4 shall be granted until the applicant has passed an examination proving §§4.9.16. 

5 him to be thoroughly skilled in the working of the mechanical and 

G electrical apparatus or devices used therein or connected therewith, ' 

7 and no person under twenty-one shall be eligible for such examination. 

8 Three dollars shall accompany the application for a license. The special 

9 or first class license shall be for the term of one year from the date 

10 thereof, but may be renewed yearly, without examination, by an in- 

11 spector upon the payment of a fee of one dollar. A first class license 

12 shall apply only to the operation of a hand driven apparatus. A special 

13 license shall apply to one driven by hand or motor. 

1 Section 76. Any person over eighteen desiring to act as an assist- Assistant's 

2 ant to a holder of a special or first class license shall register his name, im'see, § 5. 

3 age and address on a form furnished by the commissioner of public igui 791; 5 1 

4 safety; and upon the receipt of one dollar the commissioner may issue 

5 a permit allowing such person to assist such a licensed operator in a 

6 booth or enclosure, but such person shall not himself operate the ajipa- 

7 ratus. The permit shall be for the term of one year from tiie date tliereof. 



1782 



INSPECTION OF CINEMATOGRAPHS. 



[ClL^P. 143. 



but may be renewed yearly by the commissioner upon the receipt of 8 
fiftv cents. " 



Second class 

license. 

1914, 791, § 6. 



First class 

license. 

1914, 791, § 7. 



Eligibility for 
examination. 
1914, 791, § 8. 



Section 77. A second class license giving the right to operate a 
hand driven cinematograph or similar apparatus, but only in the pres- 
ence of a holder of a special or first class license, may be granted to any 
person over twenty who has been employed for three months as an 
assistant under the supervision of a licensee in or upon a public building. 
The applicant, as a condition of receiving the said second class license, 
shall pass an examination satisfactory to an inspector, and shall pre- 
sent to the commissioner of public safety an affidavit, signed and sworn 
to by him, stating that he has so worked for said period. The com- 
missioner may require that the affidavit be corroborated. A fee of two 
dollars shall accompany the application for the license. The license 
shall be for the term of one year from the date thereof, but maybe 12 
renewed yearly by an inspector upon the receipt of fifty cents. 13 



Special license. 
1914,791, § 10 



3 
4 
5 
6 
7 
8 
9 
10 
11 



Section 78. Any person over twenty-one who has held a second 
class license for three months or more and has worked regularly during 
that period in a booth or enclosure in or upon a public building, upon 
presenting to the commissioner of public safety an affidavit, signed and 
sworn to by him, stating that he has so worked for the said period, and 
upon passing the examination and payment of three dollars, may receive 
a first class license. 

Section 79. Any person over twenty-one who presents to the 
commissioner of public safety an affidavit, signed and sworn to by him, 
stating that he has operated a cinematograph or similar apparatus in a 
booth or enclosure in a theatre or hall devoted to public exliibitions of 
moving pictures outside of the commonwealth for a period of three 
months or more, shall be eligible for the examination, as provided in 
section seventy-five, for a special or a first class license. 

Section SO. The holder of a first class license, or any person desig- 1 
nated in the preceding section, who passes an examination satisfactory 2 
to the department may be granted a special license. 3 



Suspending 
or revoking . 
license or 
permit. 
1914, 791, § 11. 



Permits for 
special 
exhibitions. 
1914, 791, I 



1 

2 
3 

4 
5 
6 

7 

1 

2 
3 
4 
5 
6 
7 



Section 81. An operator's license or an assistant's permit may be 
suspended or revoked for cause at any time by an inspector; but the 
person whose license or permit is so suspended or revoked may appeal 
to the commissioner of public safety, whose decision in the matter shall 
be final. 

Section 82. Except in Boston, the commissioner of public safety 
may grant permits for the special exhibition of pictures by the use of a 
"' cinematograph or similar apparatus in a public building which in his 
opinion is in safe condition for such exliibitions, and he may prescribe 
such regulations as he may deem necessary for the presentation of the 
same. Two dollars shall accompany the application for each permit. 



1 
2 
3 

4 
5 

1 
2 

3 
4 
5 
6 



Application Section 83. Sections seventy-two to seventy-six, inclusive, shall 1 

section^ ^^ not apply to any motion picture machine operated with only cellulose 2 

1914. 791, . g^p^g^g gjjjjg jjQ^ jj^pj,g ^j^jjjj Qjjg jjjgjj j^nd one fourth in width and re- 3 

quiring not more than five hundred watts of electric current to operate 4 



Chap. 143.] inspection ok cinematogr.\piis. 1783 

5 the arc; jtrovidcd, that such machines shall not he kept or used in a 

6 public buildinj; except under such regulations as the commissioner of 

7 public safety shall prescribe. 

1 Section S4. Any person keeping or using a cinematograph or similar Penalty, 

(1 • ,, a*1j 190-'>, 17u, § 3. 

2 apparatus contrary to any provision ot sections se\cnty-t\vo to eighty- laos. rm. § 3. 
:! four, inclusive, or in violation of any rule or regulation made by the "'''• ''■*'■ ^ '^' 

4 commissioner of public safety, or, in Boston, in violation of any regula- 

5 tion or requirement made by the building commissioner in accordance 
(1 with said sections, shall be punished by a fine of not less than fifty nor 
7 more than five hundred dollars. 

1 Section 85. Notwithstanding anv provision of .sections seventy-two spedai licenses 

. , „ ... , ' . * . 1' I I* p ^ 1* tor operators 

2 to eighty-tour, inclusive, the comniLssioner ot public safety, upon appli- in churches, 
S cation accompanied by a fee of two dollars, may grant special licenses rgu^lio!"' 

4 for operators of motion picture machines in churches, schoolhouses or fli^'^ygi. 5 17. 

5 public institutions which in his opinion are in safe condition for said Jfp-^l; 

6 exhibitions, and he may prescribe regulations for the proper conduct of (1920) 291. 

7 the same, but no such license shall be valid for use in the city of Boston 

8 unless it also bears the written approval of the building commissioner 

9 of said city. 

1 Section 86. Notwithstanding anv of the provisions of sections Use of certain 

^ .,„.,.*. , 1 • •! motion picture 

2 seventy-two to eighty-nve, inclusive, a cinematograph or similar ap- apparatus in 

3 paratus adapted to the use of standard width films, if specifically licensed l923?478!'§ 2. 

4 and approved by the commissioner of public safety as evidenced by a tag 

5 attached thereto by his authority, may be used as hereinafter provided, 

6 in connection with a portable projector and without a booth and subject 

7 to such further conditions and regulations as the commissioner may 

8 prescribe, for educational purposes in schools and other institutions of 

9 learning, or for business or demonstration purposes. Said cinematograph 

10 or apparatus shall be used only with cellulose acetate or equally incom- 

1 1 bustible films marked in the margin at least once in every linear foot as 

12 safe and incombustible, and tagged or marked as inspected by an in- 

13 spector, and only in connection with an incandescent electric lamp of 

14 not more than six hundred watts. Such approval and license shall be 

15 granted only uf)on the written application, accompanied by a fee of 

16 two dollars, of the superintendent of schools in a city or town in case 

17 of intended use in a public school, or of the responsible head of the 

18 universitj', college, technical or private school or county extension service, 

19 as the case may be, or if to be used for business or demonstration pur- 

20 poses, upon the written application of a responsible citizen. The com- 

21 missioner shall also cause to be posted on apparatus so approved and 

22 licensed a statement of the terms and conditions governing its use and 

23 the penalty hereinafter prescribed for their violation. The said com- 

24 missioner, or such local authority as the commissioner may designate, 

25 may, upon payment of a fee of two dollars, grant a license for the term 

26 of one year to operate such a cinematograph or apparatus, under the 

27 conditions herein specified, to any suitable person twenty-one years of 

28 age or over. Said license may be renewed on payment of a like fee. 

29 Any license or approval granted under this section may be revoked by the 

30 commissioner, or the local authority authorized to grant the same. 

31 Violation of any provision of this section or of any rule, regulation, term 

32 or condition imjwsed by the commissioner of public safety under its 



1784 [Chaps. 143, 144. 

provisions shall be punished by a fine of not more than five hundred 33 
dollars or by imprisonment for not less than two nor more than six 34 
months, or both. 35 



Penalty for 

sale, false 

marking, etc., 

of certain 

film. 

1923, 478, § 2. 



Sale, etc., of 
motion picture 
apparatus 
regulated. 
Penalty. 
1923, 478, § 2. 



Section 87. Whoever sells or leases or offers or exposes for sale 1 

or lease, or loans any nitrous or combustible film as cellulose acetate, 2 

incombustible or safety film, or whoever stamps or marks any nitrous 3 

or combustible film as cellulose acetate, incombustible or safety film, shall 4 

be punished by a fine of not less than one hundred nor more than five 5 

hundred dollars or by imprisonment for not less than six months nor (i 

more than two years, or both. 7 

Section 88. No cinematograph or similar apparatus intended for 1 

use as a motion picture machine shall be sold, offered for sale or leased 2 

unless and until it has been inspected and approved by an inspector 3 

as evidenced by a plate which the inspector shall affix thereto upon 4 

which shall be set forth the kind of films which may lawfully be used in 5 

operating said cinematograph or apparatus and the penalties prescribed 6 

for its unlawful use. Violation of this section shall be punished by a 7 

fine of not less than one hundred nor more than five hundred dollars, or 8 

by imprisonment for not less than six months nor more than two years, 9 

or both. 10 



CHAPTER 144. 

TENEMENT HOUSES IN CITIES. 



Sect. 



GENERAL PROVISIONS. 



1. Application of chapter. 

2. Definitions. 

3. Application of certain sections. 

4. Law not to be modified. 

5. Sewer connection and water supply. 

6. Powers of departnnent of public health. 

7. Improvements to be made within one 

year after acceptance. 

8. Buildings converted or altered. 

9. Alterations and change in occupancy. 

NEW BUILDINGS. LIGHT AND VENTILATION. 

10. Distance from side lot line. 

11. Height. 

12. Yards. 

13. Courts. 

14. Courts to be open at top. 

15. Air intakes. 

16. Extensions or offsets to courts. 

17. Building of walls across angles in 

courts. 

18. Buildings on same lot with tenement 

houses. 

19. Rear tenements. 

20. Lighting. 

21. Windows. 

22. Size of rooms. 



Sect. 

23. Alcoves, etc. 

24. Privacy. 

25. Windows in public halls. 

26. Sizes of windows in halls. 

SANITATION. 

27. U.se of basements and cellars for living 

purposes regulated. 

28. Damp proofing, etc., of cellars. 

29. Spaces under floors. 

30. Courts, yards, etc., to be drained, etc. 

31. Sinks. 

32. Water closets. 

33. Plumbing. 

34. Water supply. 

35. Privies. 

FIRE PROTECTION. 

36. Construction required. 

37. Fire escapes. 

3S. Construction of bulkheads and scuttles. 

39. Stairs and public halls. 

40. Fireproof stairs and stair halls required 

in tenement houses of second class 
construction. 

41. Entrance halls. 

42. Shafts to be of fireproof construction. 

43. Ceiling of cellar, etc. 



CiLvi'. 144.] 



TENEMENT HOUSES IN CITIES. 



1785 



Sf.ct. 

44. Closets under first story stairs not 

allowed. 

45. Outside cellar entrance. 

46. Finish about chimneys. 

47. Fire walls. 

4S. RoofinK materials. 

49. Wooden tenement houses not to be 
userl for certain purposes above sec- 
ond story. 



I.MPROVEMENT.S IV OLD BUILDINGS. 

50. Lichtine and ventilatinix of rooms. 

51. Lighting and ventilating of public halls. 

52. Sinks. 

53. Water closets. 

54. Removal of cesspools, etc. 

55. Basements and cellars to be damp 

proof, etc. 

56. Doors in shafts and courts. 

57. Fire escapes. 

58. Means of egress. 

AI,TEI!-4TIONS OF OLD BUILDINGS. 

.59. Alterations. 



MAINTEN.tNCE AXD USE. 

GO. Lighting in the daytime. 

01. Lighting at night. 

62. Water closets in cell.irs. 

iV.i. Water closet accommodations. 

04. Basements and cellars not to be occu- 
pied for li\Tng purposes. 

65. Floors around water closets and sinks. 

66. Repairs. 

07. Water supply. 

68. Buildings to be kept clean and free 

from refuse matter, etc. 

69. Walls of courts to be whitened, etc. 



Sect. 

70. Walls and ceilings of rooms to be 

whitened, etc. 

71. Wall paper. 

72. Receptacles for ashes, etc., to be pro- 

vided. 

73. Certain uses prohibited. 

74. Not to be u.sed for storage of combus- 

tible materials, etc. 

75. Bakeries and fat boiling. 

76. Other dangerous businesses. 

77. .Janitor or housekeeper. 
7S. Overcrowding. 

79. Letting of lodgings regulated. 

SO. Board of health may order repairs, etc. 

81. Infected and uninhabitable houses to be 

vacated. 

82. Repair of fire escapes. 

83. Scuttles, bulkheads, etc., to be easily 

accessible at all times, etc. 

requirements and remedies. 

84. Inspector of buildings. 

85. Permit for construction or alteration. 

86. Building not to be occupied until after 

approval, etc. 

87. Enforcement of provisions. 

88. Building erected, etc., in violation of 

this chapter to be deemed a common 
nuisance, etc. 

89. Penalties. 

90. Jurisdiction of the superior court. 

91. Right of entry. 

92. Liens. 

93. Notice of pendency of action to be filed, 

etc. 

94. Owner's name, etc., to be registered. 

95. Service of notices, etc. 

96. Service of process. 

97. Certain names and addresses to be in- 

dexed, etc. 

98. Repeal. 



GENERAL PROVISIONS. 



1 Section 1. This chapter shall apply to all cities except Boston which Application 

2 accept it or have accepted corresponding provisions of earlier laws by a i9r3,''7s" § 98. 

3 vote of the city council with the approval of the mayor. 



1 Section 2. The following words used in this chapter shall have the Definitions. 

„»,,.. ° ^ 1913,786, §2. 

2 lollowing meanmcs: 

.'^ "Acceptance of this chapter" shall include the acceptance of corre- 
4 sponding provisions of earlier laws. 

.5 "Alcove", any part of a room partitioned off by fi.xed or movable 
ti partitions of any material, by curtains or portieres, or by other coii- 

7 trivance or device, and intended or designed to be used for living pur- 

8 poses. 

9 "Basement", a story partly under ground but having not less than 

10 one half its lieight above the level of the curb, and also having one 

11 half its heiglit in every part above the level of the adjoining ground. 

12 "Cellar", a story more than one half below the level of the curb or 

13 adjoining ground. 



1786 TENEMENT HOUSES IN CITIES. [ChAP. 144. 

"Corner lot", a lot situated at the junction or intersection of two 14 
streets each not less than sixteen feet in width, but any lot the outer 15 
angle of which is over one hundred and twenty-five degrees shall not be 16 
considered a corner lot. Any portion of the width of the front of such 17 
lot distant more than fifty feet and any portion of the depth of such lot 18 
distant more than one hundred feet from such a junction or intersection 19 
shall not be regarded as part of a corner lot, but shall be subject to the 20 
provisions of this chapter respecting interior lots. 21 

"Court", an open unoccupied space, other than a yard or front yard, 22 
on the same lot with a tenement house. A court extending to the street, 23 
yard, front yard or side yard is an "outer court". A court not so ex- 24 
tending is an "inner court". 25 

"E.xisting", existing at the time of the acceptance of this chapter or 26 
corresponding provisions of earlier laws. 27 

"First class construction". A tenement house of first class construe- 28 
tion is one constructed of fireproof material throughout, with floors built 29 
of steel or re-enforced concrete beams, filled in between with terra cotta 30 
or other masonry arches or with concrete or re-enforced concrete slabs; 31 
wood may be used only for under and upper floors, windows and door 32 
frames, sashes, doors, interior finish, hand rails for stairs, necessary 33 
sleepers bedded in cement, and for isolated furrings bedded in mortar. 34 
There shall be no air space between the top of any floor arches and the 35 
floor boarding. 36 

" First story", the lowest story, the ceiling of which is six feet or more 37 
above both the level of the curb and the level of the adjacent ground. 38 
In determining the height of any building by stories, the stories thereof 39 
beginning with such first story shall be numbered upward. 40 

"Front" of a lot, that boundary line which borders on the street. In 41 
the case of a corner lot the owner may elect by statement on his plans 42 
either street boundary line as the front. 43 

"Half story" or "attic", any story included in the roof, the cubic 44 
contents of which, exclusive of cockloft or blind attic not exceeding 45 
three feet in height at the highest point, is not more than sixty per cent 46 
of the cubic contents of the first story. 47 

" Height", the perpendicular distance measured in a straight line from 48 
the curb level, or from the finished grade line of the lot where such grade 49 
is higher than the curb, to the mean height above the eaves of any slop- 50 
ing roof, and to the highest point of the roof beams in the case of flat 51 
roofs, except that in the case of flat roofs a parapet exceeding three feet 52 
in height shall be considered a part of the height of the building, the 53 
measurements in all cases to be taken through the centre of the street 54 
front of the house. Where a building is on a corner lot and there is more 55 
than one grade or curb level, the measurements shall be taken from the 56 
centre of the front on the street having the lowest elevation. 57 

" Interior lot", any lot other than a corner lot. 58 

" Lot ", the plot of ground covered by and adjacent to a tenement house 59 
or dwelling house and des^oted exclusiAcly to the purposes of such house, 60 
as shown by the plan of such lot furnished to the building department 61 
pursuant to section eight\'-fi\'e. 62 

"Nuisance" includes all public nuisances as known at common law 63 
or in equity jurisprudence; and furthermore, whatever is dangerous to 64 
human life or detrimental to health, whatever building or erection, or 65 
part or cellar thereof, is overcrowded with occupants or is not provided 66 
with adequate ingress or egress to and from the same or apartments 67 



Chap. 144.] tenement houses in cities. 1787 

68 thereof, or is not sufficiently supported, ventilated, sewered, drained, 

69 cleaned or lighted in reference to its or their intended or actual use; and 

70 whatever renders the air or human food or drink unwholesome, are also 

71 severally in contemplation of this chapter, nuisances; and such nuisances 

72 are hereby declared unlawful. 

73 " Occupied spaces". Porches, platforms, except those on the first story 

74 when the basement is not occupied or designed or intended to be occupied 
7") for habitation, and outside stairways, except fire escapes and steps lead- 

76 ing to the first story, shall be considered as part of the building and not 

77 as part of the yard or courts or unoccupied areas. 

78 " Public hall ", a hall, corridor or passageway not within an apartment. 

79 "Rear" of a lot, the side opposite to the front. In the case of a corner 
SO lot with streets on three sides, or of a triangular or irregularly shaped 
<S1 lot abutting on two streets at their junction or intersection, the rear shall 
82 be a side not bordering on a street. 

S3 "Second class construction". A tenement house of second class con- 

84 struction is one of which the exterior and party walls are fireproof and 

85 conform to the requirements of first class construction as defined by 

86 law or by ordinance of the city in which it is situated. 

87 "Stair hall" includes the stairs, stair landings and those parts of the 

88 public halls through which it is necessary to pass in going from the en- 

89 trance floor to the roof. 

90 "Street " includes any right of way dedicated to public use, any public 

91 alley, or railroad right of way sixteen feet or more in width, any ceme- 

92 tery or public park. 

93 "Tenement house", any house or building, or part thereof, which is 

94 rented, leased, let or hired out, to be occupied, or is occupied, or intended, 

95 arranged or designed to be occupied as the home or residence of two or 

96 more families (a family may consist of one or .more persons), living in- 

97 dependently of each other and doing their cooking on the premises and 

98 having a common right in the halls, stairways, yard, courts, cellar, sinks, 

99 water closets or privies, or any of them. Where the occupants of dwelling 

100 houses contiguous and vertically divided, each occupied or intended, 

101 arranged or designed to be occupied as the home or residence of one 

102 family or more, have a common right in or use in common the halls, 

103 stairways, yards, cellars, sinks, water closets or privies, or any of them, 

104 such dwelling houses shall be deemed to be tenement houses and shall be 

105 subject to this chapter. 

106 "Thereafter", after the acceptance of this chapter or corresponding 

107 provisions of earlier laws. 

108 "Third class construction". A tenement house of third class con- 

109 struction is one of which the exterior walls or parts thereof are of com- 

110 bustible materials and do not conform to the requirements of first class 

111 construction. 

112 " Yard ", an open unoccupied space on the same lot with the tenement 

113 house between the extreme rear line of the house and the extreme rear 

114 line of the lot. A "front yard" is an open unoccupied space between 

115 the front line of the house and the front line of the lot. A " side yard " is 

116 an open unoccupied space between the side line of the main part of the 

117 house and the side line of the lot and shall be deemed an outer court on 
lis the lot line. 

119 Words used in the present tense include the future; words in the 

120 masculine gender include feminine and neuter; the word "shall" is al- 

121 ways mandatory, and denotes that the house shall be maintained in all 



1788 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



respects according to the mandate so long as it continues to be a tene- 122 
ment house; whenever the words "charter", "ordinances", "regula- 123 
tions", "building department", "building inspector", "health depart- 124 
ment", "board of health", "department charged with the enforcement 125 
of this chapter", or "city solicitor" occur in this chapter they shall be 126 
construed as if followed by the words " of the city in which the tenement 127 
house is situated"; wherever the words "is occupied" are used in this 128 
chapter applying to any building, such words shall be construed as 129 
if followed by the words "or is intended, arranged or designed to be 1.30 
occupied". 131 

ofTirta'n"" SECTION 3. Unlcss Otherwise specifically provided therein, sections 1 

sections. jjjj^p ^q forty-uinc, inclusive, shall apply only to tenement houses erected 2 

after the acceptance of this chapter, and sections fifty to fifty-nine, in- 3 

elusive, only to tenement houses erected prior to such acceptance. 4 



Law not to 
be modified. 
1913, 786, § 5. 



Section 4. This chapter shall be held to provide the minimum 
requirements adopted for the protection of the health and safety of the 
community. Nothing in this chapter shall be construed as prohibiting 
any city from enacting from time to time supplementary ordinances im- 
posing further restrictions, but no city authority shall have power to 
minimize, avoid or repeal any provision of this chapter. 



1 
2 
3 
4 
5 
6 



Sewer con- 
nection and 
water supply. 

1913. 786. § 6. 

1914, 792, § 1. 
1919, 350, § 96. 



Section 5. The provisions of this chapter with reference to sewer 1 

connection and water supply shall be deemed to apply only where 2 

connection with a sewer and with a water main is or becomes practicable. 3 

The questions of the practicability of such sewer and water connections 4 

shall be decided by the local board of health, or bj' the department of 5 

public health upon request of the local board. 6 



payment or Section 6. The department of public health may examine into the 
?9i3''^78fi'''5'7 enforcement of the laws relating to tenement houses in any city. When- 
1919' ssn I Bfi ^^^^ ^*' required by the governor, it shall make such an examination and 

shall report the result thereof to the governor within the time prescribed 

by him. 



1919, 350, § 96. 



1 

2 
3 
4 
5 



Improvements 
to be made 
within one 
year after 
acceptance. 
1913. 786, § 8. 



Section 7. In tenement houses erected prior to the acceptance of 1 

this chapter by a city, all improvements specifically required thereby 2 

shall be made within one year thereafter, or at such earlier time as may 3 

be fixed by the building inspector. 4 



inverted or Section 8. A building not a tenement house, if converted or altered 1 

ms'^reo § 3 *° ^^^^ "^^ after the acceptance of this chapter, shall thereupon become 2 

subject to all the provisions thereof aft'ecting tenement houses erected 3 

thereafter. 4 



Alterations 
and change in 
occupancy. 
1913, 786, 5 4. 



Section 9. No tenement house shall at any time be altered so as 
to be in violation of any provision of this chapter. If any tenement house, 
whenever erected, or any part thereof is occupied by a number of families 
in excess of the number specified in this chapter, or is erected or altered 
or occupied contrary to law, such tenement house shall be deemed an 
unlawful structure, and the board of health may cause such building to 



1 

2 

3 
4 
5 
6 



Chap. 144.] tenement houses in cities. 1789 

7 be vacated; and it shall not af;;ain be occupied until it or its occupation, 

8 as the case may be, has been made to conform to the law, and a written 

9 permit is obtained from the board of health. 

NEW BUILDINGS. LIGHT .\ND VENTILATION. 

1 Section 10. No tenement house of third class construction shall be pistanrefrom 

2 erected, enlarged or placed with the side walls, bay windows or other i913,'78g?1 9. 
'.] [)r()jections, except cornices, belt courses and window sills, nearer than 

4 fi\e feet to the line of any adjoining; lot, nor shall any lot upon which 

5 such a tenement house stands be so changed in size as to bring the side 
() walls or bay windows or other projections, except as aforesaid, nearer 

7 than five feet to the line of any adjoining lot. But any such tenement 

8 house may be constructed to the lot line if protected by a fire wall as 

9 provided in section forty-seven. 

10 If the side walls of any tenement house of first or second class con- 

11 struction are built to the lot line there shall be no windows or any other 

12 openings in such walls. 

1 Section 11. No tenement house shall have more than one legally Height 

2 habitable story for each full ten feet of the width of the street, unless 

3 such house be set back from the street a distance equal to the excess of 

4 its height over that permitted at the street line. On a corner lot the 

5 height shall be governed by the width of the wider street, as above, but 

6 this height shall not extend along the narrower street a distance greater 

7 than twice the width of said street. 

1 Section 12. Behind every tenement house there shall be a yard ]^gY^*73g jn 

2 extending across the entire width of the lot and at every point open 

3 from the ground to the sky unobstructed, except as hereinafter provided. 

4 Every part of such yard shall be directly accessible from every other part 

5 thereof. The depth of said yard shall be measured from the extreme 

6 rear of the house toward the rear line of the lot. Where the rear of the 

7 lot abuts on a public alley or right of way dedicated to public use for 

8 the full width of the lot, the depth of the lot may be measured to the 

9 middle line of such alley or right of way; where there is no such alley 

10 or right of way the measurements shall be taken to the rear lot line. If 

11 the tenement house is three stories or less in height the depth of the yard 

12 in the case of interior lots shall be not less than fifteen feet, and the depth 

13 of the yard in the rear of corner lots shall be not less than ten feet. If 

14 the tenement house exceeds three stories in height, the depths above 

15 prescribed in the case of interior lots shall be increased five feet and in 

16 the case of corner lots shall be increased two feet for each story above 

17 three stories. When a lot upon which a tenement house is built is 
IS bounded on every side by a street the yard may be omitted. 

1 Section 13. The sizes of all courts shall be proportionate to the Courts. 

2 height of the building.' No court shall be less in any part than the mini- 

3 mum sizes prescribed in this section. The minimum width of a court 

4 for a two story building shall be ten feet, and the width shall increase 

5 two feet for each additional story. The length of an inner court shall 

6 never be less than twice the minimum width prescribed by this section. 

7 The length of an outer court shall never be greater than twice its mini- 

8 mum width unless provided at the inner end with an air intake at the 



1790 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



bottom, as prescribed in section fifteen, which shall communicate di- 9 

rectly with the street or yard or front yard. The minimum width for 10 

an outer court on the lot line extending from the street or front yard to 11 

the yard shall be ten feet for a three story building, and the width shall 12 

increase one foot for each additional story. 13 

Courts to be SECTION 14. No court shall be covered by a roof or skylight, but 1 

1913, 786. § 13. every court shall be at every point open from the ground to the sky 2 

unobstructed. 3 



Air intakes. 
1913, 786, 5 l-l. 



Extensions or 
offsets to 
courts. 
1913, 786, § 15. 



Section 15. In every tenement house four stories or under in 1 

height, every inner court shall be provided with one or more horizontal 2 

air intakes at the bottom. Such intakes shall communicate directly 3 

with the street, front yard or yard, and shall consist of a fireproof 4 

passageway not less than three feet wide and seven feet high which 5 

shall be left open, or be provided with an openwork gate at each end, 6 

and such gate shall not be covered over in any way either by glass or 7 

any other material. If the tenement house is over four stories in height 8 

there shall be two or more such intakes, one communicating with the 9 

street or front yard and one with the yard. 10 

Section 16. Extensions or offsets to courts are permitted for the 1 

purpose of lighting bathrooms, water closets and corridors only, but 2 

no such extension or offset shall be less than six feet in width in any part; 3 

its depth may be less than but never greater than its width. Such 4 

dimensions shall be deemed the minimum dimensions for a two story 5 

house, and shall increase one foot for each story above two stories. 6 



Building of 
walls across 
angles in 
courts. 
1913, 7S6, § 16. 



Section 17. Nothing in the foregoing sections concerning courts 1 

shall be construed as prohibiting the building of walls across the angles 2 

of said courts to contain windows; provided, that the running length of 3 

the wall containing such windows does not exceed six feet. 4 



Buildings on 

same lot with 

tenement 

houses. 

1913, 786, § 17. 



Section 18. If any building is thereafter placed on the same lot 1 
with a tenement house, whenever erected, there shall always be main- 2 
tained between the said buildings an open unoccupied space extending 3 
upward from the ground and extending across the entire width of the 4 
lot. Except as otherwise provided by special acts, such space shall .5 
never be less than twenty-five feet in depth, and where either building 6 
exceeds three stories in height the depth of such open space shall be in- 7 
creased five feet for each story above three. No building of any kind 8 
shall thereafter be placed upon the same lot with a tenement house, 9 
whenever erected, so as to diminish the minimum size of courts or yards 10 
as hereinbefore prescribed, except that where an alley not less than ten 11 
feet wide abuts on the rear of the lot, a rear building, if not used for 12 
tenement house or stable or manufacturing purposes, may be built up 13 
to the rear line of the lot; provided, that it does not exceed one story in 14 
height and that the space between it and the front building is maintained 15 
as required by this section. If any tenement house is erected upon any 16 
lot upon which there is already another building, it shall comply with 17 
this chapter, and, in addition, the space between the said building and IS 
the said tenement house shall be of such size and arranged in such 19 
manner as is prescribed in this section, the height of the highest building 20 
on the lot to regulate the dimensions. 21 



Chap. 144.] tenement houses in cities. 1791 

1 Section 19. No tenement house shall l)e ereeted upon the rear of "ne^^pnts 

2 a lot where there is a buildinc; on the front of the said lot, nor upon the i^i^' ''**6' 5 's. 

3 front of any such lot upon the rear of which there is a tenement house 

4 whenever erected or a stal)l(' or l)uilding used for manufacturing pur- 

5 poses. This provision shall not apj)ly to tenement houses abutting on 
G two streets and situated on the outside corner of the lot. 

1 Section 20. Every apartment shall have at least one room with a i.iehting. 

2 window opening directly upon the street or yard, and every room shall '""■*• ^^'^' ^ *^' 

3 have at least one window opening directly upon the street or upon a 

4 yard or court of the dimensions specified in this chapter, except that 

5 kitchenettes, pantries, water closet compartments and bathrooms may 

6 have such window opening upon an offset to a court, as provided in sec- 

7 tion sixteen, and such window shall be so located as properly to light all 

8 parts of such rooms. 

1 Section 21. The total area of the windows between stop beads in windows. 

2 each room, including kitchenettes, water closet compartments and bath- 

3 rooms, shall be at least one seventh of the floor area of the room, and 

4 the top of at least one window shall be not less than seven feet six inches 

5 above the floor, and the upper half of it shall be made so as to open the 

6 full width. No such room shall have less than twelve square feet of 

7 window area measured between stop beads, except that in kitchenettes, 

8 water closet compartments and bathrooms such windows shall be not less 

9 than six square feet in area between stop beads. 

1 Section 22. There shall be in each apartment at least one room con- size of rooms. 

2 taining not less than one hundred and fifty square feet of floor area, and 

3 every other room, except kitchenettes, water closet compartments and 

4 bathrooms, shall contain not less than eighty-four square feet of floor 

5 area. All rooms shall be in every part not less than eight feet six inches 

6 from the finished floor to the finished ceiling, except that a half story 

7 room need be eight feet six inches in height in but one half of its area. 

1 Section 23. An alcove in any room shall be separately lighted and f^g^g^y^gg^'^ 22 

2 ventilated as provided for rooms in the foregoing sections. No part of 

3 any room in a tenement house, whenever erected, shall be enclosed or 

4 subdivided at any time, wholly or in part, by a curtain, portiere, fixed or 

5 movable partition, or other contrivance or device so as to make an alcove, 

6 unless the part of the room so enclosed or subdivided shall contain a sepa- 

7 rate window, as herein required, and shall have a floor area of not less than 

8 eighty-four square feet. 

1 Section 24. In each apartment there shall be access to every living Privacy. 

2 room and bedroom, and to at least one water closet compartment with- 

3 out passing through a bedroom or bathroom or water closet compartment. 

1 Section 25. Everv public hall and stair hall shall have at each story windows jn 

-.,1 . 1 * . T 1 1 1 public halls. 

2 at least one wmdow opening directly upon the street or upon a yard or 1913. 7S6, 1 24. 

3 court of the dimensions specified in this chapter. Such window in a 

4 pviblic hall shall be at the end of the hall with the natural direction of the 

5 light parallel to the hall's axis. Any part of a public hall which is in 

6 any way shut off from any other part of the hall shall be deemed a sepa- 

7 rate hall within the meaning of this section. 



1792 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



Sizes of jv-in- SECTION 26. The windows provided to lieht and ventilate each public 1 

dows in halls. , ,, , . , ,, i p i n • i i i ^ 

1913,786, §25. hall and stair hall, or part thereot, shall contain not less than twelve 2 

square feet clear opening, measured between stop beads. The top of one 3 

such window shall be not less than seven feet six inches above the floor, 4 

and the upper half thereof shall be made so as to open the full width. 5 

A sash door shall be deemed the equivalent of a window in this and the 6 

foregoing section ; provided, that said door contains a clear opening of the 7 

size prescribed for such windows. In every tenement house of three or 8 

more stories, whenever erected, there shall be in the roof directly over 9 

each stair well a ridge ventilator having a minimum opening of forty 10 

square inches and with fixed or movable louvres. 11 



Use of base- 
ments and 
cellars for 
living purposes 
regulated. 
1913, 786, § 26. 



SANITATION. 

Section 27. No room in the cellar or basement shall be constructed, 1 
altered, converted, or occupied for living purposes, unless, in addition 2 
to the other requirements of this chapter, all of the following conditions 3 
are complied with: In a cellar no room shall be so occupied unless it is in 4 
every part entirely above the finished grade of the adjoining land. Such 5 
occupied cellar shall be counted as a story in determining the size of 6 
courts and yard. In a basement no room shall be so occupied unless the 7 
ceiling in every part is at least four and one half feet above the curb level 8 
of the street in front of such room. Every such room shall be an integral 9 
part of an apartment containing a room opening directly upon the street 10 
or yard. There shall be appurtenant to every such apartment a sepa- 11 
rate water closet, constructed and arranged as required by section thirty- 12 
two. All walls surrounding such room, and the floor thereof, shall be 13 
damp proof. 14 



Damp proof- SECTION 28. 

los etc Ol 

cellars ' shall be damp proof. All cellars and basements shall be properly lighted 

and ventilated in all their parts to the satisfaction of the board of health. 



The cellar floor and the walls below the ground level 1 

2 
3 



Spaces under 

floors. 

1913, 786, § 28. 



Section 29. In any tenement house under any part of which there 
is no cellar, the first story shall be at least two feet above the ground 
beneath and that adjacent thereto, and the space beneath such floor 
shall be kept free and clear and shall be enclosed to prevent the accumu- 
lation of rubbish, but provided with ample ventilation and adequate 
drainage. 



Courts, yards, 
etc., to be 
drained, etc. 
1913, 786, § 29. 



Section 30. All courts, areas and yards shall be properly graded and 
drained and, subject to section five, connected with the street sewer. 
And when necessary in order to keep such premises in a sanitary con- 
dition such courts, areas or yards, or such part thereof as the board of 
health shall order, shall be properly paved. 



Sinks. 

1913. 786, § 30. 

Water closets- 
1913, 786, § 31. 



Section 31. There shall be a proper sink in each apartment. 

Section 32. There shall be within each apartment a separate water 
closet, located in a bathroom or in a separate compartment; provided, 
that where there are apartments of but one or two rooms there shall 
be at least one water closet for every two such apartments, and such 
water closet shall not open into any apartment but shall be accessible 
through a public hall, and the door thereof shall be provided with lock 



Chap. 144.] tenement houses in cities. 1793 

7 and keys, and such compartment and water clo.set shall comply in all 

8 other respects with this chapter. Said compartment shall be not less 

9 than three feet wide, and shall be enclosed witii brick, concrete, stone, 

10 tiled or plastered partitions which shall extend to the ceiling. No wooden 

1 1 sheatiiing or wainscoting shall be i)ermitted. Every such compartment 

12 shall have a window opening directly upon the street or upon a yard or 

13 court of the minimum size prescribed by this chapter. Every water 

14 closet compartment thereafter placed in any tenement house, whenever 

15 erected, siiail be provided with proper means of lighting the same at 

16 night. The floor of every such water closet compartment shall be made 

17 waterproof with asphalt, tile, stone or some other non-absorbing water- 

18 proof material; and such waterproofing shall extend at least six inches 

19 above the floor so that the floor can be washed or flushed out without 

20 leaking. When the water closet fixture is located in a bathroom the 

21 floor directly beneath the fixture and extending at least one foot beyond 

22 it in each direction shall be waterproofed as abo\e provided. No drip 

23 trays shall be permitted. No water closet fixtures shall be enclosed with 

24 woodwork. No water closet shall be placed out of doors nor in the cellar 

25 of any tenement house, whenever erected, except as provided in section 

26 twenty-seven or as an appurtenance to an engine or boiler room or 

27 laundry and then only in case such cellar closet is lighted and ventilated 

28 as required in this chapter for a basement room. 

1 Section 33. Plumbing fixtures shall not be enclosed with wood- Plumbing. 

2 work. All plumbing pipes shall be exposed, except as may otherwise 

3 be permitted by the board of health. Wherever plumbing or other pipes 

4 pass through floors or partitions they shall pass through metal bushings 

5 or casings extending entirely through the floor or partition, and the inner 

6 diameter of such bushing or casing shall in no case exceed the outer 

7 diameter of such pipe by more than one thirty-second of one inch, and 

8 such bushings or casings shall be so set in floors or partitions as to be 

9 externally air tight. All plumbing work shall be sanitary in every par- 

10 ticular and except as otherwise specified in this chapter shall be in 

11 accordance with the local plumbing regulations. Pan and long hopper 

12 closets shall not be used. 

1 Section 34. All sinks and water closets shall be provided with an water 

2 adequate supply of running water as approved by the board of health. ms.Vse, § 33. 

1 Section 35. No privy or privy vault shall be permitted on the same Pri%-ies. 

2 lot with any tenement house. . . ■ 

fire protection. 

1 Section 36. No tenement house of third class construction shall construction 

2 be erected exceedmg two and one half stories in height in any part, nor i9i3, -m. i 33. 

3 shall it be occupied, nor intended, arranged or designed to be occupied, 

4 by more than two families. No tenement house of second class con- 

5 struction shall be erected exceeding four stories in height, nor shall it 

6 exceed twenty-five hundred square feet in superficial area between fire 

7 walls. Any tenement house which exceeds four stories in height shall 

8 be of first class construction. A basement or cellar the ceiling of which 

9 extends more than three feet above the curb level shall be a story within 
10 the meaning of this section. 



1794 TENEMENT HOUSES IN CITIES. [ChAP. 144. 

msTsTl'sG. Section 37. In every tenement house which exceeds two and one 1 
half stories in height in any part, there shall be one or more fire escapes 2 
located and constructed as provided in this section. 3 

Such fire escape shall be so located as to permit of unobstructed egress 4 
from every apartment on each floor above the ground floor, and in no 5 
case shall such egress be through any bathroom, water closet, storage 6 
room or public hall, nor shall any opening giving egress to any fire escape 7 
be smaller in size than the minimum provided for windows by section 8 
twenty-six. 9 

No fire escape shall be placed within or open upon any inner court 10 
unless such court measures at least twenty-four feet in its least dimen- 11 
sion, and unless the consent of the building department shall have been 12 
obtained for such location. 13 

Fire escapes shall, at the option of the owner, be constructed after one 14 
of the methods hereinafter specified and described, to wit: 15 

A. A wholly enclosed tower stairway, with an adjacent open air 16 
vestibule at each floor. 17 

Every such vestibule shall be constructed with brick, terra cotta or 18 
concrete walls not less than eight inches thick at any point, and shall 19 
have at least one of such enclosing walls formed by an outer wall of the 20 
building, and in such outer wall there shall be a permanent opening to the 21 
outer air, of an area not less than eighty per cent of the total area of 22 
such vestibule wall, and of a height not less than the clear story height. 23 
Such opening, if reaching to the floor of the vestibule, shall be provided 24 
with a railing of suitable height and strength. The floors of vestibules 25 
shall be constructed wholly of incombustible material. 26 

If one apartment on each floor is to be served by this fire escape then 27 
one side wall (i.e., a wall at right angles to the outer wall) of each vesti- 28 
bule shall have an approved fire door giving egress from the adjacent 29 
apartment; or, if two apartments on any floor are to be served by this 30 
fire escape, the vestibule at such floor must be so located as to provide 31 
unobstructed egress from each apartment by means of an approved fire 32 
door in each side wall of the vestibule. Such fire doors shall be not less 33 
than three feet in clear width nor less than six feet and six inches in clear 34 
minimum height, and shall not be secured or fastened except upon the 35 
apartment side, and then only by means of locking bars or other easily 36 
operated device having no removable parts. If there are openings from 37 
basement or cellar floors into the vestibule they shall be provided with 38 
self-closing fire doors and there shall be a permanent opening in the 39 
outer wall, all as hereinbefore described. 40 

On the side of each vestibule opposite the opening to the outer air shall 41 
be constructed an approved fire door giving access to the stairway tower. 42 
Every such door shall be of the size hereinbefore described, of self-closing 43 
pattern but without locks or other fastenings, and shall contain an upper 44 
lighting panel of wire glass at least six feet in area. There shall be no 45 
openings into such a vestibule other than those hereinbefore described. 46 

The stairway tower shall be not less than six feet six inches in clear 47 
width, and shall be constructed with walls of brick, terra cotta, or con- 48 
Crete not less than eight inches thick at any point. Such walls shall 49 
extend from the ground to a point not less than two feet above the roof, 50 
and shall be so constructed as to be impervious to smoke. There shall be 51 
no doorways or other openings of any kind in such walls except the door- 52 
ways connecting with the above described vestibules, and excepting an 53 
egress doorway opening at the ground level, such egress door to open 54 



Chap. 144.] tenement houses in cities. 1795 

55 outwardly, and if secured to be fastened upon the inside only. No such 

56 ground level door shall be secured by means of sliding bolts, nor by a 

57 look or other apparatus requiring a key or other similar removable device. 

58 Within the stairway tower shall be provided a stairway with a landing 

59 at the level of each doorway, each landing to extend the full wudth of 

60 the shaft and to be at least six inches wider in clear width than the door 

61 opening thereon. Stairs and such intermediate landings as may be re- 

62 quired shall be not less than three feet in width measured to the centre 

63 of balustrades, and shall be provided with balustrades and wall rails. 

64 Stairs shall be placed at an angle not exceeding forty-five degrees from the 

65 horizontal; treads to be not less than eight inches wide, and risers not to 

66 exceed nine inches in height. Winders shall not be permitted, nor shall 

67 there be less than three steps between any two landings. All such stair- 

68 ways, landings and balustrades shall be of incombustible material, ex- 

69 cept that wooden hand rails and wall rails may be used. 

70 E\'ery such shaft shall be roofed and provided with a skylight not less 

71 than sixteen square feet in area, glazed with wire glass one fourth inch or 

72 more in thickness set in metal frame and sash, and shall also have placed 

73 centrally in such skylight a suitable ventilator of not less than two hun- 

74 dred and twenty-five square inches area. 

75 The above described tj^pe of fire escape may at the option of the owner 

76 be used as a regular service stairway. 

77 B. An enclosed tower stairway, similar to the above, except that 

78 access to the same shall be provided by means of an outside balcony in 

79 each story above the ground floor, instead of by means of the vestibules 

80 hereinbefore described. Such balconies shall be constructed wholly of 

81 incombustible material, shall be provided with well braced balustrades 

82 of proper height on outer side and ends, and shall extend beyond at least 

83 one door or window opening into each adjacent apartment. All doors 

84 opening into the stairway tower shall be as described for type "A" fire 

85 escape. 

86 C. An outside balcony or balconies at each floor above the first floor. 

87 Such balconies shall be constructed wholly of incombustible material 

88 approved by the building department. They shall be not less than two 

89 feet in width at any point, and shall be provided with suitable balustrades 

90 and hand rails on outer sides and ends. 

91 Each balcony shall communicate with the balcony next below by 

92 permanent stairways placed at an angle of not more than forty-five de- 

93 grees from the horizontal, treads shall not be less than eight inches wide 

94 nor shall risers exceed nine inches in height, and each stairway shall be 

95 provided with balustrades and hand rails and shall measure in width not 

96 less than twenty-four inches measured from centres of hand rails. 

97 A counterbalanced stairway shall be provided extending from the low- 

98 est balcony to the ground, arranged to be lifted and supported when 

99 not in use in a manner satisfactory to and approved by the building 

100 inspector. 

101 All such balconies shall extend to and include at least one floor or 

102 window in every apartment on every floor above the ground floor, exclu- 

103 sive of windows in bathrooms, water closets, storage rooms or public 

104 halls. 

105 Floors of all balconies required by this chapter and treads of stairs 

106 appurtenant to balconies and fire escapes shall be constructed of grating 

107 pattern, and shall have the bars separated by a clear space of not over 

108 one inch, and shall be so constructed as safely to sustain a live load of not 



1796 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



less than seventy pounds to the square foot of floor area. Balconies, 109 
unless it is otherwise provided by existing building laws or regulations, 110 
may project into the public highway for a distance not greater than four 111 
feet beyond the established building line. In case of tenements with flat 112 
roof, the balconies on the upper floors shall, if required by the building 113 
department, be provided with stairs or a gooseneck ladder leading from 114 
such balcony to the roof and securely fastened thereto. 1 15 

All balustrades in this section shall have vertical bars placed not more 116 
than six inches on centres. 117 

All balconies forming part of or constituting fire escapes, and all appur- 118 
tenances thereof, shall be subject to such supplementary regulations as 119 
are in force or as may hereafter be adopted by any city or by the building 120 
department thereof. 121 

All doors opening upon fire escape balconies within six feet of the stair- 122 
ways shall be of self-closing fire resisting pattern. 123 

All windows opening upon fire escape balconies within six feet of the 124 
stairways shall be self-closing of wire glass set in metal frames and sash. 125 

Section 38. Every tenement house exceeding two and one half 1 

stories in height and having a flat roof shall have in the roof a bulkhead 2 

or scuttle not less than two feet by three feet in size. Such bulkhead or 3 

scuttle shall be covered with metal on the outside and shall be provided 4 

with stairs leading thereto and easily accessible to all tenants of the 5 

building. No bulkhead or scuttle shall be located in a closet or room, but 6 

shall be placed in the ceiling of the public hall on the top floor, and access 7 

through the same to the roof shall be direct and uninterrupted. 8 

^ubiichaUs Section 39. In every tenement house there shall be at least one 1 

1913. 786. § 38. flight of stairs extending from the entrance floor to the top story. In 2 

every tenement house of third class construction there shall be at least 3 

two independent flights of stairs with separate entrances leading from the 4 

entrance floor to the top story, said flights of stairs being at two points 5 

as far apart as is possible in the opinion of the building department, and 6 

one of said flights of stairs may consist of outside, open stairs and bal- 7 

conies. In all cases said stairs shall be directly accessible from each 8 

apartment, without passing through any other apartment. All stairs 9 

and balconies and all public halls shall be at least three feet six inches 10 

wide in the clear. All stairs shall be constructed with a rise of not more 1 1 

than eight inches and with treads not less than nine inches wide. 12 

Winders shall not be permitted in any staircase. 13 



Construction 
of bulkheads 
and scuttles. 
1913, 786, § 37. 



Fireproof SECTION 40. In cvcrv tenement house of second class construction 

stairs and tip • • i • i i • i "III 

stair halls re- excecdiug two and one halt stones m height the stairs and stair nails 

mTOthouses°of shall bc coustructcd of incombustible material throughout, except that 

con°struction. trcads may be of hard wood not less than one and three quarters inches 

1913, 786, § 39. ^j^j^j. Wooden hand rails shall be permitted. The floors of all such stair 

halls shall be constructed of incombustible material, and no wooden 

flooring or sleepers shall be permitted. All such stairs and stair halls 

shall be enclosed on all sides with brick, terra cotta or concrete walls 

not less than eight inches thick. There shall be no transom or sash 

opening from any such stair hall to any other part of the house. Each 

stair haU shall be shut ofl" from all non-fireproof parts of the building, 

on each story, by self-closing fire doors, and if glass is used in such doors 

it shall be of wire glass in metal frames and sash. 



1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 



Ch.\P. 144.) TENEMENT HOUSES IN CITIES. 1797 

1 Section 41. Every entrance hall shall be at least four feet wide in Entrance 

2 the clear. 

1913. 786, i 40. 

1 Section 42. All shafts shall be constructed of incombustible ma- shafts to be 

2 terials throughout, with self-closing fire doors at all openings at each con8u-uc°i'on. 

3 story; and, if they extend to the cellar, shall also be enclosed in the ''■''3, vse. hi. 

4 cellar with incombustible walls and self-closing fire doors at all openings. 

5 In no case shall any shaft be constructed of materials in which any in- 

6 flammable material or substance enters into any of the component 

7 parts. But nothing in this section shall be so construed as to require 

8 such enclosures about elevators or dumb-waiters in the well hole of stairs 

9 where the stairs themselves are enclosed in brick or stone walls, and 

10 are entirely constructed of incombustible materials as provided in this 

11 chapter. 

1 Section 43. In every tenement house of second class construction ceiung of 

2 the cellar ceiling and the ceiling and side walls of the cellar stairs shall igil^Vse". 5 42. 

3 be plastered on metal lath, and the stairs shall be provided at the top 

4 with a Self-closing fire door. 

1 Section 44. No closet of any kind shall be constructed under any ciosets under 

2 staircase leading from the first story to the upper stories. sSirl not 

1913.786, 543. allowed. 

1 Section 45. There shall be an entrance to the cellar or other lowest ouuide cellar 

„.,.,,. entrance. 

2 story from the outside of the building. 

1913. 786, § 44. 

1 Section 46. \Mienever the plaster finish about any chimney is Finish about 

2 carried on furring, the furring strips shall be of metal, and only metal igi^.^lse; 545. 

3 lathing shall be used. All recesses about funnel holes shall be finished 

4 wholly with incombustible material at sides, top and bottom. 

1 Section 47. Where non-fireproof tenement houses are built in the Fire waiis. 

2 form of double houses or terraces or attached or semi-attached rows, 

3 there shall be a fire wall of brick, concrete or terra cotta or other hard 

4 incombustible material approved by the inspector of buildings, separat- 

5 ing every such house from each adjoining house, and such wall shall have 

6 no openings therein, and shall extend from the floor of the basement or 

7 cellar to not less than one foot above the roof, and out to the boarding 

8 of the walls. No wooden beams shall be carried through the fire walls. 

1 Section 48. Roofs in all parts and the sides of all dormer windows Roofing 

2 shall be covered with fire resisting material satisfactory to the building igisTraa] § 47. 

3 inspector. 

1 Section 49. In no wooden tenement house shall any story or part wooden tene- 

2 thereof above the second story be rented, leased, let or hired out to be STomo briSid 

3 occupied for housekeeping, nor shall it be intended, arranged or designed p°urpoges'above 

4 to be occupied for housekeeping, nor shall any provision be made for igJs^ree^Yis. 

5 cooking, nor shall any cooking be done above the second story. 



1798 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



Lighting and 
ventilating 
of rooms. 
1913, 786, § 49. 



IMPROVEMENTS IN OLD BUILDINGS. 

Section 50. No room or alcove shall thereafter be occupied for living 
purposes unless it shall have a window with an area of not less than ten 
square feet between stop beads opening directly upon the street, or upon 
a yard not less than ten feet deep, or above the roof of an adjoining 
building, or upon a court of not less than thirty square feet in area, 
open to the sky without roof or skylight. 



Lighting and 
ventilating of 
pubUc halls. 
1913, 786, § 50. 



Section 51. Public halls and stairs shall be provided with sufficient 1 

light to permit the reading of twelve point type in the daytime in any 2 

part thereof. Light and ventilation in such halls shall be from the outer 3 

air, except when in the opinion of the building inspector it is impracti- 4 

cable, in which case the lighting and ventilation shall be such as to meet 5 

the approval of the board of health. 6 

All new skylights thereafter placed in a tenement house shall be pro- 7 

vided with ridge ventilators having a minimum opening of forty square 8 

inches, and also with either fixed or movable lou\'res, or with movable 9 

sashes, and shall be of such size as may be determined to be practicable 10 

by the building inspector. 11 



Sinks. 
1913, 786, 



51. 



Water closets. 
1913, 786, § 52. 



Section 52. Woodwork enclosing sinks placed in the public halls 
or stairs shall be removed and the spaces underneath shall be left open. 
The floors and wall surfaces beneath and around the sink shall be put 
in good order and repairs, and if of wood shall be well painted with light 
colored paint. 

Section 53. Woodwork enclosing every water closet fixture shall 
be removed, and the space underneath the seat shall be left open. The 
floor and other surfaces beneath and around the closet shall be put in 
good order and repair, and if of wood shall be well painted with light 
colored paint. 



Removal of 
cesspools, etc. 
1913, 786, § 53. 



Section 54. Where a connection with a sewer is possible, all cess- 1 
pools, school sinks, privy vaults or other similar receptacles used to 2 
receive fecal matter, urine or sewage shall within one year thereafter 3 
be completely' removed and the places where they were located properly 4 
disinfected under the direction of the board of health. Such appliances 5 
shall be replaced by individual water closets of durable non-absorbent 6 
material, properly sewer connected, with individual traps and properly 7 
connected flush tanks providing an ample flush of water thoroughly to 8 
cleanse the bowl. Each water closet shall be located inside the tenement 9 
house in a compartment completely separated from e\ery other water 10 
closet, and such compartment shall contain a window of not less than 11 
three square feet in area opening directly upon the street or yard, or on 12 
a court of which the least dimension is not less than three feet and the 13 
area not less than fifteen square feet. The floors of the water closet 14 
compartment shall be waterproof, as provided in section thirty-two. 15 
There shall be provided at least one water closet for each apartment 16 
unless, in the opinion of the building inspector, this shall be impracti- 17 
cable; but in no case shall there be less than one water closet for every 18 
two apartments. Such water closets and all plumbing in connection 19 
therewith shall be sanitary in every respect, and, except as in this section 20 



Chap. 144.] tenement houses in cities. 1799 

21 otherwise provided, shall be in accordance with the laws, ordinances and 

22 regulations in relation to plumbing and drainage. Pan and long hopper 

23 closets shall not be permitted. 

1 Section 55. Any part of a floor or wall below the adjoining grade, Basements 

2 and in any case the lowest floor, shall be damp proof, and, when neces- to be damp 

3 sary, shall be concreted with a flnished surface. The cellar ceiling shall msjjia, § 54. 

4 be plastered when so required by the building inspector, except where 

5 such ceiling is already well covered with a metal ceiling or where the 
(i first floor above the cellar is constructed of iron beams and fireproof 
7 filling. 

1 Section 56. At the bottom of every shaft and court there shall be Doors in shafts 

2 a door giving sufficient access to such shaft or court to enable it to be i9i3r786.''§ 55. 

3 properly cleaned out; provided, that where there is already a window 

4 giving proper access to such shaft or court, such window shall be deemed 

5 sufficient. 

1 Section 57. All non-fireproof tenement houses which are three or Fire escapes. 

2 more stories in height and do not have fireproof stairs and stair halls or ' ' ' ^ ^ ' 

3 adequate fire escapes as required by this chapter, except those of three 

4 stories which have two independent means of egress not directly con- 

5 nected with each other, approved in writing by the building inspector, 

6 and directly accessible to each apartment, shall be provided either with 

7 incombustible outside stairways or with incombustible fire escapes 

8 directlv accessible to each apartment without passing through a public 

9 hall. 

10 All fire escapes thereafter erected shall be located and constructed as 

1 1 prescribed in section thirty-seven. 

12 No existing fire escape shall be deemed adequate unless the following 

13 conditions are complied with: 

14 (1) Each apartment above the ground floor shall have a fire escape 

15 balcony directly accessible to it. All balconies shall be capable of sus- 

16 taining a live load of seventy pounds per square foot. 

17 (2) Each balcony shall be properly connected with one other balcony 
1<S by adequate .stairs or stationary ladders with openings not less than 

19 twenty-four by thirty-six inches, unless such balconies connect adjoining 

20 houses or adjoining parts of the same house separated from each other 

21 by a fire wall in which there are no openings except such as are protected 

22 by self-closing fire doors. 

23 (3) All fire escapes shall have proper ladders from the lowest balcony 

24 of sufficient length to reach a safe landing place beneath. 

25 (4) All fire escapes not on the street shall have a safe and adequate 

26 means of egress from the yard or court to the street or to adjoining 

27 premises. 

28 (5) Prompt and ready access shall be had to all fire escapes, which 

29 shall not be obstructed in any way. 

30 No existing fire escape shall be extended or have its location changed 

31 except with the written approval of the inspector of buildings. 

1 Section 58. Whenever a tenement house is not provided with Means of 

2 sufficient fire escapes or with sufficient means of egress in case of fire, 1913T786. 557. 

3 the building inspector shall order such additional fire escapes and other 

4 means of egress as may be necessary. 



1800 TENEMENT HOUSES IN CITIES. [ChAP. 144. 



ALTERATIONS OF OLD BUILDINGS. 

Alterations. SECTION 59. No tenement house shall at any time be so altered 1 

as to be in violation of the requirements of sections ten to forty-nine, 2 
inclusive, except as hereinafter provided : 3 

(1) Any additional room or hall that is thereafter constructed or 4 
created in a tenement house shall comply in all respects with said sec- 5 
tions, except that such rooms may be of the same height as the other fi 
rooms in the same story of the house. 7 

(2) All shafts shall be constructed fireproof throughout; with fire- 8 
proof self-closing doors at all openings, at each story; and, if they extend 9 
to the cellar, shall also be enclosed in the cellar with fireproof walls and 10 
fireproof self-closing doors at all openings. In no case shall any shaft be 1 1 
constructed of materials in which any inflammable material or substance 12 
enters into any of the component parts. But nothing in this section 1.3 
shall be so construed as to require such enclosures about elevators or 14 
dumb-waiters in the well hole of stairs where the stairs themselves are 15 
enclosed in brick or stone walls, and are entirely constructed of fireproof 16 
materials as provided in this chapter. 17 

(3) No tenement house of third class construction containing more 18 
than two apartments shall thereafter be enlarged or extended; except 19 
that a wooden extension not exceeding in total area seventy square feet 20 
may be added to an existing wooden tenement house, provided that 21 
such extension is used solely for bathrooms or water closets. 22 



MAIISITENANCE AND USE. 

Lightingin SECTION 60. In every tenement house where the public halls and 1 

i913!T8™§'59. stairs are not, in the opinion of the board of health, sufficiently lighted, 2 

the owner of the house shall keep a proper light burning in the hallway, 3 

near the stairs, upon each floor, as may be necessary, from sunrise to 4 

sunset. 



5 



Lighting at SECTION 61. In every tenement house occupied by more than two 1 

ms! 786, § 60. families a proper light shall be kept burning by the owner in the public 2 

hallways, near the stairs, upon the entrance floor, and upon the second 3 

floor above the entrance floor of the house, every night from sunset to 4 

sunrise throughout the year, and upon all other floors of the said house 5 

from sunset until ten o'clock in the evening. 6 

Water closets SECTION 62. No water closet shall be permitted in the cellar of 1 

1913, 786, 5 61. any tenement house, except as provided in sections twenty-seven and 2 

thirty-two. ^ 

Water closet SECTION 63. In every existing tenement house, there shall be pro- 1 

tions. vided at least one water closet for every two apartments. 2 

1913, 7S6. § 62. 

Basements and SECTION 64. In existing tenement houses no room in the cellar shall 1 

OTcupie'd for *" thereafter be occupied for living purposes except as provided in section 2 

msfTse.Tei' twenty-seven. And no room in the basement of such houses shall be so 3 

occupied unless all the following conditions are complied with: Every 4 

such room shall be at least eight feet high in every part from the floor to 5 

the ceiling, and the ceiling in every part shall be at least four and one 6 



ClIAl'. 144.] TENEMENT HOUSES IN CITIES. 1801 

7 lialf feet above the ciirh level of the street or the level of the yard or 

8 court in front of such room. There shall be ai)purtenaiit to every such 

9 room the use of a water closet. Every such room shall have a window 

10 opening, as provided in section fifty, of at least twelve square feet in size 

11 clear of the sash frame, which shall open readily for purposes of ventila- 

12 tion. The lowest floor shall be waterproof and damp proof. Every such 

13 room shall have sufficient light and ventilation, shall be well drained and 

14 dry, and shall be fit for human habitation. 

1 Section 65. In all tenement houses the floor or other surface be- Floors around 

2 neath and around water closets and sinks shall be maintained in good "nTsiniS'''* 

3 order and repair, and if of wood shall be kept well painted with light '''"^' ^*^' * ®*' 

4 colored paint. 

1 Section 66. Every tenement house and all 'the parts thereof shall be Repairs. 

2 kept in good repair, and the roof shall be kept so as not to leak, and all ■ • 

3 rain water shall .so be drained and conveyed therefrom as to prevent 

4 dampness in the walls, ceilings, yards or areas. 

1 Section 67. Every tenement house shall have water furnished in water supply. 

2 sufficient quantity at one or more places in each apartment. The owner 

3 shall provide proper and suitable tanks, pumps or other appliances to 

4 receive and distribute an adequate and sufficient supply of water at each 

5 apartment in the said house at all times of the year during all hours of. 

6 the day and night. But a failure in the general supply of water furnished 

7 by the city authorities or from the freezing or bursting of pipes shall not 

8 be construed to be a failure on the part of such owner, provided that 

9 proper and suitable appliances to receive and distribute water have been 
10 provided in the said house. 

1 Section 68. The owner of every tenement house shall cause every Buildings to 

2 part thereof to be kept clean and free from any accumulation of dirt, a'nd ff'ee'from 

3 filth and garbage or other refu.se matter in or on the same, or in the etc"^'' matter, 

4 cellars, halls, passages, rooms, areas, yards, courts, and spaces appurte- '^'^- ''*'^' ^ ''"■ 

5 nant thereto. The owner shall thoroughly cleanse every part of a tene- 

6 ment house whenever ordered so to do by the board of health. 

1 Section 69. The walls of all courts, except those opening on a waiu of rourts 

2 street, unless built of a light colored brick or stone, shall be thoroughly e?c. "" '""°'" ' 

3 whitened by the owner, or shall be painted a light color by him, and i9'3, 7S6, § os. 

4 shall so be maintained. Such whitening or paint shall be renewed when- 

5 ever necessary as may be required by the board of health. 

1 Section 70. In all tenement houses the board of health may re- waiband 

2 quire the walls and ceilings of every room that does not open directly ro'omf to be 

3 on the street to be whitened or painted with white paint when necessary 1*913,^786', Tea. 

4 to improve the lighting of such room, and may require this to be re- 

5 newed as often as may be necessary. 

1 Section 71. No wall paper shall be placed upon the wall or ceiling waii paper. 

2 of any tenement house unless the wall or ceiling has been thoroughly ^^'^' ^^''' * 

3 cleaned. 



1802 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



Receptacles SECTION 72. The owner of every tenement house shall provide and 1 

for ashes, etc.. in • i i i • i \ e i c\ 

to be provided, maintain therefor suitable covered water tight receptacles lor ashes, 2 

rubbish, garbage, refuse and other like matter. 3 



prJwbHrf" Section 73. No swine shall be kept in a tenement house, or on the 

1913, 786, 5 72. gj^ijjg lot therewith. No horse, cow, calf, sheep, goat or fowl shall be 
kept in a tenement house or on the same lot therewith within twenty- 
five feet of the tenement house. No tenement house, or the lot upon 
which it is situated, shall be used for the storage or handling of rags, 
nor as a place of public assemblage. 



Not to be used SECTION 74. No tenement house, and no part thereof, or of the lot 1 

tor storage ot iiniiip I'r* 

combustible upou which it is situatcd, shall be used as a place of storage, keeping 2 

1913, 786', § 73. or handling of any article dangerous or detrimental to life or health, 3 

nor for the storage, keeping or handling of feed, hay, straw, e.xcelsior, 4 

cotton, paper stock, feathers, rags or other easily combustible articles. 5 

Rt'bomn'""^ Section 75. No bakery or place of business in which fat is boiled 1 

1913, 786, § 74. shall be maintained in anv tenement house. 2 



Other danger- 
ous businesses. 
1913, 786, § 75. 



Section 76. There shall be no transom, window or door opening 1 
into a hall from any part of a tenement house where paint, oil, spirituous 2 
liquors or drugs are stored for the purpose of sale or otherwise. 3 



Janitor or 
housekeeper. 
1913, 786, § 76. 



Section 77. In any tenement house in which the owner thereof does 1 

not reside, there shall be a janitor, housekeeper or other responsible 2 

person who shall have charge of the same jf the board of health shall 3 

so require. 4 



Overcrowding. 
1913, 786, § 77. 



Section 78. If a room in a tenement house is overcrowded, the 1 

board of health may order the number of persons sleeping or living in 2 

said room to be so reduced that there shall not be less than four hundred 3 

cubic feet of air to each adult, and three hundred cubic feet of air to 4 

each child under twelve occupying the room. 5 



Letting of 
lodgings 
reguKated. 
1913, 786, § 78. 



Section 79. No tenement house or part thereof, shall be used for 1 

the letting of lodgings unless the person letting the same shall first file 2 

a notice in writing of the proposed letting in the office of the board of 3 

health, nor shall any person not a member of the family be taken to 4 

live within an apartment occupied by any family without such written 5 

notice. The owner shall see that this section is at all times complied 6 

with, and a failure so to comply on the part of any tenant, after due 7 

and proper notice from the owner, shall be deemed sufficient cause for 8 

the summary eviction of such tenant and the cancellation of his lease. 9 



Board of 

health may 

order repairs, 

etc. 

1913, 786, § 79. 



Section SO. Whenever any tenement house or building, structure, 1 

excavation, business pursuit, matter or thing, in or about a tenement 2 

house, or the lot on which it is situated, or the plumbing, sewerage, 3 

drainage, light or ventilation thereof, is, in the opinion of the board 4 

of health, in a condition or in effect dangerous or detrimental to life or 5 

health, the board may declare that the same, to the extent which it may 6 

specify, is a public nuisance, and may order the same to be removed, 7 

abated, suspended, altered or otherwise improved or purified, as the 8 

order shall specify. The board may also order or cause any tenement 9 



Chap. 144.] tenement houses in cities. 1803 

10 house or part thereof, or any excavation, building, structure, sewer, 

11 plumbing, pipe, passage, premises, ground, matter or thing, in or about 

12 a tenement house, or the lot on which it is situated, to be purified, 

13 cleansed, disinfected, removed, altered, repaired or improved. If any 

14 order of the board is not romi)lied witii, within ten days after the service 

15 thereof, or within such longer or shorter time as the board may designate, 

16 then such order may be executed by said board through its officers, 

17 agents, employees or contractors. 

1 Section SI. Whenever it shall be certified by an inspector or officer infcHedand 

2 or agent of the board of health that a tenement house, or any part thereof, hSuscs to be'^ 

3 is infected with contagious disease, or that it is unfit for human habita- [gJa'T^ge § so 

4 tion, or dangerous to life or health by reason of want of repair, or of 

5 defects in the drainage, plumbing, ventilation or the construction of the 

6 same, or by reason of the existence on the premises of a nuisance likely 

7 to cause sickness among the occupants of said house, the board may 

8 issue an order requiring all persons therein to vacate such house, or part 

9 thereof, within not less than twenty-four hours nor more than ten days, 

10 for the reasons to be mentioned in said order. In case such order is not 

11 complied with within the time specified, the board may cause said tene- 

12 ment house or part thereof to be vacated. The board, whenever it is 

13 satisfied that the danger from said house or part thereof has ceased to 

14 exist, or that it is fit for human habitation, may revoke said order, or 

15 may extend the time within which to comply with the same. 

1 Section 82. The owner of every tenement house shall keep all fire Repair of 

2 escapes thereon in good order and repair, and whenever they become msTyseri si. 

3 rusty shall ha\e them properly painted with two coats of paint. No 

4 person shall at any time place any encumbrance of any kind before or 

5 upon any such fire escape. 

1 Section 83. All scuttles and bulkheads, and all stairs or ladders scutties, buik- 

2 leading thereto, shall be easily accessible to all tenants of the building, be''e'i''siiy''" '^ 

3 and kept free from encumbrance, and ready for use at all times. No afufmeifefc. 

4 scuttle or bulkhead door shall at any time be locked with a key, but i^'^' ''*^' ^ ^-■ 

5 either may be fastened on the inside by movable bolts or hooks. 

requirements and remedies. 

1 Section 84. In a city which accepts this chapter, or has accepted b°iP^n"°^ 

2 corresponding provisions of earlier laws, and in which the office of build- i9i3. 786'. § 83. 

3 ing inspector or a similar office does not exist, the mayor shall annually 

4 appoint an inspector of buildings. 

1 Section 85. Before the construction or alteration of a tenement Permit for 

2 house, or the alteration or conversion of a building for use as a tenement o?°aiteratioS. 

3 house, is begun, and before the construction or alteration of any building ^^'^' ^*''' ^ ^^• 

4 or structure on the same lot with a tenement house, the owner shall sub- 

5 mit to the building inspector a detailed statement in writing, verified by 

6 the affidavit of the person making the same, of the specifications for such 

7 tenement house or building, upon blanks or forms to be furnished by 

8 such inspector, and also full and complete copies of the plans of the work, 

9 together with a plan of the lot on which the same is or is to be situated, 
10 showing the location, character and size of all buildings thereon, and the 



1804 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



exact dimensions of said lot together with its description by metes and 11 
bounds. The said statement shall give in full the name and residence, 12 
by street and number, of the owner of the tenement house or other build- 13 
ing. If such construction, alteration or conversion is proposed to be 14 
made by any other person than the owner of the land in fee, the statement 15 
shall contain the full name and residence, by street and number, not 16 
only of the owner of the land, but of every person interested in the tene- 17 
ment house, either as owner, lessee or in any representative capacity. 18 
The affidavit shall allege that said specifications and plans are true and 19 
contain a correct description of such tenement house or other building, 20 
structure, lot and proposed work. The statements and affidavit herein 21 
provided for may be made by the owner, or by the person who proposes 22 
to make the construction, alteration or conversion, or by his agent. 23 
No person shall be recognized as the agent of the owner, unless he shall 24 
file with the building inspector a written instrument, signed by the 25 
owner, designating him as such agent. Anj' false swearing in a material 26 
point in any such affidavit shall be deemed perjury. The said specifica- 27 
tions, plans and statements shall be filed in the office of the building in- 28 
spector and shall be public records, and no such specifications, plans or 29 
statements shall be removed from the said office. The building inspector 30 
shall cause all such plans and specifications to be examined. 31 

If such plans and specifications conform to the provisions of law they 32 
shall be approved in writing by the building inspector, and he may from 33 
time to time approve changes in any plans and specifications, provided 34 
that the plans and specifications so altered are in conformity with law, 35 
but the building inspector shall not approve any plans or specifications 36 
or any changes in the same imtil the board of health has certified that 37 
the said plans and specifications conform to the law relative to light, 38 
ventilation and sanitation. The construction, alteration or conversion 39 
of such tenement house, building or structure or any part thereof, shall 40 
not be begun until the filing of the said specifications, plans and state- 41 
ments, and the approval thereof, as above provided. The construction, 42 
alteration or con\-ersion of any such house, building or structure, shall 43 
be in accordance with the said approved specifications and plans. Any 44 
permit or approval which may be issued by the building inspector but 45 
under which no work has been done above the foundation walls within 46 
one year after the issuance of the permit or approval, shall expire by 47 
limitation. Said inspector may revoke or cancel any permit or approval 48 
in case of any failure or neglect to comply with any provision of this 49 
chapter, or in case any false statement or representation was made in 50 
any specifications, plans or statements submitted or filed for such permit 51 
or approval. 52 



Building not 
to be occupied 
until after 
approval, etc. 
1913, 786, § 85. 



Section 86. No building thereafter constructed as or altered into a 1 

tenement house shall be occupied in whole or in part for human habitation 2 

until the building conforms in all respects to the requirements of law. 3 

Upon notice of the completion of the construction, alteration or conver- 4 

sion of a tenement house, the building inspector and the board of health 5 

shall inspect the building forthwith and it shall not be occupied as a place 6 

of habitation unless it conforms to the requirements of this chapter. 7 



of°^?ovi"i'ons Section 87. Any court having jurisdiction in equity, or any justice 1 

igiTvscl'Tse. thereof may upon the application of the city solicitor, building inspector 2 

or the board of health of anv citv, restrain the construction, alteration, 3 



Chap. 144.] tenement houses in cities. 1805 

4 repair, maintenance, use, or occupation of a building or other structure 

5 in violation of this chapter and order its removal or abatement as a 
G nuisance, and compel compliance with any provision of this chapter. 

1 Section 88. A building or other structure which is erected, altered, frectljdfctr 

2 maintained or used in violation of this chapter shall be deemed a com- '? ""J^''"" °' 

3 mon nuisance without other proof thereof than proof of such unlawful be deemed a 

4 construction, maintenance or use, and the board of health may, if such san"?l°e'tc°"'' 

5 violation is of any section of this chapter relative to light, ventilation or ^^'•'' ^**®' »^^- 

6 sanitation, and the building inspector may, if said violation is of any 

7 other provision of this chapter, order the owner of said premises at his 

8 own expense to abate or remove said nuisance within twenty-four hours, 

9 or within such further time as said board of health or said building in- 

10 spector, as the case may be, considers reasonable, after notice to be served 

11 in the manner provided in section ninety-five, and if the owner or occu- 

12 pant fails to comply with such order, the board may abate or remove the 

13 nuisance, and all expenses incurred thereby shall be paid by the person 

14 who caused or permitted the same. 

1 Section 89. Whoever violates any provision of this chapter shall fgfg'ygl- jgg 

2 be punished by a fine of not less than ten dollars. Any person who 

3 violates any provision of this chapter, after he has been served with 

4 a notice or order as provided by section ninety-five, or who fails to comply 

5 with such notice or order within ten days after such service, or continues 

6 to violate any provision or requirement of this chapter in the respect 

7 named in such notice or order, shall in addition be punished by a fine of 

8 not less than five nor more than twenty dollars for each day after the 

9 first day during which the violation continues. 

1 Section 90. Any person, the value of whose property may be affected i^'Jl^''"-'°° °' 

2 by any action of the board of health or of the building inspector, may "^""r'- „ 

3 have the action of said board or inspector reviewed by the superior court 

4 by any appropriate process; provided, that proceedings are instituted 

5 within twenty days after such action. 

1 Section 91. Any person having any duty to perform under this Right of 

2 chapter in regard to any building or premises ma\', if it be necessary for 1913* yge, 5 90. 

3 the performance of such duty, enter the same. 

1 Section 92. Ever\- fine imposed by judgment under section eighty- Liens. 

2 nine of this chapter or section fifty-four of chapter one hundred and ''*'^' ^*^' ' ^^' 

3 forty-five upon a tenement house owner shall be a lien upon the house 

4 in relation to which the fine is imposed from the time of the filing of a 

5 certified copy of the judgment in the office of the register of deeds for 

6 the county or district where the tenement house is situated, subject only 

7 to taxes, assessments and water rates and other existing lawful cncum- 

8 brances, and the board of health and the building inspector, upon the 

9 entry of said judgment, shall forthwith file the copy as aforesaid, and 

10 the copy, upon such filing, shall forthwith be properly indexed by the 

11 register of deeds. 

1 Section 93. In any action or proceeding instituted by the oflicer Notireof 

2 or department charged with the enforcement of this chapter, the plain- arlionTo bl 

3 tiff or petitioner may file in the office of the register of deeds for the ml', y'le, 5 92. 



1806 



TENEMENT HOUSES IN CITIES. 



[Chap. 144. 



county or district where the property affected by such action or proceed- 4 

ing is situated, a notice of the pendency of the action or proceeding. The 5 

register of deeds with whom the notice is filed shall record it, and shall 6 

index it under the name of each person against whom said proceeding is 7 

instituted. Any such notice may be vacated by the order of a justice 8 

of the court in which the action or proceeding was instituted or is pend- 9 

ing. The register of deeds of the county or district where the notice is 10 

filed is hereby directed to mark the notice and any record or docket 11 

thereof as cancelled of record, upon the presentation and filing of a cer- 12 

tified copy of such order. 13 



Owner's name, 
etc., to be 
registered. 
1913, 786, 5 93. 



Section 94. Every owner of a tenement house and every lessee of 1 
the whole house, or other person having control of a tenement house, 2 
shall file with the board of health a notice containing his name and 3 
address, and also a description of the property, by street and number or 4 
otherwise, as the case may be, in such manner as will enable the said 5 
board easily to find the same; and also the number of rooms in each 6 
apartment, and the number of families occupying the apartments. 7 

When the owner or agent is not a resident of the city the notice shall 8 
contain the name and address of some agent residing within the city 9 
for the purpose of receiving service of process, and notice to and service 10 
of process upon such agent shall bind the principal. Blanks for the 11 
said registration shall be provided by the board of health. 12 



Service of 
notices, etc. 
1913, 786, § 94. 



Section 95. Unless otherwise provided in this chapter, every notice 1 

or order in relation to a tenement house shall be served ten days before 2 

the time for doing the thing in relation to which it is issued. The service 3 

of a notice or order as aforesaid shall be made by the delivery of an at- 4 

tested copy in hand to the owner or his agent, or by leaving an attested 5 

copy at the last or usual place of abode of the owner or agent, or, if the 6 

owner is a non-resident and has no agent duly appointed, it shall be 7 

placed in a conspicuous place in said tenement house and a copy thereof 8 

mailed by a registered letter, on the same day on which it is posted, to 9 

the owner or his agent at his residence. 10 



proc'is"' Section 96. In any action brought by any city official in relation 1 

1913, 786, § 95. iq a tenement house for injunction, vacating of the premises or other 2 

abatement of nuisance, or to establish a lien thereon, service of process 3 

shall be in the manner provided in the preceding section, except that 4 

the service of process shall be made only by a sheriff or one of his depu- 5 

ties or by a constable. 6 

^^5'*!?^°*"^ Section 97. The names and addresses filed in accordance with 1 

ana addresses , , iii,ipi,i. i n 

to be indexed, scctiou niuety-four shall be indexed by the board of health in such a 2 

1913, 786, § 96. manner that all those filed in relation to each tenement house shall be 3 

together, and readily ascertainable. The board of health shall provide 4 

the necessary books and clerical assistance for that purpose, and the 5 

expense thereof shall be paid by the city. Said indexes shall be public 6 

records, open to public inspection during business hours. 7 



m'3 *786, 5 97. Section 98. Upon acceptance of this chapter by any city all ordi- 1 
nances of such city inconsistent herewith shall be annulled. 2 



Chap. 1-15.] 



TENEMENT HOUSES IN TOWNS. 



1807 



CHAPTER 145. 

TENEMENT HOUSES IN TOWNS. 



Sect. 

general provisions. 

1. Application of chapter. 

2. Definitions. 

3. Application of certain sections. 

4. Certain provisions as to tenement 

houses in cities applicable. 

5. Law not to be modified. 

6. Sewer connection and water supply. 

7. Powers of department of public health. 

8. Improvements to be made within one 

year after acceptance. 

9. Buildings converted or altered. 

NEW BUILDINGS. LIGHT AND VENTILATION. 

10. Percentage of lot occupied. 

11. Distance from side lot line. 

12. Height. 

13. Yards. 

14. Courts. 

15. Air intakes. 

16. Angles in courts. 

17. Buildings on same lot with tenement 

houses. 

18. Frontage on street. 

19. Lighting. 

20. Windows. 

21. Size of rooms. 

22. Alcoves, etc. 

23. Chimneys, etc. 

24. Privacy. 

25. Public halls. 

26. Size of windows in public halls. 

27. Size of windows in stair halls. 



28. 



29 
30 



SANITATION. 

Basements or cellars not to be used for 

living purposes. 
Courts, yards, etc., to be drained, etc. 
Water closets. 

31. Plumbing. 

32. Sewer connection. 

33. Cesspools. 

FIRE PROTECTION. 

34. Certain tenement houses to be fire- 

proof. 



Sect. 

35. Stairs and public halls. 

36. Fire walls. 

IMPROVEMENTS IN OLD BUILDINGS. 

37. Lighting and ventilating of rooms. 

38. Privy vaults, etc. 

39. Basements and cellars to be damp 

proof, etc. 

40. Fire escapes. 

ALTER.\TI0NS of old BUILDINGS. 

41. Alterations. 

MAINTENANCE AND USE. 

42. Lighting at night. 

43. Water closets not permitted in cellars. 

44. Basements and cellars, occupation for 

living purposes regulated. 

45. Cellar walls, etc., to be whitened or 

painted. 

46. Walls of courts to be whitened, etc. 

47. Wall paper. 

48. Janitor or housekeeper. 



REQUIREMENTS AND REMEDIES. 

Inspector of buildings. 

Permit for construction or alteration. 

Building not to be occupied until after 

approval, etc., when. 
Enforcement of provisions. 
Building erected, etc., in violation of 

this chapter to be deemed a common 

nuisance, etc. 
Penalties. 

Jurisdiction of the superior court. 
Right of entry. 
Liens. 
Notice of pendency of action to be 

filed, etc. 

59. Owner's name, etc.. to be registered. 

60. Service of notices, etc. 

61. Service of process. 
Certain names and addresses to be 

indexed, etc. 
Repeal. 



49. 
50. 
51. 

52. 
53. 



62 



63 



GENERAL PROVISIONS. 



1 Section 1. This chapter shall apply to all towns which accept it or AppUcationof 

2 have accepted corresponding provisions of earlier laws by vote of the 1912, 635, § 94. 

3 town at a town meeting. 



1 Section 2. The following words used in this chapter shall have the Definitions. ^ 

2 following meanings: 



1912, 635. § : 



1808 TENEMENT HOUSES IN TOWNS. [ChAP. 145. 

"Acceptance of this chapter" shall include the acceptance of corre- 3 
sponding provisions of earlier laws. 4 

"Basement", a story partly but not more than one half below the 5 
level of the adjacent ground. 6 

"Cellar", a story more than one half below the level of the adjacent 7 
ground. 8 

"Corner lot", a lot situated at the junction of two streets, each not 9 
less than twenty feet in width. Any part of the width of such lot dis- 10 
tant more than seventy feet from such junction shall not be regarded as 11 
part of a corner lot, but shall be subject to the provisions of this chapter 12 
respecting interior lots. 13 

"Court", an open unoccupied space, other than a yard, on the same 14 
lot with the tenement house. A court not extending to the street or 15 
yard is an "inner court". A court extending to the street or yard is an 16 
"outer court". 17 

"Existing", existing at the time of the acceptance of this chapter 18 
or corresponding provisions of earlier laws. 19 

"Fireproof tenement house", one constructed of fireproof material 20 
throughout, with floors built of iron, steel or re-enforced concrete beams, 21 
filled in between with terra cotta or other masonry arches or with con- 22 
Crete or re-enforced concrete slabs; wood may be used only for under 23 
and upper floors, windows and door frames, sashes, doors, interior finish, 24 
hand rails for stairs, necessary sleepers bedded in the cement, and for 25 
isolated furrings bedded in mortar. There shall be no air space between 26 
the top of any floor arches and the floor boarding. 27 

"Front" of a lot, that boundary line which borders on the street. 28 
In the case of a corner lot, the owner may elect by statement on his plans 29 
either street boundary line as the front. 30 

"Half story", any story included in the roof of which the floor area 31 
of the rooms is not more than seventy-five per cent of the area of the 32 
ground floor. 33 

"Height" of a tenement' house, the perpendicular distance measured 34 
in a straight line from the curb level, or from the finished grade line of 35 
the lot, where such grade is higher than the curb, to the highest point 36 
of the roof beams in the case of flat roofs, and to the average of the height 37 
of the gable in the case of pitched roofs, the measurements in all cases to 38 
be taken through the centre of the facade of the house. Where a building 39 
is on a corner lot and there is more than one grade or level, the measure- 40 
ments shall be taken through the centre of the facade on the street having 41 
the lowest elevation. 42 

"Interior lot", any lot other than a corner lot. 43 

"Lodging house" or "boarding house", any house or building, or part 44 
thereof, in which six or more persons are harbored, received or lodged for 45 
hire, or any building, or part thereof, which is used as a sleeping place 46 
or lodging for six or more persons not members of the family residing 47 
therein. 48 

"Nuisance" includes all public nuisances as known at common law 49 
or in equity jurisprudence; and furthermore whatever is dangerous to 50 
human life or detrimental to health, whatever building or erection, or 51 
part or cellar thereof, is overcrowded with occupants or is not provided 52 
with adequate ingress and egress to and from the same, or the apart- 53 
ments thereof, or is not sufficiently supported, ventilated, sewered, 54 
drained, cleaned or lighted, in reference to their or its intended or actual 55 
use, and whatever renders the air or human food or drink unwholesome, 56 



Chap. 145.] tenement houses in towns. 1809 

57 are also severally in contcniplatioii of this chapter, nuisances; and all 

58 such nuisances are hereby declared unlawful. 

59 "Occupied spaces". Outside stairways, fire escapes, porches, plat- 

60 forms and other projections shall he considered as part of the building 

61 and not as part of the yard or courts or unoccupied area. 

62 " Public hall ", a hall, corridor or passageway not within an apartment. 

63 "Rear" of a lot, the side opposite to the front. In the case of a 

64 triangular or gore lot the rear shall be the side not bordering on the 
6.5 street. 

66 "Stair hall", the stairs, stair landings and those parts of the public 

67 halls through which it is necessary to pass in going from the entrance 

68 floor to the roof. 

69 "Street", any right of way dedicated to public use, any public alley, 

70 railroad right of way, cemetery or public park, twenty feet or more in 

71 width. 

72 "Tenement house", any house or building, or part thereof, which is 

73 rented, leased, let or hired out to be occupied, or is occupied or is in- 

74 tended, arranged or designed to be occupied as the home or residence of 

75 more than two families (a family may consist of one or more persons) 

76 living independently of each other and having a common right in the 

77 halls, stairways, yard, cellar, sinks, water closets or privies, or any of 

78 them, and includes lodging and boarding houses, apartment houses, and 

79 flat houses. Dwelling houses built in continuous rows of more than 

80 two houses occupied or intended, arranged or designed to be occupied 

81 as the home or residence of one family or more having a common right 

82 in or using in common the halls, stairways, yards, cellars, sinks, water 

83 closets or privies, or any of them, shall be deemed to be tenement houses 

84 and shall be subject to all the provisions of this chapter. 

85 "Thereafter", after the acceptance of this chapter or corresponding 

86 provisions of earlier laws. 

87 "Wooden building", a building of which the exterior walls or a part 

88 thereof are wood. 

89 "Yard", an open unoccupied space in the same lot with a tenement 

90 house between the extreme rear line of the house and the extreme rear 

91 line of the lot. An open unoccupied space between the front line of the 

92 house and the front line of the lot is a " front yard ". A " side yard " shall 

93 be deemed an outer court on the lot line. 

94 Words used in the present tense include the future; words in the 

95 masculine gender include the feminine and neuter; the word "shall" 

96 is always mandatory, and denotes that the house shall be maintained in 

97 all respects according to the mandate as long as it continues to be a 

98 tenement house; wherever the words "by-laws", "regulations", "build- 

99 ing inspector" or "board of health" occur in this chapter they shall be 

100 construed as if followed by the words "of the town in which the tene- 

101 ment house is situated"; wherever the words "is occupied" are used 

102 in this chapter applying to any building they shall be construed as if 

103 followed by the words "or is intended, arranged or designed to be 

104 occupied". 



1 Section 3. Unless otherwise speciiicallv provided therein, sections Application of 

/-. 1 . • • 1 ■ 1 n 1 T ' i 1 ^ \ certain sections. 

2 ten to thirty-six, mclusive, shall apply only to tenement houses erected 1912, 633. 

3 after the acceptance of this chapter, and sections thirty-seven to forty- 23. 31.' 33,' 34, 

4 one, mclusive, only to tenement houses erected prior to such accept- 49, s^^'sf' *"' 

5 ance. 



1810 



TENEMENT HOUSES IN TOWNS. 



[Chap. 145. 



Certain provi- 
sions as to tene- 
ment hoiises 
in cities 
applicable. 
1912. 635, §§ 4, 
14, 29, 30, 32, 
35, 36, 41, 43, 
44, 46-48. 51, 
53, 58, 61-64, 
66, 68-72, 74- 
78. 



Section 4. The pro\isions of sections nine, fourteen, twenty-eigiit, 
twenty-nine, thirty-one, thirty-four, thirty-five, forty-five, forty-eight, 
forty-nine, fifty-one to fifty-three, inclusive, fifty-six, fift>-eight, sixty- 
three, sixty-five to sixty-eight, inclusive, except the provision in section 
sixty-seven as to the freezing or bursting of pipes, seventy, seventy-two 
to seventy-six, inclusive, seventy-eight and eighty to eighty-three, in- 
clusive, of chapter one hundred and forty-four shall apply to tenement 
houses in towns, but unless otherwise specifically provided therein the 
provisions of the first ten of said sections shall apply only to tenement _ 
houses erected after acceptance of this chapter and the provisions of said 10 
sections fifty-one, fifty-two, fifty-three, fifty-eight and sLxty-three only 11 
to tenement houses erected prior to such acceptance. 12 



Law not to 
be modified. 
1912, 635, 5 5. 



Sewer connec- 
tion and water 
supply. 
1912, 635, § 6. 
1914,792. § 1. 
1919, 350. § 96 



Section 5. The provisions of this chapter shall be held to be the 
minimum requirements adopted for the protection of the health and 
safety of the community. Nothing in this chapter shaJl be construed as 
prohibiting any town from enacting from time to time by-laws imposing 
further restrictions, but no regulation or ruling of any town- authority 
shall repeal, amend or dispense with any provision of this chapter. 

Section 6. The provisions of this chapter with reference to sewer 
connection and water supply shall be deemed to apply only where con- 
nection with a public sewer and with public water mains is or becomes 
practicable. The questions of the practicability of such sewer and water 
connections shall be decided by the local board of health, or by the 
department of public health upon request of the local board. 



Powers of 
department of 
public health. 
1912. 635. § 7. 
1914. 792. § 1. 
1919. 350. § 96. 



Section 7. The department of public health may examine into the 1 

enforcement of the laws relating to tenement houses in any town. When- 2 

ever required by the governor, it shall make such an examination and 3 

shall report the result thereof to the governor within the time prescribed 4 

bv him therefor. 5 



Section 8. In tenement houses erected prior to the acceptance of 1 
this chapter by a town all improvements specifically required thereby 2 



Improvements 
to be made 
within one 

acceptance. shall bc made within one year thereafter, or at such earlier time as may 3 
be fixed bv the board of health. 4 



ven'ed°OT '^°"' Section 9. A building not a tenement house, if converted or altered 1 

igiTeso 3 *° ^""^'^ "^^ ^^^^^ *^^ acceptance of this chapter, shall thereupon become 2 

subject to all the provisions thereof affecting tenement houses erected 3 

thereafter. 4 



Percentage of 
lot occupied. 
1912, 635, § 9. 



NEW BUILDINGS. LIGHT AND VENTIL.\TION. 

Section 10. No tenement house shall occupy either alone or with 
other buildings more than sixty-five per cent of a corner lot, nor more 
than fifty per cent of any other lot; the measurements shall be taken 
at the ground level. No measurements of lot area shall include any part 
of any street or alley. 



^de^btfine""" Section 11. No uon-fireproof tenement house shall be erected, 1 

1912. 635, 5 10. enlarged, or placed with the side walls nearer than ten feet to the line of 2 

any adjoining lot, or with any wall nearer than twenty feet to the wall 3 



ChaI'. 1-15.] TENEMENT HOUSES IN TOWNS. 1811 

4 of any other building. No lot upon which stands a tenement house 

5 erected before or after the acceptance of this chapter shall be changed 
fi in size to bring the side walls of said house nearer than ten feet to the 

7 lines of any adjoining lot or any wall of said house nearer than twenty 

8 feet to the wall of any other building. 

1 Section 12. No tenement house shall exceed in height the width of {97?''^35 = j, 

2 the widest street upon which it stands, unless such house be set back 
.3 from the street a distance at least ecjual to the excess of such height over 

4 the width of such street, nor shall it in any case exceed four stories in 

5 height. 

1 Section 13. Behind everv tenement house there shall be a vard T.fJ.^-.o- , ,, 

.' . * lyij, Olio, 3 12. 

2 extending across the entire width of the lot and at every point open from 

3 the ground to the sky unobstructed. Every part of the yard shall be 

4 directly accessible from every other part thereof. The depth of the yard 

5 shall be measured from the extreme rear of the house to the rear line of 

6 the lot. If the tenement house is three stories or less in height the depth 

7 of the yard, in the case of interior lots, shall be at least twenty-five feet, 

8 and the depth of the yard in the rear of corner lots shall be at least fifteen 

9 feet. If the tenement house exceeds three stories in height, the depths 

10 above prescribed in each case shall be increased five feet for each story 

11 above three. 

1 Section 14. The sizes of all courts shall be proportionate to the Courta. 

2 height of the building. No court shall be less in any part than the 

3 minimum sizes prescribed in this section. The minimum width of a 

4 court for a two story building shall be ten feet, and the width shall 

5 increase two feet for each additional story. The length of an inner court 

6 shall never be less than twice the minimum width prescribed by this 

7 section. The length of an outer court shall never be greater than twice 

8 its minimum width, but this limitation of length shall not apply to an 

9 outer court on the lot line extending from yard or street to yard. 

1 Section 15. Every inner court shall be provided with two or more Air intakes. 

2 horizontal air intakes at the bottom. One such intake shall always com- 

3 municate directly with the street, and one with the yard, and each shall 

4 consist of a fireproof passageway not less than three feet wide and seven 

5 feet high which shall be left open, or be provided with an openwork gate 

6 at each end, and the gate shall not be covered in any way either by glass 

7 or any other material. 

1 Section 16. Nothing in the foregoing sections concerning courts Angles in 

2 shall be construed as preventing windows at the angles of said courts; 1912,635, § 16. 

3 provided, that the running length of the wall containing such windows 

4 does not exceed six feet. 

1 Section 17. If any building is thereafter placed on the same lot with Buildings on 

2 a tenement house, whenever erected, or a tenement house erected upon t^wment" 

3 any lot upon which there is already another building, it shall comply 191^^635, 5 17. 

4 with the provisions of this chapter and section eighteen of chapter one 

5 hundred and forty-four, except that no rear building shall diminish the 

6 minimum size of courts or yards as hereinbefore prescribed. 



1812 



TENEMENT HOUSES IN TOWNS. 



[Chap. 145. 



Mrret"^*' °° Section 18. Every tenement house shall have an unobstructed front- 1 

1912, 635, § 18. agg upon a street not less than twenty feet wide. No tenement house 2 

and no other building shall thereafter be erected, enlarged or placed on 3 

the same lot with a tenement house in such manner that any tenement 4 

house shall be left without an unobstructed frontage upon a street not 5 

less than twenty feet wide. 6 



Lighting. 
1912, 635, 5 19. 



Section 19. Every room, including water closet compartments and 
bathrooms, shall have at least one window opening directly upon the 
street or upon a yard or court of the dimensions specified in sections 
thirteen and fourteen, and the window shall be so located as properly 
to light all parts of the room. 



Windows. 
1912, 635, § 20. 



Section 20. The total window area in each room, including water 1 

closet compartments and bathrooms, shall be at least one seventh of the 2 

superficial area of the room, and the top of at least one window shall .3 

be not more than eight inches below the ceiling, and the upper half of 4 

it shall be made so as to open the full width. At least one such window .5 

in rooms other than bathrooms or water closets shall be not less than 6 

twelve square feet in area between the stop beads; and in water closet 7 

compartments and bathrooms at least one such window shall be not less 8 

than six square feet in area between the stop beads. 9 



size of roomB. 
1912, 635, § 21. 



Section 21. There shall be in each apartment at least one room 
containing not less than one hundred and fifty square feet of floor area. 
All rooms shall be in every part not less than nine feet from the finished 
floor to the finished ceiling, except that an attic room need be nine feet 
high in but one half of its area. 



Alcoves, etc. 
1912, 635, § 22. 



Section 22. An alcove in any room shall be lighted and ventilated 1 

separately, as provided for rooms in the foregoing sections, and shall 2 

not be less than one hundred square feet in area. No part of any room 3 

shall be enclosed or subdivided at any time, wholly or in part, by a cur- 4 

tain, portiere, fixed or movable partition or other contrivance or device, 5 

unless the part of the room so enclosed or subdivided shall contain a sepa- 6 

rate window as herein required and shall have a floor area of not less than 7 

one hundred square feet. 8 



i9i2!°6¥5,' §'23' Section 23. There shall be adequate chimneys running through 
every floor with an open fireplace or grate or place for a stove, for every 
apartment, properly connected with one of the chimneys. 



Privacy. 
1912, 635, § 24 



Section 24. In each apartment access to every living room and bed- 
room, and to at least one water closet compartment shall be had without 
passing through a bedroom or bathroom. 



Public halls. 
1912, 635, § 25. 



Section 25. Every public hall shall have at each story at least one 
window opening directly upon the street or upon a yard or court of the 
dimensions specified in sections thirteen and fourteen. Such window 
shall be at the end of said hall with the plane of the window at right 
angles to the hall's axis. Any part of a public hall which is in any way 
shut off from any other part of the hall shall be deemed a separate hall 
within the meaning of this section. 



ChaI'. 145.] TENEMENT HOUSES IN TOWNS. 1813 

1 Section 26. One at least of the windows provided to light each size of win- 

2 public hall or part thereof shall be at least two feet six inches wide and pSbfi"haiis. 

3 five feet high, measured between stop beads, and the top of the window '^'^' *''^' ' ^^' 

4 shall be not more than eight inches below the ceiling. There shall be 

5 in the roof, directly over each stair well, a ridge ventilator having a 

6 minimum opening of forty scjuare inches and with movable louvres. 

1 Section 27. There shall be provided for each story at least one size of win- 

2 window to light and ventilate each stair hall which siiall be at least hails. """""^ 

3 two feet six inches wide and five feet high measured between the stop ''■*'"' ""^^ ^ ^^ 

4 beads. A sash door shall be deemed the equivalent of the window 

5 specified in this section and the two foregoing sections, provided that 

6 each door contains the amount of glazed surface prescribed for such 

7 windows. 

S.AJNITATION. 

1 Section 28. No room in the basement or cellar shall be constructed, Basements or 

, . . • 1 p 1 • • cellars not to be 

2 altered, converted or occupied tor hvmg purposes. used for living 

1912. 635. § 28. P"'P°»'^- 

1 Section 29. All courts, areas and yards shall be properly graded Courts, yards, 

2 and drained; and when necessary in order to keep such. premises in a drained, etr. 

3 sanitary condition such courts, areas or yards, or such part thereof as 

4 the board of health shall order, shall be properly concreted. 

1 Section 30. In every tenement house there shall be within each water dosets. 

2 apartment a separate water closet, located in a bathroom or in a sepa- ^''"' ^^^' ^ ^^' 

3 rate compartment. Each such water closet shall be completely sepa- 

4 rated from every other water closet. Said compartment shall be not 

5 less than three feet wide, and shall be enclosed with plastered partitions 

6 which shall extend to the ceiling. Every such compartment shall have 

7 a window opening directly upon the street or upon a yard or court of 

8 the minimum size prescribed by this chapter. Every water closet com- 

9 partment thereafter placed in any tenement house whenever erected 

10 shall be provided with proper means of lighting the same at night, and 

11 floors beneath the water closet shall be waterproofed as provided in sec- 

12 tion thirty-two of chapter one hundred and forty-four. No drip trays 

13 shall be permitted. No water closet fixtures shall be enclosed with any 

14 woodwork. No water closet shall be placed in the cellar 

1 Section 31. No plumbing fixtures shall be enclosed with woodwork. Plumbing. 

2 All plumbing pipes shall be exposed except as otherwise permitted by '®^^' ®^''' ^ ^^ 

3 the board of health. Wherever plumbing or other pipes pass through 

4 floors or partitions the openings around such pipes shall be sealed or 

5 made air tight with plaster or other incombustible materials, so as to 

6 prevent the passage of air or the spread of fire from one floor to another 

7 or from room to room. All plumbing work shall be sanitary in every 

8 particular and, except as otherwise specified in this chapter, shall be 

9 in accordance with the local plumbing regulations. Pan and long hopper 
10 closets shall not be used. 

1 Section 32. Every tenement house on a street in which there is a sewcr con- 

2 public sewer, or in which a public sewer shall hereafter be placed, shall i9i2.°635, § 37. 

3 be connected therewith. 



1814 



TENEMENT HOUSES IN TOWNS. 



[Chap. 145. 



mlf 635i § 38. Section 33. No cesspool shall be permitted in the cellar or court 1 
of any tenement house, nor within fifteen feet of any wall of said tene- 2 
ment house, or of any dwelling house. 3 



FIRE PROTECTION. 



Certain tene- 
ment houses to 



Section 34. No tenement house shall be erected exceeding two and 1 

^L^^?oi°h on one half stories in height, nor shall it be occupied, nor intended, ar- 2 

1912, boo, s JJ- , i-ii '11 1 c'l* 1 o 

ranged or designed to be occupied, by more than two lamilies, unless 3 

it be a fireproof tenement house. 4 

pubhc h"ans Section 35. There shall be at least two independent flights of stairs 1 

1912, 635, § 40. .^yj^]^ separate entrances leading from the entrance floor to the top story, 2 

said flights of stairs being at two points as far apart as is possible in 3 

the opinion of the building inspector. Said stairs shall be directly ac- 4 

cessible from each apartment, without passing through any other apart- 5 

ment. One of said flights of stairs may consist of outside, open stairs 6 

and balconies. All stairs and balconies and all public halls shall be at 7 

least three feet wide in the clear. All stairs shall be constructed with a 8 

rise of not more than seven and one half inches and with treads not 9 

less than ten and one half inches wide, and not less than three feet long 10 

in the clear. Winders shall not be permitted in any staircase. 11 

i9i2,"635,' § 42. Section 36. The provisions of section forty-seven of chapter one 1 

hundred and fort>-four shall apply to tenement houses in towns except 2 

that the fire walls therein specified need extend only to the underside of 8 

the sheathing of the roof. 4 

improvements in old buildings. 

vint'i'latfng"'* Section 37. The provisions of section fifty of chapter one hundred 1 

?L''^°'?I'; . ,- and forty-four except as to area of the window provided therein shall 2 

1912,635, 5 4.^. 1 1 • 

apply to tenement houses in towns. 3 



Privy vaults, 
1912, 635, 5 49. 



Section 38. Where a connection with a sewer is possible, all school 1 

sinks, privy vaults or other similar receptacles used to receive fecal 2 

matter, urine or sewage, shall within one year thereafter be completely 3 

removed, and the place where they were located properly disinfected 4 

under the direction of the board of health. Such appliances shall be 5 

replaced by indi\idual water closets of durable non-absorbent material, 6 

properly sewer connected, with individual traps and properly connected 7 

flush tanks providing an ample flush of water thoroughly to cleanse the 8 

bowl. Each water closet shall be located inside the tenement house in a 9 

compartment completely separated from every other water closet, and 10 

such compartment shall contain a window of not less than three square 11 

feet in area opening directly upon the street or yard, or on a court of the 12 

niinlnium size prescribed in section fourteen. The floors of the water 13 

closet compartments shall be waterproof as provided in section thirty. 14 

There shall be provided at least one water closet for e\-ery two families 15 

in every existing tenement house. Such water closets and all plumbing 16 

in connection therewith shall be sanitary in every respect, and except as 17 

otherwise provided in this section shall be in accordance with the laws, IS 

town by-laws and regulations in relation to plumbing and drainage. Pan 19 

and long hopper closets shall not be used. 20 



Chap. 14.').] tenement houses in towns. 1815 

1 Section 39. The floor of the cellar or lowest floor shall be free from Basomentaanci 

2 dampness, and, when necessary, shall be concreted with four inches of damp proo^ 

3 concrete of good quality and with a finished surface. The cellar ceiling of i9''i2, 635, 5 so. 

4 every tenement house shall be plastered, when so required by the build- 

5 ing inspector, except where the ceiling is already well sheathed with 

matched boards or well covered with a metal ceiling, or where the first 
7 floor above the cellar is constructed of iron beams and fireproof filling. 

1 Section 40. All non-fireproof tenement houses, which are three or Fire escapes. 

2 more stories in height, and do not have fireproof stairs and stair halls ' ' ®^''' 

3 or adequate fire escapes, as required by this chapter, shall be provided 

4 either with fireproof outside stairways or with fireproof fire escapes 

5 directly accessible from each apartment without passing through a public 

6 hall. 

7 No existing fire escape shall be deemed adequate unless the following 

8 conditions are complied with: 

9 (1) In every tenement house each apartment above the ground floor 

10 shall have a fire escape balcony directly accessible from it. 

11 (2) All balconies shall be properly connected with each other by ade- 

12 quate stairs or stationary ladders with openings not less than twenty- 

13 four by thirty-six inches. 

14 (3) All fire escapes shall have proper ladders from the lowest balcony 

15 of sufficient length to reach a safe landing place beneath. 

16 (4) All fire escapes not on the street shall have a safe and adequate 

17 means of egress from the yard or court to the street or to adjoining 

18 premises. 

19 (.5) Prompt and ready access shall be had to all fire escapes, which 

20 shall not be obstructed in any way. 

21 No existing fire escape shall be extended or have its location changed 

22 except with the wTitten approval of the inspector of buildings. 

23 All fixe escapes thereafter placed on tenement houses shall be located 

24 and constructed as follows: All such fire escapes shall open directly 

25 from at least one room or pri\'ate hall in each apartment at each story 

26 above the ground floor, other than a bathroom or water closet compart- 

27 ment, and such room or private hall shall be accessible to every room 

28 thereof without passing through a public hall. Access to fire escapes 

29 shall not be obstructed in any way. Fire escapes shall not be placed in 

30 any court. Fire escapes may project into a public street, but not more 

31 than four feet beyond the building line. All fire escapes shall consist of 

32 outside fireproof balconies and stairways. All balconies shall be not less 

33 than three feet in width, and shall include at least one window or outside 

34 door of each apartment at each story above the ground floor. 

35 All fire escape stairways shall be placed at an angle of not more than 

36 forty-five degrees, with flat open steps, not less than nine inches in width 

37 and twenty-four inches in length, and with a rise of not more than nine 

38 inches. The openings for stairways in all balconies shall be not less than 

39 twenty-four by thirty-six inches, and shall have no covers of any kind. 

40 When tenement houses upon which fire escapes are placed have flat 

41 roofs the balcony on the top floor, except in the case of a balcony on 

42 the street, shall be provided with stairs or with a gooseneck ladder 

43 leading from the balcony to and above the roof and properly fastened 

44 thereto. A drop ladder or stairs shall be provided from the lowest bal- 

45 cony of sufficient length to reach to a safe landing place beneath. All 

46 fire escapes shall be constructed and erected to sustain safelv in all their 



1816 



TENEMENT HOUSES IN TOWNS. 



[Chap. 145. 



parts any reasonable load. In addition to the foregoing requirements, 47 
all fire escapes thereafter erected upon tenement houses shall be con- 48 
structed in accordance with such supplementary regulations as may be 49 
adopted by the building department. 50 



Alterations. 

1912. 635, § 54, 

1913. 614, § 1. 



ALTERATIONS OF OLD BUILDINGS. 

Section 41. No tenement house shall at any time be altered so as 
to be in violation of the requirements of section four, which relate to 
new buildings, and sections ten to thirty-six, inclusive, but the provisions 
of subdivisions one to three, inclusive, of section fifty-nine of chapter 
one hundred and forty-four shall apply to tenement houses in towns. 
Said subdivision three shall apply to wooden tenement houses of more 
than two apartments. 



Lighting at 
night. 

1912. 635, 
§§ 55, 56. 

1913, 441, § 1. 



MAINTENANCE AND USE. 

Section 42. The provisions of sections sixty and sixty-one of chapter 
one hundred and forty-four shall apply to the lighting of public halls and 
stairs in tenement houses except three-apartment houses, so called, which 
are provided with push buttons with a three-point switch for turning 
on or off the electric lights in the halls of the said apartments when it is 
necessary to use the stairway therein. 



Water closets Section 43. No watcr closct shall be permitted in the cellar of any 1 

not permitted * o 

in cellars. tenement house. 

1912, 635, § 57. 



Basements and SECTION 44. The provisious of scction sixty-four of chapter one hun- 1 

tfonforli^^n'^g'' drcd and forty-four shall apply to tenement houses in towns except in 2 

i^e'^urated. SO far as they refer to section twenty-seven of chapter one hundred and '^ 
1912, 635. § 59, fQp^y.fQyp^ and provide for height of ceiling above specified exterior levels. 



3 



^tc^ToTe"*' Section 45. The cellar walls and ceilings of every tenement house 1 

whitened or ghall be thoroughly whitened or painted a light color Ijy the owner, and 2 

1912, "635, § 60. shall be so maintained. The whitening or paint shall be renewed when- 3 

ever necessary, as may be required bj- the board of health. 4 



Walls of courts 
to be whitened, 

1912, 635, § 65. 



Section 46. The walls of all courts, unless built of a light colored 
brick or stone, shall be thoroughly whitened by the owner, or shall be 
painted a light color by him, and shall be so maintained. The whiten- 
ing or paint shall be renewed whenever necessary, as may be required by 
the board of health. 



Wall paper. SECTION 47. No Wall paper shall be placed upon a wall or ceiling of 1 

1912, 635, 6 . ^^^ tenement house unless all wall paper shall be first removed there- 2 

from and the wall and ceiling thoroughly cleaned. 3 



JanitOT^or^^ SECTION 48. In any tenement house in which the owner thereof 1 

i9i2r635^"V3. does not reside, there shall be a janitor, housekeeper or other responsible 2 

person who shall reside in said house and have charge of the same, if the 3 

board of health shall so require. 4 



Chap. 145.] tenement houses in towns. 1817 



REQUIREMENTS AND REMEDIES. 

1 Section 49. In a town which accepts this chapter or has accented Jnspf.'-'o'- of 

„ ,. . . I- 1- 1 .1 1 , ,, ' ,. bmldinRs. 

2 corresponding provisions or earner laws the selectmen shall annually i9i2. ess. 5 79. 

3 appoint an inspector of buildings. 

1 Section 50. The provisions of section eighty-five of chapter one Permit for 

2 hundred and forty-four shall apply to tenement houses in towns, except OTalteratio" 

3 that the specifications, plans and statements required therein shall be '^'^' ^^^- ^ *"■ 

4 filed in the office of the town clerk. But information submitted to the 

5 building inspector under said section shall also be submitted to the board 

6 of health upon blanks or forms furnished by it; and it shall cause all 

7 plans and specifications so submitted to be examined. 

1 Section 51. No building thereafter constructed as or altered into a Building not to 

2 tenement house shall be occupied in whole or in part for human habita- unura'it''erlp- 

3 tion until the issuance of a certificate by the building inspector that the whe'n''.'' "'"' 

4 building conforms in all respects to the requirements of law, and the '^'2, 635, § si. 

5 building inspector shall not issue said certificate until the board of health 

6 certifies to him that the building conforms to all requirements of law rela- 

7 tive to the light, ventilation and sanitation of tenement houses. Upon 

8 notice of the completion of the construction, alteration or conversion of a 

9 tenement house, the building inspector and the board of health shall in- 

10 spect the building forthwith, and the building inspector shall issue a cer- 

11 tificate of compliance within five days after written application therefor, 

12 if the building at the date of such application is found to conform to the 

13 requirements of this chapter. 

1 Section 52. Any court having jurisdiction in equity, or any justice Enforcement of 

2 thereof may upon the application of any town by its attorney restrain the i9i2r635r§ 82. 

3 construction, alteration, repair, maintenance, use or occupation of a 

4 building or structure in violation of this chapter and order its removal 

5 or abatement as a nuisance, and compel compliance with any provision 

6 of this chapter. 

1 Section 53. A building or structure which is erected, altered, main- Building 

2 tained or used in violation of this chapter shall be deemed a common fn\^oiation of 

3 nuisance without other proof thereof than proof of such unlawful con- Le'deemed a'° 

4 struction, maintenance or use and the building inspector may, and if eommonnui- 

5 said violation is of any section of this chapter relative to light, ventila- laia.'ess, jss. 

6 tion or sanitation of said building shall, if required in writing by the board 

7 of health, order the owner of said premises at his own expense to abate 

8 or remove said nuisances within twenty-four hours, or within such further 

9 time as said board considers reasonable after notice to be served in the 

10 manner provided in section sixty, and if the owner or occupant fails to 

11 comply with such order, the board may abate or remove tlie nuisance 

12 and all expenses incurred thereby shall be paid by the person who caused 

13 or permitted the same. 



1 Section 54. Whoever violates any provision of this chapter shall f97,''"g'|-5 54 

2 be punished by a fine of not less than ten dollars. Any person who 

3 violates any provision of this chapter, having been served with a notice 

4 or order as provided by section sixty, or who fails to comply with such 



1818 



TENEMENT HOUSES IN TOWNS. 



[Chap. 145. 



notice or order within ten days after such service, or continues to violate 5 

any provision or requirement of this chapter in the respect named in 6 

said notice or order, shall in addition be punished by a fine of not less 7 

than five nor more than twenty dollars for each day after the first during 8 

which the violation continues. 9 



Jurisdiction of 

the superior 

court. 

1912, 635, § 85. 



Section 55. Any person, the value of whose property may be 
affected by any action of the board of health or the building inspector, 
may have the action of said board of health or said building inspector 
reviewed by the superior court by any appropriate process, provided pro- 
ceedings are instituted within ten days after such action. 



Right of entry. 
1912, 635, § 86. 



Section 56. Any person having any duty to perform in regard to 1 
any building or premises under this chapter may, if necessary for the 2 
performance of such duties, enter the same. 3 



Liens. 

1912, 635, § 87. 



Section 57. The provisions of section ninety-two of chapter one 1 
hmidred and forty-four shall apply to fines imposed by judgment under 2 
section fifty-four of this chapter. 3 



Notice of pend- 
ency of action 
to be filed, etc. 
1912, 635, § 88. 



Section 58. In any action or proceeding instituted by the depart- 1 

ments charged with the enforcement of this chapter, the procedure pro- 2 

\ided by section ninety-three of chapter one hundred and forty-four shall 3 

apply. 4 



Owner's name, 
etc., to be regis- 
tered. 
1912, 635, § 89. 



Section 59. The owner of a tenement house and every lessee of the 1 

whole house or of two or more tenements therein, or the agent of the 2 

owner or other person having control of a tenement house, shall annually 3 

during the month of April file in the office of the town clerk a notice con- 4 

taining his name and address, and also a description of the property, 5 

by street number or otherwise, as the case may be, in such manner as 6 

will enable the board of health and building inspector easily to find the 7 

same; and also the number of apartments in each house, the number of 8 

rooms in each apartment, and the number of families occupying the 9 

apartments. The notice shall contain the name and address of some 10 

agent for the house, for the purpose of receiving service of process, and 1 1 

notice to and service of process upon such agent shall bind the principal. 12 



Service of 
notices, etc. 
1912, 635, § 90. 



Section 60. Unless otherwise provided in this chapter, every notice 1 

or order in relation to a tenement house shall be served ten days before 2 

the time for doing the thing in relation to which it is issued. The service 3 

of notices or orders as aforesaid shall be made by the delivery of an 4 

attested copy in hand to the owner or his agent, duly registered as pro- 5 

vided in section fifty-nine, or by leaving an attested copy at the last or 6 

usual place of abode of the owner or agent, or, if the owner is a non-resi- 7 

dent and has no agent duly appointed, as provided in said section fifty- 8 

nine, it shall be posted in a conspicuous place in said tenement house and 9 

a copy thereof mailed by a registered letter on the same day on which it 10 

is posted, to the owner or his agent at the residence designated in the 11 

notice provided by said section. 12 



Service of 

process. 

1912, 635, § 91. 



Section 61. In any action brought by any town official in relation 1 
to a tenement house for injunction, vacating of the premises or other 2 
abatement of nuisance, or to establish a lien thereon, service of process 3 



Chaps. 145, Uli.] 



1819 



4 shall be in the inaiiner provided in the preceding section, except that the 

5 service of process shall be made only by a sheriff or one of his deputies 

6 or by a constable. 

1 Section 62. The names and addresses filed in accordance with Certain names 

2 section fifty -nine shall be indexed by the town clerk in such a manner t<?beSS>T 
.'5 that all of those filed in relation to eacii tenement house shall be together ig';,, 635, § 92. 

4 and readily ascertainable. The town clerk shall provide the necessary 

5 books and clerical assistance for that purpose, and the expense thereof 

6 shall be paid by the town. Said indexes shall be public records, open to 

7 public inspection during business hours. 

1 Section 6.3. Upon acceptance of this chapter by any town all by- Repeal. 

2 laws and regulations of such town inconsistent therewith shall be annulled. ' " 



CHAPTER 146. 



INSPECTION OF BOILERS, AIR TANKS, ETC. LICENSES OF ENGI- 
NEERS, FIREMEN, AND OPERATORS OF HOISTING MACHINERY. 



Sect. 

1. Definitions. 

DUTIES OF BOARD OF BOILER RULES. 

2. Rules affecting boilers. 

3. Hearings. 

4. Changes in rules. 

INSPECTION OF BOILERS. 

5. Duties of inspectors of the division. 

6. Annual inspection. 

7. Certain boilers excepted. 

8. Boilers not to be operated without in- 

spection. 

9. Boiler not to be operated in excess of 

prescribed pressure. 

10. Report of uninsured boiler. 

11. Duties of inspector. 

12. Tampering with safety appliance. 

13. Inspection by insurance companies or 

inspectors of the division. 

14. Insurance companies must have 

licensed inspectors. 

15. .\cting as inspector without a license 

prohibited. 

16. Company may lose authority to in- 

sure for issuing improper certificate 
of inspection. 

17. Reports of inspectors of the diWsion. 
l>>. Reports by insurance companies. 

19. Insurance companies must report can- 

celled risks. 

20. Safety appliances. 

21. Preparation of boiler for inspection. 

22. Fees for inspection by the di\-ision. 

23. Certificate of inspection by the division. 



Sect. 

24. Inspected boiler to be stamped or 

tagged. 

25. Certificate of inspection by insurance 

company. 

26. First inspection. 

27. Contents of certificate. 

28. (Repealed.) 

29. Notice of defect in boiler. 

30. Uninsured boiler not to be operated. 

31. Hydrostatic pressure test. 

32. Hindering inspector forbidden. 

33. Penalty. 

COMPRESSED AIR T.VNKS. 

34. Air tanks. 

35. Rules for tanks. 

36. Inspection. 

37. Notice. 

38. Reports of inspection. 

39. Tests for inspection. 

40. Fees. 

41. Penalty. 

AMMONH COMPRESSORS. 

42. Ammonia compressors. 

43. Rules. 

44. Rules to have force of law. 

45. Changes in rules. 

LICENSES OF ENGINEERS AND FIREMEN. 

46. Licenses for operating boilers or en- 

gines. 

47. Violation of preceding section. 

48. Determination of power. 



1820 



INSPECTION OF BOILERS, ETC. 



[Chap. 146. 



Sect. 

49. Classes of licenses. 

50. Qualifications of licensees. 

51. Posting of license. Daily record. 

52. Licenses in force on May 17, 1915. 



LICENSES FOR OPERATING HOISTING MA- 
CHINERY NOT RUN BY STEAM. 

53. Hoisting machinery. 

54. License to be carried on the person. 

55. Penalty. 

EXAMINATIONS OF APPLICANTS FOR LI- 
CENSES, ETC. 

56. Inspectors of the division to act as ex- 

aminers. 

57. Applications for licenses. 

58. Applicants may have a person present. 

59. Revocation of licenses. 



Sect. 

ex.amin.4ti0n of inspectors of boilers. 

60. Application for license. 

61. Board of examiners. 

62. Certificate of competency. 

63. Appeal. 

EXAMINATION OF ENGINEERS, FIREMEN OR 
OPERATORS OP HOISTING MACHINERY. 

64. Application for license as engineer or 

fireman. Examination. 

65. Application for license to operate hoist- 

ing machinery. 

66. Appeal. 

67. License in force until revoked or sus- 

pended. 

GENERAL PROVISIONS. 

68. Trial justices. 

69. Appropriation for apparatus. 



Definitions. 



Section 1. The following words as used in this chapter, unless a con- 1 

trary meaning is specifically prescribed or the context otherwise requires, 2 

shall have the following meanings: 3 

"Board", the board of boiler rules appointed under section ten of 4 

chapter twenty-two. 5 

"Chief", the chief of inspections of the department of public safety. 6 

"Commissioner", the commissioner of public safety. 7 

"Department", the department of public safety. S 

"Division", the division of inspection of the department of public 9 

safety. 10 

"Inspector", a boiler inspector of the division of inspection of the 11 

department of public safety, or an inspector of an insurance company 12 

authorized to insure steam boilers in the commonwealth. 13 



Rules affect- 
ing boilers. 
1907. 465. 
S§ 25-27. 
1909, 39.3, § : 

1918, 257, 
5 344. 

1919, 5. 

1920, 2. 



Hearings. 
1909, 393, I 2. 



DUTIES OF BOARD OF BOILER RULES. 

Section 2. The board shall formulate rules for the construction, 1 

installation and inspection of steam boilers, and for ascertaining the safe 2 

working pressure to be carried therein ; prescribe tests, if it deems it neces- 3 

sary, to ascertain the qualities of materials used in the construction of 4 

boilers; formulate rules regulating the construction and sizes of safety 5 

vaK'es for boilers of different sizes and pressures, the construction, use (i 

and location of fusible safety plugs, appliances for indicating the pressure 7 

of steam and the level of water in the boiler, and such other appliances as 8 

the board may deem necessary to safety in operating steam boilers; and 9 

make a standard form of certificate of inspection. The attorney general 10 

shall assist the board in framing the rules. Such rules shall be submitted 1 1 

to the governor and council for their approval, and when approved shall 12 

have the force of law, and shall be printed and furnished by the com- 13 

missioner to those requesting them. 14 

Section 3. The board shall hold public hearings annually on the 1 

first Thursday in May and November, and at such other times as it may 2 

determine, on petitions for changes in the rules formulated by it. If, 3 

after any such hearing, it shall deem it advisable to make changes in said 4 

rules, it shall appoint a day for a further hearing, and shall give notice 5 



Chap. 1-46.] inspection of boilers. 1821 

6 thereof and of the changes proposed by advertising in at least one news- 

7 paper in each of the cities of Boston, Worcester, Springfield, Fail River, 

8 Lowell and Lynn, at least ten days before said hearing. If the board on 

9 its own initiative contemplates changes in said rules, like notice and a 
10 hearing shall be given and held before the adoption thereof. 

1 Section 4. Changes in the rules which affect the construction of fhanges 

~ in rviles. 

2 new boilers shall take effect six months after the approval of the same isos- 393, § 2. 

3 by the governor and council ; provided, that the board may, upon request, 

4 permit the application of such change in rules to boilers manufactured 

5 or installed during said six months. When a person desires to manufac- 

6 ture a special type of boiler the design of which is not covered by the 

7 rules formulated by the board, he shall submit drawings and specifica- 

8 tions of such boiler to said board, which, if it approves, shall permit the 

9 construction thereof. 

mSPECTXON OF BOILERS. 

1 Section 5. The division shall enforce this chapter and the rules of Putipsof 

•iiAii* PIT** inspectors of 

2 the board except when otherwise provided. All inspectors of the division feg'Y'/i'"'- 

3 may enter any premises in the pursuance of their duty. 5§5,'8. 

1896, 546, U 4, 7. 1906, 387, § 6. 1913, 610. § 4. 

1899, 368, §§ 8. 11. 1907. 465, § 28. 1914, 467, § 5. 

R. L. 102, § 86. 1909. 393. § 3. 1915, 259, § 11. 

1905, 310. § 3; 472, § 3. 1911, 656. § 6. 

1 Section 6. AH steam boilers and their appurtenances except those Annual 

2 specified in the following section shall be thoroughly inspected externally iggs^^'s! § 2. 

3 and internally at least once a year. 

1898, 167. 1907, 465, § 1. 1909, 393, § 1. 

R. L. 105, § 3. 1908, 563, § 1. 1912, 531, § 1. 

1906, 387, § 1. 

1 Section 7. The preceding^ section shall not apply to boilers of rail- f,""'jgd'°''^''^ 

2 road locomotives, motor vehicles or steam fire engines brought into the i895,4i8, 

3 commonwealth for temporary use in times of emergency, nor to boilers isgs. i67. 

4 used in private residences, nor to those used solely for heating public §§ 2, 3. ^' 

5 buildings or apartment houses which carry pressures not exceeding fifteen {gog; 387] § }; 

6 pounds to the square inch and have less than four square feet of grate j||[]^' ^J;|' | }■ 

7 surface, nor to boilers of not more than three horse power. The said !?™|^3, 

8 section shall not apply to boilers under the jurisdiction of the United 1912, 531, § 1. 

9 States nor to those used exclusively for horticultural or agricultural 
10 purposes. 

1 Section 8. No person shall operate or cause to be operated any Boilers not to 

2 boiler required by this chapter to be inspected until it has been inspected, without'"' 

3 and the certificate of inspection required by section twenty-three or 'igo''g'"'3'j(°7° 5 2. 

4 twenty-five has been issued and so placed in the engine or boiler room of J^^J* ||j* | \^- 

5 the plant as to be easily read, or in the case of a portable boiler kept with (penalty, § 33.] 

6 it and always accessible. 

1 Section 9. No person shall operate or cause to be operated any BoUer not to 

2 boiler required by this chapter to be inspected at pressures in excess of cxcess"of "^ 

3 the safe working pressure ascertained by the rules of the board and pressur^^"^ 

4 stated in the certificate of inspection nor unless the boiler is equipped with Jgo^' |g|; I }; 
r> such safety appliances as are prescribed by the board. 

1909, 393, 5 1. 1912, 531, § 1. 

[Penalty, § 33.] 



1822 



INSPECTION OF BOILERS. 



[Chl\p. 146. 



Report of 
uninsured 
boiler. 
1895, 418. 
R. L. 105. 
1907. 465. 

1912, 531, 

1913, 610, 



5 1. 



§2. 
§2. 
§4. 

IPenalty, I 33.) 



Section 10. Whoever owns, or uses or causes to be used, any such 
boiler, unless the same is under the periodically guaranteed inspection 
of an insurance company authorized to insure boilers in the common- 
wealth, shall report in writing to the chief the location of such boiler, 
before the work of installation of such boiler is completed, and annually 
thereafter; provided, that the owner or user of an insured boiler shall 
report immediately in writing to the chief whenever the insurance com- 
pany ceases for any cause to inspect the boiler. 



Duties of 
inspector. 
1907, 465, § 3. 



Section 11. All such boilers shall be inspected externally at least 
once each year when in operation, and the inspector shall observe the 
pressure of steam carried and the general condition of each boiler, and 
ascertain if the safety valve and the appliances for indicating the pres- 
sure of steam and level of the water in the boiler are in proper working 
order. 



Ifth sffe°ty Section 12. No person shall remove or tamper with any safety appli- 1 

isos^^l' § 4 ance prescribed by the board nor load the safety valve to a greater pres- 2 

R. L. 10.5. § 5. gyre than that allowed by the certificate of inspection. 3 

[Penalty, § 33.] 



1907, 465, § 3. 



Inspection by 
insurance com- 
panies or 
inspectors of 
the division. 

1893, 387. 

1894, 481, § 3. 



1895, 418. § 8. 

1896, 546. 5 4. 



1898, 261. 

R. L. 105, § 1. 



1907. 465. § 4. 
1913, 610, § 4. 



Section 1.3. The inspection of boilers and appurtenances shall be 1 

made by the division, under the supervision of the chief, or by inspec- 2 

tors of insurance companies authorized to insure steam boilers in the .3 

commonwealth. 4 



Insurance 
companies must 
have licensed 
inspectors. 
1907, 465, 
§§ 5, 6. 
1912, 531, 5 3. 



Section 14. Every insurance company authorized to insure steam 
boilers in the commonwealth shall have in its employ at least one in- 
spector who holds a certificate of competency under section sixty-two 
and resides in the commonwealth. When an inspector holding such a 
certificate ceases to be employed by an insurance company, it shall 
notify the commissioner, gi\'ing the reasons therefor. 



^PTOto without Section 1.5. No person shall act as an inspector of boilers for an 1 
prohibited insurance company unless he holds a certificate of competency under 2 
1907, 465, § 5. section sixty-two. 3 

1912, 531, § 3. 
(Penalty, § 33.1 



Company 
may lose 
authority to 
insure for 
issuing im- 
proper certifi- 
cate of 
inspection. 



Section 16. Any insurance company which issues a certificate of 
inspection signed l)y an inspector who does not hold a certificate of 
competency may have its authority to insure steam boilers revoked by 
the commissioner of insurance. 

1907, 465, § 8. 



Slpectorf of Section 17. The inspectors of the division shall make reports of all 1 

R^L'ia5°"u inspections and shall make such recommendations to the chief as they 2 

1907. 465,' § 9. ujay dccm expedient. 3 

1913, 610, § 4. 



Reports by 
insurance 
companies. 
1905, 472, § 2. 



Section 18. Every insurance company shall forward to the chief, 1 
within fourteen days after each inspection, reports of all boilers inspected 2 



Chap. 146.] inspection of boilers. 1823 

3 by it. Such reports shall be made on blanks furnished by the chief, and \^f lll-_ | \q 

4 shall contain all orders made by the company regarding such boilers. '^i^, eio, § 4. 

(Penalty, §33.1 

1 Section 19. Every insurance company shall report immediately to insurance 

2 the chief the name of the owner or us(>r and the location of every boiler report can-""*' 
',] required by this chapter to be inspected, upon which they have cancelled igdy'i'lBs'^^i n. 
4 or refused insurance, giving the reasons therefor. '"'•'■ ''*°' ^ *• 

[Penalty, § 33.) 

1 Section 20. Boilers and their appurtenances used exclusively for safety 

2 heating purjioses, which are not required by this chapter to be inspected, ly'oV.Telf'i 12. 

3 shall be pro\i(led with such safety appliances as shall be prescribed by 

4 the board, and the division shall inspect such boilers upon application 

5 of the owTier. 

1 Section 21. The owner or user of a boiler required by this chapter Preparation of 

2 to be inspected shall prepare the boiler for inspection as directed by the J'n°spection. 

8 inspector. The inspector shall, if requested, give the owner or user at }^^|; \lf ^ ^■ 

4 least fourteen days' notice to prepare a boiler for inspection; provided, {^907 le.? ' | ?3 

5 that no notice shall be required of an external inspection under steam, 1912! 531! §4. 

6 nor if the boiler is being installed or has not been inspected within one (Penalty, § 33.1 

7 year and a certificate of inspection issued. If, in the judgment of an 

8 inspector of the division, any such boiler or its appurtenances is in a 

9 defective or dangerous condition, he may immediately forbid the opera- 

10 tion of the boiler, whether or not it is under the inspection of an insurance 

11 company; and no person shall again operate such boiler, or cause it to 

12 be operated, until a certificate of inspection has been issued by an inspec- 
1.3 tor of the division. 

1 Section 22. The owner or user of a boiler inspected by the division Fees for in- 

2 shall pay to the commissioner ten dollars for each boiler internally thrdhision. 

3 and externally inspected, and two dollars for each visit for external J^^^; ,J|; | f 

4 inspection under steam, and five dollars for each cast iron sectional j9of'46?;|54 

5 boiler inspected. The commissioner shall pay to the commonwealth jaif! mi! 5 5. 

,, . , i *> lyld, blu, 8 4. 

6 all sums so received. 

1919, 133. 1926, 291. 

1 Section 23. If, upon inspection, the inspector of the division finds Certificate of 

2 the boiler to be in safe working order, with the fittings necessary to safety, Ihe^dhisiin.^ 

3 and properly set up, and the boiler and its appurtenances conform to the §5®|;4'®' 

4 rules of the board, he shall issue to the owner or user thereof a certificate ^ l-^°°- 

5 of inspection stating the maximum pressure at which the boiler may be Jms, 472. § 2._ 

6 operated, as ascertained by the rules of the board, and thereupon such 1912! 531! § 6. 

7 owner or user may operate the boiler mentioned in the certificate; if the (Penalty, 533.) 

8 inspector finds otherwise, he shall withhold his certificate until the boiler 

9 and its fittings are put in a condition to insure safety of operation, and 

10 the boiler and its appurtenances conform to the rules of the board, and 

11 the owiier or user shall not operate such boiler, or cause it to be operated, 

12 until such certificate has been granted. 

1 Section 24. Every boiler which has been inspected by the division inspected boUer 

2 shall be numbered either by stamping the number upon the boiler or by or tagged"" 

3 attaching a numbered metal tag by a seal or otherwise to the boiler or j^^L's." ' 

1907, 465, § 16. 



1824 



INSPECTION OF BOILERS. 



[Chap. 146. 



its fittings. No person except an inspector of the division shall deface 4 
or remove any such number or tag. 5 

(Penalty, § 33] 



Certificate of 
inspection by 
insurance 
company. 
1905, 472, § 2. 
1907, 465, § 17. 
1912, 531, §7. 



Section 25. Insurance companies shall, after each internal and 1 

external inspection, if the boiler and its appurtenances conform to the 2 

rules of the board, and if they deem the boiler to be in safe working .3 

condition otherwise, issue a certificate of inspection stating the maximum 4 

pressure at which the boiler may be operated as ascertained by the rules 5 

of the board. 6 



Ss'^^ection. Section 26. If a boiler is insured which has not previously been 1 

1908 563' I '*■ inspected externally and internally and a certificate of inspection issued, 2 

1913! 6io! § 4. the company so insuring shall forthwith notify the chief to that effect, .3 

and shall inspect such boiler internally and externally within one month 4 

after the insurance is effected. No insurance shall be effected on any 5 

boiler which does not conform to the rules of the board. 6 

Stifirate"' Section 27. The certificate of inspection issued by the division, or 1 

1907, 465, § 19. by an insuraucc company, shall state the name of the owner or user, the 2 

location, size and number of the boiler, the date of inspection and the 3 

maximum pressure at which it may be operated, with the signature of 4 

the inspector, and shall contain such extracts from the statutes as shall 5 

be deemed necessary by the board. It shall be so placed in the engine 6 

or boiler room of the plant where the boiler is located as to be easily 7 

read, except that the certificate of inspection for a portable boiler shall 8 

be kept with it and shall be always accessible. 9 

Section 28. [Repealed, 1924, 461.] 1 

d'e°fecTin' SECTION 29. The owuer or user of any boiler required by this chapter 1 

i9or'465 5 21 ^° ^^ inspected shall immediately notify the division or the insurance 2 

company, if the boiler is insured, if a defect affecting the safety of the 3 

boiler is discovered. 4 



boXr'no^to Section 30. If the insurance on any boiler required by this chapter 

i9oT "es*"? 22 *° ^^ inspected expires, or is cancelled because the insurers deem it un- 
[Penaity, § 33.) ^^^^ ^^ Continue the operation thereof, the owner or user shall cease to 
operate it until it has been put in a safe condition, satisfactory to the 
insurers, or has been inspected by the division and a certificate of inspec- 
tion has been issued. 



press w^etol Section 31. If, in the judgment of the inspector of the division or of 1 

1907. 465, § 23. the lusurancc company, it is advisable to apply a hydrostatic pressure 2 

test to a boiler, the owner or user shall prepare the boiler for such test, 3 

as directed by the inspector of the division or by the insurance company. 4 



i^ipectOT^ Section 32. No person shall prevent or attempt to prevent the 1 

looe'^ss?' § 5 c^^^^ or ^-n.V inspector of the division from entering any premises on which 2 
1907; 465! § 28. a boiler is situated. 3 

1909, 393. § 3. 
[Penalty, § 33.1 



Chap. 146.] compres.sed mh taxks. 1825 

1 Section 33. Whoever vi()late.s any provision of sections five to Penalty. 

2 thirty-two, inchisive, or of the rules of the board shall be punished by ism! 247! 

3 a fine of not less than twenty nor more than five hundred dollars or by p. 1.' 10*2, §53.' 

4 imprisonment for not more than six months, or both. 

1895, 41S, § 7. 1901). .'iSV, §§ 4, 5; 1907, 40.5, § 28. 

R. L. 105. |§ G, 11. 522, § 3. 1909, 393, § 3. 

COMPRE.SSED AIR TANKS. 

1 Section 34. No person shall install or use, or cause to be installed fg^s^cM' 

2 or used, any tank or other receptacle, except when attached to loco- ||jjj' ^^^^ 

3 motives, street or railway cars, vessels or motor vehicles, for the storing gw.'h i,'7. 

4 of compressed air at any pressure exceeding fifty pounds per sc}uare inch, (Penalty, §41.) 

5 for use in operating pneumatic machinery, unless the owner or user thereof 

6 shall hold a certificate of inspection issued by the division, certifying that 

7 the said tank or other receptacle has duly been inspected within two 
S years, or unless the owner or user shall hold a policy of insurance upon 
9 the said tank or other receptacle issued by an insurance company author- 

10 ized to insure air tanks within the commonwealth, together with a'certif- 

1 1 icate of inspection from an insurance inspector who holds a certificate of 

12 competency described in section sixty-two. 

1 Section 35. The board shall prescribe regulations for the size, shape. Rules for 

2 construction, gauges, operation, maximum pressure, safety devices, use i9°3!'629, § 2. 

3 of oil, and other appurtenances necessary for the safe operation of such gwfVI.^' ^ "' 

4 tanks or other receptacles. 

1 Section 36. The division shall in.spect at least once in two years all 5Si3'"629°'s 3 

2 such tanks or other receptacles, except such as are covered by a policy of i^i*' 649, § 3. 

3 insurance and inspected by insurance inspectors as specified in section 

4 thirty-four. 



1 Section 37. Owners of such tanks or other receptacles shall notify Notice. 

jn thereof. 

1914, 049, § 4. 



2 the commissioner of the location thereof. 



1 Section 38. Every insurance company authorized to insure air Reports of 

2 tanks within the commonwealth shall forward to the commissioner, 'i9i3;'"629"§5. 

3 within fourteen days after each inspection of an air tank or other such '^'''' ®'*®' ^ ^■ 

4 receptacle, a report of such inspection. The reports shall be made on 

5 blanks furnished by the division, and shall contain all orders and regula- 

6 tions made by the company regarding the air tanks or other receptacles 

7 so inspected. 

1 Section 39. The inspection shall consist of a hammer test, and, if j^f* p^ti"™ 

2 required by the inspector, a hydrostatic test the pressure of which shall '-"J- "p^ | « 

3 be one and one half times the pressure allowed on the air tank or other 049, § e. ' 

4 receptacle inspected. The air tank or other receptacle shall be prepared 

5 for inspection by the owner or user thereof. 

1 Section 40. Three dollars shall be paid to the commissioner by the Fees. 

2 owner, agent or user of any such tank or other receptacle for every inspec- 1914; ew', 1 1: 

3 tion thereof. The commissioner shall pay to the commonwealth all sums '®'^' *^*' 

4 so received. 



1826 



LICENSES OF ENGINEERS AND FIREMEN. 



[Chap. 146. 



fsra^'eig §9 Section 41. Whoever violates any provision of sections thirty-four 1 

1914] 649! § 9. to thirty-nine, inchisi\'e, or any regulation made under authority thereof, 2 

shall be punished by a fine of not more than fifty dollars or by imprison- 3 

ment for not more than one month, or both. 4 

AMMONIA COMPRESSORS. 

^ompK^ssOTs. Section 42. No person shall use an ammonia compressor unless it is 1 

1914. 467, § 1. equipped with a safety valve. 2 

[Penalty, § 55.] 

mlfie?, § 2. Section 4.3. The board shall formulate rules for the size, design, 1 

location and piping of safety valves on ammonia compressors. 2 



to/onar' Section 44. The rules so formulated shall have the force of law 1 

1914, 467, § 3. ^ud shall be printed and furnished to those requesting them by the 2 

division. 3 



Changes in 

rules. 

1914, 467, § 4. 



Section 4.5. Any changes in the rules as formulated by the board 1 
shall be made in accordance with sections three and four. 2 



LICENSES of engineers AND FIREMEN. 



Licenses for 
operating 
boilers or 
engines. 

1895, 471, § 1. 

1896, 546, § 1. 
1899, 368, 

§5 1, 5. 
R. L. 102, 
§§78,80. 
1907, 373, § 1. 
1911,562, 
§§ 1,2. 

1914, 451. 

1915, 259, 
§§ 1,3. 

196 Mass. 402. 
1 Op. A. G. 485. 

(Penalty, 8 55.] 



Section 40. No person shall have charge of or operate a steam 
boiler or engine or its appurtenances, except boilers and engines upon 
locomotives, motor vehicles, boilers and engines in private residences, 
boilers in apartment houses of less than five apartments, boilers and 
engines under the jurisdiction of the United States, boilers and engines 
used for agricultural purposes exclusively, boilers and engines of less than 
nine horse power, and boilers used for heating purposes exclusively which 7 
are provided with a device approved by the commissioner limiting the 8 
pressure carried to fifteen pounds to the square inch, unless he holds a 9 
license as hereinafter provided. The owner or user of a steam boiler or 10 
engine, other than boilers or engines above excepted, shall not operate or 11 
cause to be operated a steam boiler or engine or its appurtenances for a 12 
period of more than one week, unless the person in charge of and operat- 13 
ing it is duly licensed; provided, that in manufacturing plants an unli- 14 
censed person may operate, under a licensed person on duty, a simple 15 
non-condensing engine of not more than one hundred and fifty horse 16 
power, and in any plant one unlicensed person may be employed under 17 
the personal direction of each licensed person in the plant to operate 18 
the appurtenances of a boiler or engine. 19 



preJed°nV' Section 47. If such stcam engine or boilcr or an appurteuaucc tlicrcof 

i899?368, § 2. ^^ fouud to be iu charge of, or operated by, a person not duly licensed as 
1915 259' ^ ^^' ^'^ engineer or fireman, and, after a lapse of one week from such time, 
§§ 2,'3. ' it is again found to be so operated by an unlicensed person, it shall be 
deemed prima facie evidence of a violation of the preceding section. 



Determination 
of power. 
1899, 368, § 6. 
R. L. 102, § 83. 
1911, 562, § 5. 
1915, 259, 5 8. 



Section 48. The horse power of a boiler shall be ascertained upon a 1 

basis of three horse power for each square foot of grate surface or equiva- 2 

lent, when the safety valve is set to blow at a pressure exceeding twenty- 3 

five pounds per square inch, and on a basis of one and one half horse power 4 

for each square foot of grate surface or equivalent, when the safety valve 5 

is set to blow at twenty-five pounds pressure per square inch or less. 6 



Chap. 146.J licenses of engineers and fiiiemen. 1827 

7 The horse power of a reciprocating steam engine shall be ascertained 

8 upon the basis of a mean effective pressure of forty pounds per scjuare 

9 inch of piston for a simple engine, fifty pounds for a condensing engine, 

10 and seventy pounds for a compound engine, calculated upon the area of 

11 the high pressure piston. A variable speed engine shall be rated at its 

12 designed mean speed. 

13 A steam turbine engine shall be rated at less than nine horse power 

14 when the external diameter of the steam supply pipe does not exceed one 

15 and three fourths inches, at fifty horse power when it exceeds one and 

16 three fourths inches and does not exceed three and one half inches, and 

17 at one hundred and fifty horse power when it exceeds three and one half 

18 inches and does not exceed five inches. 

1 Section 49. Licenses shall be granted according to the competence classes of 

2 of the applicant, and shall be classified as follows: Engineers' licenses: iggSr^i, 53. 

3 First class, to have charge of and operate any steam plant. Second class, Jyoo 201' ^ *' 

4 to have charge of and operate a boiler or boilers, and to have charge of ft;„^- 'J^, § 82. 

r 1 • /• 1 • 7 1 II 1 111 1 r- fl iyU5, 310, § 2. 

5 and operate engmes, no one of which shall exceed one hundred and ntty laos, 414. 

1 ... 1907 373 S 2 

6 horse power, or to operate a first class plant under the engineer in direct 1911! .'J62! § 4! 

7 charge thereof. Third class, to have charge of and operate a boiler or ibi's! 259, § 7. 

8 boilers not exceeding in the aggregate one hundred and fifty horse power, 

9 and an engine or engines not exceeding fifty horse power each, or to 

10 operate a second class plant under the engineer in direct charge thereof. 

11 Fourth class, to have charge of and operate hoisting and portable steam 

12 engines and boilers. Portable class, to have charge of or to operate port- 

13 able boilers and portable engines, except hoisting engines or steam fire 

14 engines. Steam fire engineer's class, to have charge of or to operate steam 

15 fire engines and boilers. Firemen's licenses: Extra first class, to have 

16 charge of and operate any boiler or boilers. First class, to have charge of 

17 and operate any boiler or boilers where the safety valve or vahes are 
IS set to blow at a pressure not exceeding twenty-five pounds to the square 

19 inch, or to operate high pressure boilers under the engineer or fireman 

20 in direct charge thereof. Second class, to operate any boiler or boilers 

21 under the engineer or fireman in direct charge thereof. A person holding 

22 an e.xtra first class or first class fireman's license may operate a third class 

23 plant under the engineer in direct charge thereof. Special licenses: A 

24 person who desires to have charge of or to operate a particular steam 

25 plant may, if he files with his application for such examination a written 

26 request signed by the owner or user of the plant, be examined as to his 

27 competence for such service and no other, and, if found competent and 

28 trustworthy, he shall be granted a license for such service, and no other; 

29 provided, that no special license shall be granted to give any person charge 

30 of or permission to operate an engine of over one hundred and fifty horse 

31 power, except that where the main power plant is run by water power 

32 exclusively during the major part of the time, and has auxiliary steam 

33 power for use during periods of low water, a special license may be issued 

34 to an applicant holding an engineer's license. 

1 Section 50. To be eligible for examination for a first class fireman's Qualifications 

2 license, a person must have been employed as a steam engineer or fire- igi'^seirj 3. 

3 man in charge of or operating boilers for not less than one year, or he i^i^-^ss. §*■ 

4 must have held and used a second class fireman's license for not less than 

5 six months. To be eligible for examination for a third class engineer's 
n license, a person must have been employed as a steam engineer or fire- 



1828 



LICENSES OF ENGINEERS AND FIREMEN. 



[Chap. 146. 



man in charge of or operating boilers for not less than one and one half 7 
years, or he must have held and used a first class fireman's license for not 8 
less than one year. To be eligible for examination for a second class 9 
engineer's license, a person must have been employed as an engineer in 10 
charge of a steam plant or plants having at least one engine of over 11 
fifty horse power for not less than two years, or he must have held and 12 
used a third class engineer's license either as an engineer, assistant engi- 13 
neer or fireman for not less than one year, or have held and used a special 14 
license to operate a first class plant for not less than two years; except 15 
that any person who has served three years as apprentice to the machinist 16 
or boiler making trade in stationary, marine or locomotive engine or 17 
boiler works and who has been employed for one year in connection with 18 
the operation of a steam plant, or any person graduated as a mechanical 19 
engineer from a duly recognized school of technology who has been 20 
employed for one year in connection with the operation of a steam plant, 21 
shall be eligible for examination for a second class engineer's license. 22 
To be eligible for examination for a first class engineer's license, a person 2.3 
must have been employed for not less than three years as an engineer 24 
in charge of a steam plant or plants having at least one engine of over one 25 
hundred and fifty horse power, or he must have held and used a second 26 
class engineer's license in a second class or first class plant for not less 27 
than one and one half years. 28 



Posting of 
license. 
Daily record 
1899, 368, § 
R. L. 102, § 
1907, 373, § 
1911,562, § 
1915, 259, I 



Section 51. An engineer's or fireman's license shall be so placed in 1 
the engine or boiler room of the plant operated by the licensee as to be 2 
easily read. The person in charge of a stationary steam boiler upon 3 
which the safety valve is set to blow off at more than twenty-five pounds 4 
pressure to the square inch, except boilers in private residences, boilers 5 
in apartment houses of less than five apartments, boilers under the juris- 6 
diction of the United States, boilers used for agricultural purposes exclu- 7 
sively, and boilers of less than nine horse power, shall keep a daily 8 
record of the boiler, its condition when under steam, and of all repairs 9 
made and work done on it, upon forms to be obtained upon application 10 
to the department. These records shall be kept on file and shall be 11 
always accessible to the chief and inspectors of the division. 12 



Licenses in 
force May 17, 
1915. 

1895, 471, § 2. 

1896, 546. § 2. 
1899, 368, § 3. 
R. L. 102. §81. 
1911,562, §8. 
191.5, 259, 5 12. 
196 Mass. 402. 



Section 52. A license in force on May seventeenth, nineteen hun- 
dred and fifteen, shall continue in force until it is suspended or revoked 
for the incompetence or untrustworthiness of the licensee, except that 
a special license shall not continue in force after the holder thereof 
ceases to be employed in the plant specified in the license. A license in 
force on said date may be exchanged for a license of the same class under 
section forty-nine at any time thereafter, on application to the division, 
upon forms to be furnished by said division. The applicant shall make 
oath to the statements contained in the said application, and the chief or 
any inspector of the division may administer the oath. 



9 

10 



Hoisting 
machinery. 
1911, 656, 
§§ 1,2. 
1915, 211, § 1. 

(Penalty, § 55.] 



LICENSES FOR OPERATING HOISTING MACHINERY NOT RUN BY STEAM. 

Section 53. No person shall operate derricks, cableways, machinery 
used for discharging cargoes, temporary elevator cars used on excavation 
work or used for hoisting building material, when the motive power to 
operate such machinery is mechanical and other than steam, unless he 
holds a license as hereinafter provided. The owner or user of such hoist- 



Chap. 146.] examinations for licenses, etc. 1829 

(5 ing machinery shall not operate, or cause to be operated, such machinery 
7 for a period of more than one week, unless the person operating it is duly 
S licensed. 



1 Section 54. A license to operate such hoisting machinery shall be License to be 

carried i 
person. 



2 carried on the person of the holder thereof when operating the same. '"''"""' °° ""^ 



1911,656, § 5. 

1 Section 55. Whoever violates any provision of sections forty-two to Penalty. 

2 fifty-four, inclusive, or any rule made thereunder, or prevents or at- is9o!546!§7! 

3 tempts to prevent an inspector from entering on any premises in the fgos'; 3?o,' 1 3^' 

4 discharge of his duty shall be punished by a fine of not less than ten nor \l\\-^ ^^^; | f 

5 more than three hundred dollars or by imprisonment for not more than i^iS' 259. § ii- 

6 three months. 

examinations of applicants for licenses, etc. 

1 Section 56. The chief and inspectors of the division shall act, as inspectors of 

2 provided in sections fifty-seven to sixty-seven, inclusive, as examiners to'act^s'™ 

3 of applicants for certificates of competency to inspect boilers, and for iS™™™' 

4 licenses as engineers or firemen or operators of hoisting machinery. }|^|; ^f {; 1 1; 

5 The chief or any such inspector may administer the oath to applicants. }*^|' ^46, 8 4. 

1899, 368, §8. 1905, 310, § 3. 1915, 259, §§ 5, 11. 

R. L. 102, § 86; 105, § 1. 1911, 562, § 3; 656, §§ 3, 6. 

1 Section 57. Each application for a license as an engineer or fireman Applications 

2 of a class specified herein or as an operator of hoisting machinery not lags',"^!?!? 

3 run by steam shall be made upon a blank furnished by the department, ilgl, 546. 

4 signed and sworn to by the applicant, and shall show the total experience figlles, 

5 of the applicant. Each such application shall be accompanied by an ^ 3. 7.^^ ^ ^^ 

6 examination fee, as follows: For a first class or second class engineer's }^°^, 310, §1. 

7 license or for a special license, seven dollars; for a third class, fourth 1911! 562] 53- 

8 class or portable class engineer's license or a steam fire engineer's license, 1915. 259, 

9 three dollars; for an extra first class, a first class or second class fireman's 1927', 298. 

10 license, two dollars; and for a license for operating hoisting machinery 

1 1 not run by steam, three dollars. Each such application shall entitle the 

12 applicant to one examination only, except in case of an appeal under 
1;! section sixty-six; provided, however, that no person shall make applica- 

14 tion hereunder for a license of any particular class oftener than once in 

15 ninety days. The fee for an examination on appeal shall be one dollar. 

1 Section 58. In all examinations or appeals the applicant may have Applicants 

2 one person present who may take notes if he so desires. In case of ap- person present. 

3 plicants for certificates of competency to inspect boilers such person shall §§^3,' 9.^*' 

4 be a representative of an insurance company employing the applicant or f^ si.^sl' 

5 wishing to do so. 

1905, 310, § 1. 1911, 562, §§ 3, 6: 656. 15 3, 4. 

1907, 373, § 3: 465, 5 7. 1915, 259, §§ 5, 9. 

1 Section 59. A certificate of competency to inspect boilers shall be Revocation 

2 revoked and a license as engineer or fireman or operator of hoisting ma- is95.^47i! § 2. 

3 chinery shall be suspended or revoked for incompetence or untrust- \lll\ HI] \ 1; 

4 worthiness of the holder thereof. A wilfully false statement in the fgog- 1°q] | f ^• 

5 application shall be sufficient cause for revocation at any time. If a J^"^' *65, § 6. 

6 certificate or license is lost or destroyed a new certificate shall be issued 656, '§ 3. ' 

7 without examination upon satisfactory proof thereof. 

1915, 259, §§5, 6. 



1830 



EX.'i.MINATIONS FOR LICENSES, ETC. 



[Chap. 146. 



Application 
for license. 
1907, 465, § 6. 
1927, 296, § 1. 



EXAMINATION OF INSPECTORS OF BOILERS. 

Section 60. The application of a person desiring to act as inspector 
of boilers for an insurance company shall be accompanied by a written 
request of said company for an examination of such person, together 
with a fee of fifteen dollars. 



Board of 
examiners. 
1907, 465, § 6. 



Certificate of 
competency- 
1907, 465, 5 6. 



Appeal. 
1907, 465, § 7. 
1927, 296, § 2. 



Section 61. Three inspectors of the division shall act as a board 1 

of examiners. The applicant shall be examined as to the construe- 2 

tion, installation, maintenance and repair of steam boilers and their 3 

appurtenances. 4 



Section 62. If the applicant is found competent he shall receive a 
certificate of competency to inspect steam boilers for the company which 
requested the examination. The certificate shall remain in force during 
his employment by the company unless sooner revoked. 

Section 6.3. A person who is refused a certificate of competency, 
or whose certificate is revoked, may appeal from such decision to the 
commissioner, who shall grant a rehearing of the case by a board of 
five examiners, no one of whom shall have acted as an examiner in the 
former instance; provided, that in the case of a person desiring to appeal 
from a refusal to issue to him a certificate of competency such appeal is 
accompanied by a fee of fifteen dollars. Their decision shall be final if 
approved by said commissioner. 



1 
2 

3 

4 

1 
2 

3 

4 
.5 
6 

7 



examination of ENGINEERS, FIREMEN OR OPERATORS OF HOISTING 

MACHINERY. 



Application 
for license as 
engineer or 
fireman. 
Examination. 
1895,471, §2. 
1896, 546, § 2. 
1899, 368, § 3. 
R. L. 102, § 81 
1905, 310, 
§§1,3. 

1911, 562, § 3. 
1913, 610, § 4. 
1915, 259, 
§§ 4, 5. 



Application 
for license 
to operate 
hoisting 
machinery. 
1911, 656, 
§§1,3. ^ 
1915, 211, § 1. 



Section 64. Whoever desires to act as an engineer or fireman shall 
apply for a license to the inspector of the division for the towTi where 
he resides or is employed. The examination shall be uniform throughout 
the commonwealth. The applicant shall be given a practical examina- 
tion, and, if found competent and trustworthy, he shall receive a license 
graded according to the merits of his examination. An applicant for a 
first class or second class engineer's license or for a special license shall 
be examined by a board consisting of three inspectors of the division, 
or two inspectors and the chief, and, if the applicant is employed, one 
member of said board shall be the department inspector of boilers for the 10 
town where the applicant is employed, and the decision of said board 11 
shall be final. An applicant for a license as an engineer of any other 12 
class or as a fireman shall be examined by one inspector of the division, 13 
from whose decision there shall be an appeal as provided in section 14 
sixty-six. 



Section 6.5. Whoever desires to act as an operator of hoisting ma- 
chinery shall apply to the inspector of the division for the town where 
he resides or is employed. He shall be given a practical examination by 
a department inspector, and if found competent and trustworthy shall 
receive a license to operate such machinery. He shall be examined only 
as to his ability to use the particular machinery, whether a gasoline or 
electric engine or otherwise, which he desires to operate, and the license 
shall be limited to that particular kind of machinery; but if he so requests, 
the applicant may be examined as to his proficiency in the various kinds 



15 

1 

2 

3 
4 
5 

6 

7 
8 
9 



Chaps. 14G, 147.] 



1831 



10 of machinery used for hoisting, and the Hcense shall include those kinds 

11 of machinery in respect to which he is found competent. 



1 Section 66. 



A person aggrieved hy tlie action of a single examiner Appeal. 

2 in refusing, suspending or revoking a license to act as engineer, fireman isno! sle! II'. 

3 or operator of hoisting machinery may, within one week, appeal there- h "f; 'iol' 1 14 

4 from to the chief, who shall appoint three inspectors of the division, J|j^^' |"' | ^. 
.5 or himself and two inspectors, to act together as a board of appeal. The >'■•*'•■, ^ *• ' , 

6 decision of a majority of the members of the board of appeal shall be final, iqio! 259,' § 9. 



1 Section 67. A license shall continue in force until it is suspended or i.ii-enso in 

2 revoked for incompetence or untrustworthiness of the licensee, except [evolced or 

3 that a special license shall not continue in force after the holder thereof i895™47'i*f§ 2. 

4 ceases to be employed in the plant specified in the license. A person whose Jggfj' |g^' 1 1- 
.5 license is suspended or revoked shall surrender his license to the chief or R; V 'o^'. | si. 

6 an inspector of the division. If a new license of a different grade is issued, i?ii!_562! § .-si 

7 the old license shall be destroyed by the examiner. 

1915, 259. § 6. 



656, § 3. 



GENERAL PROVISIONS. 



1 Section 6S. Trial justices shall have jurisdiction of complaints for Trial justices. 

2 violation of the provisions of this chapter, or of rules made hereunder, u^l'. 102, | II 

3 and may impose fines of not more than fifty dollars. 



1905, 310. § 3. 
1907, 4U5, 5 28. 



1909, 393, § 3. 
1911, 636, I 6. 



1915, 259, § 11. 



1 Section 69. The commissioner may expend the amount annually Appropriation 

2 appropriated for investigation work, for apparatus used in connection iMgriaL'"'' 

3 with the inspection of steam boilers and for the installation and main- 

4 tenance of apparatus in the examination of engineers and firemen. 



CHAPTER 147 



STATE AND OTHER POLICE, AND CERTAIN POWERS AND DUTIES 
OF THE DEPARTMENT OF PUBLIC SAFETY. 



!>ECT. 
1. 



3. 

4. 

4A. 
5. 
6. 
6A. 

6B. 
6C. 

6D. 



Certain duties of the commissioner of 
public safety. 

Officers and inspectors. Powers and 
duties. Purchase of land to house 
units of state police. 

Same subject. Penalty for receiving 
rewards, etc. 

Extra police officers from metro- 
politan district commission. 

Bureau of criminal identification. 

Appeal from certain orders, etc. 

Destruction of old reports, etc. 

Disposition of property recovered by 
department. 

Perishables. 
Proceeds of sales, dis- 



Same subject. 
Same subject. 

position. 
Same subject. 



Payments to owners. 



Sect. 



10. 



Constables, etc., to aid governor, 

when. Penalty. 
County police, appointment, powers 

and duties. 

SPECUL POLICE OFFICERS. 

Agents of Massachusetts Society for 
the Prevention of Cruelty to Chil- 
dren. 

Agents of certain corporations for 
protection of animals. 



RESERVE POLICE FORCE I.V CITIES. 

11. Reserve poUce force in certain cities. 



12. 
13. 



Same subject. 

Same subject. 

pensation. 



Number of members. 
Powers, duties, com- 



1832 



STATE AND OTHER POLICE, ETC. 



[Chap. 147. 



Sect. 

reserve police force in towns. 
13A. Reserve police force in certain towns. 



14. 

15. 
16. 
17. 



18. 
19. 



20. 
21. 



22. 
23. 

24. 
25. 
26. 
27. 
28. 

29. 
30. 



DAYS OFF FOR POLICE. 

Days off for police in certain cities 

and towns. 
Same subject. One day in fifteen. 
Same subject. One day in eight. 
Same subject. General provisions. 



POLICE MATRONS. 

Police matrons in cities. Designa- 
tion, etc. 

Same subject. Tenure of office, sal- 
ary, duties. 

Same subject. Duties. 

"Police station", "station", defined. 



PRIVATE DETECTIVES. 

License. When required. 

Same subject. To whom granted, 



assistants. 
Same subject. 
Same subject. 
Same subject. 
Same subject. 



Application. 

Contents and term. 

Fee. Bond. 

Revocation. 
Penalty for divulging information or 

making false report. 
Penalty for acting without license. 
Application of §§ 22-29 limited. 



Sect. 

list of police. 

31. List of police to be sent to commis- 

sioner. Penalty. 

licensed boxing matches. 

32. Unlicensed boxing matches forbidden. 

Penalty. Special licenses. 

33. Licenses for bo.xing matches. 

34. Same subject. Bond. 

35. Licenses for officials. 

36. Referee and judges. 

37. Physician. 

38. Number of rounds. Gloves. 

39. Age of participants or spectators. 

40. Payment to commonwealth. Report 

of proceeds, etc. 

41. Tickets not to be sold beyond ca- 

pacity of hall. 

42. Revocation or suspension of license. 

43. Licensee not to have financial interest 

in boxer. 

44. Witnesses before the commission. 

45. Superior court may enjoin unlicensed 

match. 

46. Rules and regulations. Report. 

47. Distribution of money received by 

commonwealth. 

48. Sections 32-47 in effect in cities .and 

towns which accept them. 

49. Acceptance. 

50. Resubmission. 

51. Certain provisions of law not appli- 

cable to boxing matches. 



Certain duties 
of the com- 
missioner of 
public safety. 
1865, 219, 
§§ 1,4. 
1871, 394, § 3. 

1874. 405. 

1875, 15. 
1877,214. 
1879, 305, 
P. S. 103, 
§§3,11. 
1894,481, 
1895, 418, 
R. L. 108, § 2 



1. 

§6. 
§3. 



§ 57. 



Section 1. The commissioner of public safety, in this chapter called 1 

the commissioner, shall have charge of the administration and enforce- 2 

ment of all laws, rules and regulations which it is the duty of the depart- 3 

ment of public safety, in this chapter called the department, to ad- 4 

minister and enforce, and shall, except as is otherwise provided, direct 5 

all inspections and investigations. He shall, subject to the approval of 6 

the governor, make all necessary rules for the government of his depart- 7 

ment, for reports to be made by officers under him and for the performance 8 

of their duties. He shall make an annual report. 9 



1906. 521, § 1. 
1911, 619. 



1912, 72U, § 5. 

1919, 350, §§ 1, 99. 100. 



3 Op. A. G. 492. 



Officers and 
inspectors. 
Powers and 
duties. Pur- 
chase of land 
to house units 
of state police. 

1865, 249, " " 

1866, 261, 
1871, 394, 
§§ 2, 4, 7. 
1875, 15, S 
1879, 305, 
§§2, 12. 
P. S. 103. I 
1888, 113. 
1894, 481. 
R. L. 108, 
1906. 262. 
1908. 143, 
1913, 610, 
1919, 350, 
§102. 
1921, 164. 



§4. 



§1. 
i7. 



1. 
§ 1. 



Section 2. All officers and inspectors of the department shall have 1 
and exercise throughout the commonwealth the powers of constables, 2 
police officers and watchmen, except as to service of civil process. The .3 
governor may command their services in suppressing riots and in pre- 4 
serving the peace. The commissioner may detail any officer or inspector 5 
in the division of inspection or in the division of fire prevention for tem- 6 
porary service in the division of state police. He may from time to 7 
time appoint employees of the department to serve at his pleasure as 8 
special state police officers and may invest them with such of the powers 9 
of state police as he may deem advisable. The commissioner, with the 10 
approval of the governor, may authorize the officers and inspectors of 11 
the department to carry badges, revolvers, clubs, handcuffs and twisters, 12 
or such other articles as may be required in the performance of their 13 



Chap. 147.] certain powers, etc., of department of public safety. 1833 

14 duties. The commissioner, with the approval of the governor and Jg^g' fgg' ^ ^ 

15 council, may expend such sums as may be appropriated for the purchase 3 0p!a.g.5i.5. 

16 of land for housing units of the state police or, if the price to be paid for 

17 such land is in any case less than one hundred dollars, the expenditure, 
IS approved as aforesaid, may be made from the current appropriation for 
19 the expenses of the division of state police. 



ny officer or inspector of the department who directly Samo subject. 
ives a reward, gift or gratuity on account of his official Ji^eivlnE'""^ 



1 Section .3. An, 

2 or indirectly receiv 

3 services shall be punished by a fine of not more than one hundred dollars is'J^'igi';''^' 

4 or by imprisonment for not more than three months, and shall also be Hji; \^ . g 

5 discharged from office. Any officer or inspector who fails to faithfully J^^' 214, § io. 

6 perform his duties shall be immediately discharged from office. 

p. S. 103, § 6; 104, § 24. 1S94, 481, § .56. 1919, 350, § 108. 

1882, 266, § 5. R L. lOS. § 6. 133 Mass. 233. 

1 Section 4. The commissioner may, when public exigency requires, Extra poUce 

2 with the approval of the governor, call upon the metropolitan district metropolitan 

3 commission for assistance in performing the duties imposed upon him mfssion""" 

4 by law; and the said commission shall, when so called upon, assign to duty \^^^j ^^°- 

5 under said commissioner such of the police force under its control as it 

6 and the commissioner shall determine. 

1 Section 4A. The commissioner shall provide within the depart- Bureau of 

2 ment for receiving, arranging and keeping proper means for the identi- kientiffcation. 

3 fication of criminals and for the furnishing of means of identification of '^^'' ^^°' ^ '■ 

4 criminals to police departments of cities and towns, to the department 

5 of correction and to prosecuting officers within the commonwealth. He 

6 may in his discretion furnish means of identification of criminals to 

7 proper officers in other states and in foreign countries. He may secure 

8 means of identification including measurements, photographs, finger 

9 prints and other means, so that known criminals may be identified in 

10 this commonwealth. The commissioner shall, on his own initiative, or 

11 upon request of the chief police officer of any city or town, or of any 

12 district attorney within the commonwealth, furnish to such chief police 

13 officer or district attorney such information as he has in his possession 

14 which may tend to assist in the identification of or apprehension of 
1") criminals. 

1 Section 5. Any person affected by an order of the department or Appeal from 

2 of a division or office thereof, except one made by the state fire marshal ordm" etc. 

3 under chapter one hundred and forty-eight, may, within such time as §^/o9^*°' 

4 the commissioner mav fix, which shall not be less than ten days after j-Jj^ ^20. _ 

• f 1 1*1 1 • • I 1 11 1 19.30. 399, 5 .->. 

o notice of such order, appeal to the commissioner, who shall thereupon 2.5.5 Mass. 5. 

6 grant a hearing, and after such hearing may amend, suspend or revoke 271 Mass! soe! 

7 such order. Any person aggrieved by an order approved by the com- op. a.^g. 

8 missioner, or by an order made by the state fire marshal as aforesaid, i34^302!'" 

9 may appeal to the superior court; provided, that such appeal is taken 

10 within fifteen days from the date when such order is approved or made. 

11 The superior court shall have jurisdiction in equity upon such appeal to 

12 annul such order if found to exceed the authority of the department or 

13 of the marshal, as the case may be, or upon petition of the commissioner 

14 to enforce all valid orders issued by the department. Nothing herein 



1834 



CERTAIN POWERS, ETC., OF DEPARTMENT OF PUBLIC SAFETY. [ChAP. 147. 



contained shall be construed to deprive any person of the right to pursue 15 
any other lawful remedy. 16 



Destruction 

of old reports, 

etc. 

1916, 145. § 1. 



Section 6. The commissioner may after two years destroy or other- 1 

wise dispose of applications for approval of entertainments on Sunday, 2 

inspection reports of theatres and halls under section thirty-six of 3 

chapter one hundred and forty-three, and applications for permits for 4 

special exhibitions of pictures under section eighty-two of said chap- 5 

ter. Any proceeds received from their disposal shall be paid to the 6 

commonwealth. 7 



Disposition of 

property 

recovered 

bv department. 

1926, 225. 



Section 6A. If money, goods or other property which has been 1 

stolen, lost, abandoned or taken from a person under arrest comes into 2 

the possession of an officer or other employee of the department by virtue .3 

of his office or employment, he shall deliver the same to the person desig- 4 

nated by the commissioner to receive the same and shall thereupon be 5 

relieved from further responsibility therefor. If no person proves 6 

ownership of such money, goods or other property within six months, 7 

the commissioner may cause the same, except money imclaimed, to be 8 

sold at public auction at such place and time and by such person as the 9 

commissioner may designate. Notice of the time and place of such 10 

sale, with a description of the property, shall be given by publishing the 11 

same once in a newspaper published in the county where the property 12 

was found or taken as aforesaid. ' 13 



Same subject. 
Perishables. 
1926, 225. 



Section 6B. Such property, if perishable or liable to deteriorate 
greatly in value by keeping, or the value of which will probably be less 
than the expense of keeping, may be sold at public auction at such 
place and at such time within six months and by such person as the 
commissioner may designate, such notice of the time and place of sale 
as the commissioner may deem reasonable and proper first being given. 



Pr^eldi'jff''*' Section 6C. The proceeds of such sales, together with such un- 1 

^osltiolj^' claimed money, after deducting all reasonable charges and expenses 2 

1926,225. incurred on account of such property, shall be accounted for and paid 3 

to the commonwealth. 4 



Same subject. 
Payments 
to owners. 
1926, 225. 



Section 6D. If, within two years and six months after such money 1 

has come into the possession of an officer or other employee of said 2 

department or within two years after any such sale, the owner claims 3 

such property and proves ownership to the satisfaction of the com- 4 

missioner, the amount of such unclaimed money or the proceeds of the 5 

sale of such property, after deducting reasonable expenses, shall be paid 6 

to him by the state treasurer. 7 



Constables, 
etc., to aid 
governor, 
when. 
Penalty. 

1865, 249. § 2. 

1866, 261, 
«2, 3. 

1871, 394, § 4. 
1875, 15, § 9. 
P. S. 103, § 12. 



Section 7. Constables, city marshals, chiefs of police and all other 1 

police officers shall, within their respective cities and towns, aid the 2 

governor in the performance of his duties whenever called upon, and any 3 

such officer who refuses so to do when called upon shall be punished by a 4 

fine of not more than one hundred dollars or by imprisonment for not 5 

more than three months. 6 

R. L. 108, § 9. 



Chap. 147.] police. 1835 

1 Section 8. County commissioners may appoint as police officers County police. 

2 persons who are in the employment of the county, who siiall, when on power" and"' 
.3 duty, wear in phiin sight a metallic badge inscribed with the words I'sga.^ige, 

4 "County Police" and the name of the county for which they are ap- R^ff^os § lo 

5 pointed. Such officers may preserve order in any court house or in any '/•'Sf • ^*''' 

6 room or building used for county business and upon the adjoining prcm- i93 Mass. 280. 

7 ises. They may, without a warrant, arrest idle, intoxicated or disorderly 

8 persons who by their presence or conduct obstruct or annoy persons 

9 using county buildings or premises, or who violate section ninety-seven 

10 of chapter two hundred and sixty-six, and may take persons so arrested 

11 to the nearest police station or other place of lawful detention. 

SPECIAL POLICE OFFICERS. 

1 Section 9. The governor may appoint two or more agents of the Agents of 

2 Massachusetts Society for the Prevention of Cruelty to Children as slSy^'for"' 

3 special state police officers for a term of three years, who shall be subject 'f crieity°t'o°° 

4 to removal by the governor, shall serve without pay and shall have and fg''o3'*3''3°3 

5 exercise throughout the commonwealth the powers of state police officers 

6 to serve warrants and other criminal processes, except the authority to 

7 arrest without a warrant. 

1 Section 10. The commissioner may appoint, at the request of the Agents of 

2 Massachusetts Society for the Prevention of Cruelty to Animals, the p"ra7k)nBfor 

3 Animal Rescue League of Boston or the Boston Work Horse Relief ^Tmlu"" °' 

4 Association, duly accredited agents of the corporation so requesting as }^??; ^^^; | }; 

5 special police officers to serve for one year, subject to removal by the {gj^'^^s 

6 commissioner. Such special police officers shall report to him as to 

7 their official acts at such times and in such manner as he may require. 

8 They shall serve without pay, except their regular compensation as 

9 agents of said corporation. They shall receive no fees for services or 

10 return of any criminal process and shall have throughout the common- 

11 wealth the powers of constables and police officers to arrest and detain 

12 any person violating any law for the prevention of cruelty to animals. 

RESERVE POLICE FORCE IN CITIES. 

1 Section 11. Any city, except Boston, in which the city council, f^Hf^a c°t''"' 

2 with the approval of the mayor, accepts this and the two following sec- tain cities. 
.3 tions or has accepted corresponding provisions of earlier laws, may estab- §§ i.'4. 

4 lish a reserve police force; and appointments thereto shall, subject to 213 Mass.' is. 
.5 chapter thirty-one, be made in the same manner as appointments to the 
G regular police force of said city. 

1 Section 12. The number of members of such reserve force shall not .same subject. 

2 exceed five in cities in which the number of members of the regular force members" 

3 does not exceed fifteen. If the number of members of the regular force r*^l'. 10s! 1 27. 

4 exceeds fifteen, one member may be added to the reserve force for e\'ery 
.'•) three of the regular force above fifteen and not above thirty; one for 
(i every five of the regular force above thirty and not above eighty; and 
7 one for every ten of the regular force above eighty. 



1 Section 13. The mayor, chief of police or city marshal of a city .same subject. 

2 in which such reserve force is established may assign the members thereof co°mpen'saSon^' 

3 to duty in said city whenever and for such length of time as said mayor, r^^l. \li\ 1 2s. 



1836 



POLICE. 



[CtL\p. 147. 



chief of police or marshal may deem necessary; and when on duty the 4 

members of said reserve force shall have all the powers and duties of 5 

members of the regular police force of said city. The compensation of 6 

the members of said reserve force shall be fixed by the city council. 7 



RESERVE POLICE FORCE IN TOWNS. 

tece7nc''er-"^^^ SECTION 13 A. A towu having an organized police force or depart- 1 
ilso!"!"^ ment, other than a town in which a reserve police force is established 2 
under special law, which accepts the provisions of this section, may .3 
establish a reserve police force consisting of such number of members as 4 
the town may determine. Appointments to such force shall be made in 5 
the same manner and subject to the same provisions of law as appoint- 6 
ments to its regular police force. Members of said reserve force may 7 
be remo\ed by the selectmen at any time for any reason satisfactory to S 
them and shall be subject to such rules and regulations as the selectmen 9 
may prescribe. Said members shall, when on duty, have all the powers 10 
and duties of members of the regular police force of said town and shall 11 
be paid by the town such compensation as the selectmen may fix. 12 



Days off for 
police in cer- 
tain cities 
and towns. 
1908, 476, 
|§1,3. 



DAYS OFF FOR POLICE. 

Section 14. Members of the police department of every city, except 
Boston and such cities as have accepted chapter two hundred and ten 
of the acts of nineteen hundred and eleven or chapter one hundred and 
sixty-six of the acts of nineteen hundred and twenty, and of every town 
which accepted chapter four hundred and seventy-six of the acts of nine- 
teen himdred and eight and afterward did not accept chapter two hiuidred 
and ten of the acts of nineteen hundred and eleven or chapter one hun- 
dred and sixty-six of the acts of nineteen hundred and twenty, shall be 
excused from duty for one day out of every thirty without loss of pay. 



Same subject. 
One day in 
fifteen. 
1911, 210, 
§§1.3. 



Section 15. Except in Boston, members of the police department 
of every town which accepted chapter two hundred and ten of the acts 
of nineteen hundred and eleven and did not accept chapter one hundred 
and sixty-six of the acts of nineteen hundred and twenty shall be excused 
from duty for one day out of every fifteen without loss of pay. 



Same subject. 
One day in 
eight. 
1920, 166, 
§§ 1.4.5. 
1927, 304. 
1930, 58. 



Section 16. Except in Boston, members of the police department 
of "every town which accepts or has accepted the provisions of this sec- 
tion by vote of its city council or selectmen, or has accepted the corre- 
sponding provisions of earlier laws in the manner therein provided, 
shall be excused from duty for one day out of every eight without loss 
of pay. 



Same subject. 
General 
provisions. 
1908, 476, 
§5 1.2. 
1911, 210, 
§11.2. 
1920, 166, 
§§ 1.2. 
1927, 304. 



Section 17. The time and manner of excusing members of police 1 

departments from duty in any town subject to any of the three preceding 2 

sections shall be determined by the chief, superintendent or other officer 3 

or board at the head of the police department. A member so excused 4 

shall be exempt from duty and from attendance at a police station or 5 

other place, but otherwise shall be subject to all laws, rules and regu- 6 

lations relating to members of the department to which he belongs. The 7 

chief, superintendent or other officer or board at the head of the police 8 



Chap. 147.] police. 1837 

9 department of any such town may, in case of any ]nil)lic emergency, or of 

10 any unusual doniand for the services of the police in that town, prevent 

11 any member of tlie department from taking the day off at the time when 

12 he is entitled thereto, or at the time assigned therefor, provided that such 

13 day off shall be granted to him as soon thereafter as is practicable. In 

14 no case shall the number of such days off be less than twelve in each 

15 year in a town subject to section fourteen, or twenty-four in each year 

16 in a town subject to section fifteen, or forty-five in each year in a town 

17 subject to section sixteen, and they shall be in addition to any annual 
IS vacation now or hereafter allowed to members of the said departments, 
19 and such annual vacation shall not be diminished on account thereof. 



POLICE MATRONS. 

1 Section IS. In every city having a population of over thirty thou- PoUce matrons 

2 sand inhabitants as shown by the latest census, state or national, except Des'igQation. 

3 Boston, the mayor shall, and in any other city the mayor, and in Boston, ^gs7. 234. § 1. ■ 

4 the police commissioner, may designate one or more police stations for J^^s, isi. ^^ 

5 the detention and confinement of females under arrest, and for the 

6 detention and lodging of females not under arrest, within such city. Such 

7 mayor or police commissioner may at any time designate additional sta- 

8 tions, or may discontinue any stations so designated; but one such 

9 station shall always remain so designated, except in Boston. The police 

10 commissioner of Boston and the mayor of any other city shall appoint, 

11 as soon as may be after any station has been so designated, one or two 

12 police matrons to be attached thereto. 

1 Section 19. A woman shall not be appointed a police matron unless samc subject. 

2 she is suitable therefor and has been recommended in writing by at least offiJc'aaiary, 

3 ten women of good standing, residents of the city where the appoint- fgsy'.^asi, § 2. 

4 ment is to be made. A police matron may be removed by the mayor or jsss, isi. 

5 police commissioner, as the case may be, by written order stating the 

6 cause of removal. Upon her death, resignation or removal her successor 

7 shall be appointed as soon as may be. She shall receive a reasonable 

8 compensation, which shall be fixed, except in Boston, by the city council, 

9 and in Boston, by the concurrent action of the city council and of the 

10 police commissioner, and shall be paid by the city treasurer upon the 

11 requisition of the body fixing her compensation. If only one police 

12 matron is attached to a station, she shall reside within a reasonable 

13 distance thereof and shall be ready to respond to a call therefrom at any 

14 hour of the day or night. If two police matrons are attached to a station, 
1.5 the hours during which they shall respond to calls therefrom, respectively, 

16 shall be so fixed by the mayor or police commissioner that one of them 

17 shall be ready to respond at any hour of the day and night, and each such 

18 matron shall, during the hours so fixed for her, remain within a reason- 

19 able distance of such station and be ready to respond to any call there- 

20 from. One of such matrons shall remain constantly at the- police station 

21 to which she is attached, ready for service, so long as any female is 

22 detained, lodged or held under arrest therein. A police matron shall 

23 have the entire care and charge of all females held under arrest, detained 

24 or lodged in the station to which she is attached, and she may call upon 

25 the officer in command of such station for assistance. She shall be 

26 subject to the authority of the head of the police department of the 

27 city where she serves, and to the rules and regulations, consistent with 



1838 



PRIVATE DETECTIVES. 



[ClL\P. 147. 



sections eighteen to twenty, inclusive, which may be prescribed by such 28 
authority; but she shall not be subject to the control or direction of 29 
any police officer attached to a station except the officer in command 30 
thereof at the time. In every station to which a police matron is at- 31 
tached, the mayor or police commissioner shall, at the expense of the 32 
city, provide sufficient and proper accommodation for females held under 33 
arrest, detained or lodged therein. 34 

Same subject. SECTION 20. If a female is arrested and taken to a police station to 1 

Duties. -I'liiiri 

1887, 234, § 4. which a matron is attached or, if not under arrest, is detained or lodged 2 
R. l'. los', § 34. therein, the police officer there in command shall cause the matron to be 3 
summoned forthwith; and if in a city in which a police matron has been 4 
appointed, or in Boston, a female is arrested and taken to a station to 5 
which no matron is attached, or is received therein for the purpose of 6 
detention or lodging, such officer shall cause her to be removed as soon 7 
as possible to the nearest station to which a matron is attached, or in 8 
Boston, to the house of detention, and the city treasurer shall pay the 9 
reasonable expense of such removal upon the requisition of the head of 10 
the police department. Such removal of a female shall not deprive any 1 1 
court of any jurisdiction which it would otherwise have had. 12 

statin", Section 21. The words "police station" or "station" in the three 1 

difined" ' preceding sections shall mean any place in which persons are temporarily 2 
1887, 234, § 5. confined under arrest. 3 

R. L. 108, § 35. 



License. 
When required. 
1879, 305, § 7. 
P. S. 103, § 7. 
1898, 486. 
R. L. lOS, § 36. 
1919, 271, 
§§ 1. 10. 
217 Mass. 294. 



PRIVATE DETECTIVES. 

Section 22. No person shall engage in the business of or solicit busi- 
ness as a private detective, or the business commonly transacted by a 
private detective, under any name or title whatsoever, without first 
obtaining a license so to do as provided in sections twenty-three to 
thirty, inclusive. 

Op. A. G. (1919) 119. 



Same subject. 
To whom 
granted, 
assistants. 
1919, 271. § 2. 



Section 23. The said license may be granted by the commissioner 
to any reputable citizen of the United States, or to any firm or corpora- 
tion making written application therefor. The persons making the 
application shall be not less than twenty-one years of age, and shall 
have had at least three years' experience as investigators. The holder 
of a license may employ as many agents, operatives and assistants as 
may be deemed necessary by the licensee for the conduct of the business. 



Same subject. 
Application. 
1919, 271, §3. 



Section 24. Application for the license shall be made on blank forms 1 

to be furnished by the commissioner. The material facts stated in the 2 

application shall be verified by the oath of the applicants, or, in the case 3 

of corporations, by the oath of the resident manager or superintendent 4 

to whom the license may be issued. The application shall contain the 5 

certificates of at least three reputable citizens of the commonwealth, 6 

residing in the town where the applicant proposes in his application to 7 

establish his principal place of business, and said certificates shall be 8 

received as evidence of the good repute of the applicants, and as evidence 9 

that the representations made in the application are true. 10 



CHAI'. 147.] PRIVATE DETECTIVES. 1839 

1 Section 25. Tlie license shall be granted for one year, and shall f^^entaand 

2 state therein the name and address of the principal office or place of »^™- ^^j j ^ 

3 business of the licensee, and the name under which the licensed business 

4 is to be conducted. 

1 Section 26. For each license, the licensee, if an individual, shall f^'^'^^^^^td'" 

2 pay to the commissioner the sum of one hundred dollars annually, and, ^','^^^j2J^'g' |g^- 

3 if a partnership or corporation, the sum of two hundred dollars annually, 

4 and shall give to the commissioner a bond in the sum of five thousand 

5 dollars, executed by the applicant as principal and by a surety company 

6 authorized to do business in the commonwealth as surety. The bond 

7 shall be in such form as the commissioner may prescribe, conditioned 

8 upon the honest conduct of the business of the licensee, and the right 

9 of any person injured by the wilful, malicious or wrongful act of the 
10 licensee to bring in his own name an action on the bond. 

1 Section 27. A license may be revoked at any time by the commis- same subject. 

2 sioner for good cause sho^\'n; provided, that due notice shall have been 1919,271, §6. 

3 given to the licensee to appear before the commissioner to show cause 

4 why the license should not be revoked. 

1 Section 28. Any person who is or has been an employee of a licensee Penalty for 

2 and who divulges any information gained by him in the said employ- in7o"rmat1on or 

3 ment except as his employer may direct, or as he may be required by "pon^'"'^** 

4 law to do, or who wilfully makes a false report to his employer, shall be 24oVaV3'. 264. 

5 punished by a fine of not more than five hundred dollars or by imprison- 

6 ment for not more than one year, or both. 

1 Section 29. Any person other than an agent, employee or assistant Penalty for 

2 of a licensee hereunder, and any corporation acting as a private detective out'ifeense. 

3 without obtaining a license in accordance with sections twenty-three to r'I. jos'.'ss. 

4 thirty, inclusive, shall be punished by a fine of not more than five hun- fgj^ l^f^ ^ ^^• 

5 dred dollars or by imprisonment for a term not exceeding one year, or §5 9. 10. 

6 both ; but no corporation shall be liable to the said penalty if its resident 

7 manager or superintendent is duly licensed under said sections. 

1 Section 30. Sections twenty-two to twenty-nine, inclusive, shall not AppUnation of 

2 apply to any detective or officer belonging to the police force of the linntecr 

3 commonwealth, or of any subdivision thereof, while engaged in the per- ^®'^' '^^' ^ ^ 

4 formance of his official duties; nor to a charitable, philanthropic or law 

5 enforcement society or association duly incorporated under the laws of 

6 the commonwealth, nor to any agent thereof while engaged in the dis- 

7 charge of his duties as such agent, provided the society or organiza- 

8 tion is promoted and maintained for the public good and not for private 

9 profit; nor to any person employed by any person as an investigator in 

10 connection with the business of such employer, and whose services are 

11 not let out to another for profit or gain; nor to any regularly established 

12 credit reporting or mercantile agency. 

LIST OF police. 

1 Section 31. The clerk of each town in which a chief of police or city List of police 

2 marshal is apjjointed shall, within one week after such appointment, commissioner. 

3 notify the commissioner of the name of the person so appointed; and flgL^o. 



1840 



LICENSED BOXING MATCHES. 



[Chap. 147. 



R. L. los, the clerk of each town not having a chief of police shall annually, on 4 

1916, 241, § 1. October first, send to the commissioner the names of all the police officers 5 

and constables in such town. If he neglects or refuses so to do, he shall 6 

be punished by a fine of fifty dollars. ~ 



Unlicensed 
boxing matches 
forbidden. 
Penalty. 
Special 
licenses. 
1920, 619, § 3. 
Op. A. G 
(1920) 300. 



LICENSED BOXING MATCHES. 

Section 32. No boxing or sparring match or exhibition for a prize 1 

or a purse, or at which an admission fee is charged, either directly or in- 2 

directly, in the form of dues or otherwise, shall take place or be conducted 3 

in this commonwealth except in pursuance of a license granted as herein- 4 

after provided by the state boxing commission, in sections thirty-two 5 

to forty-seven, inclusive, called the commission. In no case shall any 6 

boxing or sparring match or exhibition occur on Sunday. Applications 7 

for the license shall be accompanied by such fee, not less than twenty-five 8 

nor more than eight hundred dollars, as the commission may establish 9 

on the basis of the population of the city or town in which the match or 10 

exhibition is to be held. Any persons holding, conducting, participating 11 

in or attending a match or exhibition held without a license, as provided 12 

in the following section, shall be punished by a fine not exceeding one 13 

hundred dollars or by imprisonment for a term not exceeding three 14 

months, or both. In the case of exhibitions or bouts held in accordance 15 

with the rules and regulations of such amateur organizations as may be 16 

approved by the commission, the commission may issue special licenses 17 

without the requirement of a bond as provided in section thirty-four or 18 

of payment of the annual fee. 19 



Licenses 
for boxing 
matches. 
1920, 619, § 4. 



Section 33. The commission may, subject to the provisions of sec- 
tions thirty-two to forty-seven, inclusive, issue licenses to conduct boxing 
or sparring matches and exhibitions, which shall expire on December 
thirty-first of the year of issue. 



Same subject. 

Bond. 

1920, 619, § 5. 



Section 34. No license as aforesaid shall be granted unless the 1 
licensee has executed and filed with the commission a bond in a penal 2 
sum of five thousand dollars, with such surety or sureties as shall be 3 
satisfactory to the commission, running to the commission, conditioned 4 
upon the payment to the commonwealth of the sums mentioned in section 5 
forty, and upon faithful compliance by the licensee with the provisions 6 
of sections thirty-two to forty-seven, inclusive, the rules and regulations 7 
of the commission, and with such other laws of the commonwealth as 8 
may be applicable to anything done by the licensee in pursuance of the 9 
license. The bond shall also provide for a forfeiture to the common- 10 
wealth, recoverable at the suit of the attorney general, of such sum, not 11 
exceeding one thousand dollars, as may be stipulated in the bond for 12 
each case of non-compliance. l-J 



official" '" Section 35. No person shall act, except at a purely amateur match 1 

1920, 619. § 6. Qj. exhibition, directly or indirectly, as physician, referee, judge, time- 2 
keeper, professional boxer or as manager, trainer or second of such a 
boxer, at a boxing or sparring match or exhibition unless licensed by the 
commission upon receipt of such classified fee, not exceeding twenty- 
five dollars, as the commission may fix. For the purposes of sections 
thirty-two to forty-seven, inclusive, a professional boxer is one who 
competes for a money prize or teaches or pursues or assists in the practice 



Chap. 147.] licensed boxing matches. 1841 

9 of boxing as a means of obtaining a livelihood or pecuniary gain. Phy- 

10 sicians who desire to officiate without charge at amateur boxing or 

1 1 sparring matches or exhibitions shall be licensed without charge. 

1 Section 36. At every boxing or sparring match or exhibition there Referee and 

2 shall be in attendance a referee, duly licensed under the provisions of i92o!cifl, § 7. 

3 sections thirty-two to forty-seven, inclusive, who shall direct and con- ■'■*•*'■ ■*^^' 5 1- 

4 trol the same. The referee shall have full power to stop the match or 

5 exhibition whenever he deems it advisable because of the physical con- 

6 dition of the contestants or one of them, or when one of the contestants 

7 is clearly outclassed by his opponent, or for other sufficient reason. The 
S referee shall dfclare forfeited any prize, remuneration or purse or any 
9 part thereof belonging to the contestants or one of them if, in the judg- 

10 raent of a majority of the judges and the referee, such contestant or con- 

11 testants are not or were not competing in good faith. There shall also 

12 be in attendance two duly licensed judges, and each' of said judges and 

13 the referee shall, at the termination of every such match or exhibition, 

14 vote for the contestant in whose favor the decision should, in his opinion, 

15 be rendered, and the decision shall be rendered in favor of the contestant 

16 receiving a majority of said votes. Upon the rendering of said deci- 

17 sion, the vote of each judge and the referee shall be announced from the 

15 ring. The fees of the referee and other licensed officials shall be fixed 

19 by said commission, and shall be paid by the licensed organization prior 

20 to the match or exhibition. 

1 Section 37. At any boxing or sparring match or exliibition there Physician. 

2 shall be in attendance a duly licensed physician, whose duty it shall be '^^°''^^^' ***• 

3 to observe the physical condition of the boxers and advise the referee or 

4 judges with regard thereto. Any competent physician who has had not 

5 less than three years' experience as a medical practitioner may be licensed. 

No boxer shall be permitted to enter the ring unless, not more than 

7 three hours before, a physician licensed under the provisions of sec- 

8 tions thirty-two to forty-seven, inclusive, shall certify in writing that 

9 the boxer is physically fit to engage in the proposed contest. The phy- 

10 sician's fee, as fixed by the commission, shall be paid by the licensee 

1 1 conducting the match or exhibition. 

1 Section .38. Boxing or sparring matches or exhibitions shall not Number 

2 exceed ten rounds in length, but if such matches or exhibitions are to cio™."''^' 

3 determine championships, they may, in the discretion of the commis- \ll°\ 43?; 1 1\ 

4 sion, exceed ten rounds in length but not fifteen. No round in any such 

5 match or exhibition shall exceed three minutes. No contestant, pro- 
() fessional or amateur, shall, except as aforesaid, participate in more than 
7 ten such rounds during any period of twenty-four hours; and no amateur 
S contestant shall participate in more than three contests between twelve 
9 o'clock noon of any day and twelve thirty o'clock in the morning of the 

10 next day. All amateur boxing or sparring matches or exhibitions held 

11 on any day shall terminate at or before twelve thirty o'clock in the 

12 morning of the next day. The contestants in professional matches or 

13 exhibitions shall wear, during the contest, gloves weighing at least six 

14 ounces each and in amateur matches or exliibitions, unless otherwise 
1.5 authorized by the commission, the contestants shall wear, during the 

16 contest, gloves weighing at least eight ounces each. Every boxer par- 



1842 



LICENSED BOXING MATCHES. 



[Chap. 147 



ticipating in a boxing or sparring match or exhibition shall be required 17 

to wear a standard protective device, to be approved by the commission. 18 

Age of Section 39. No contestant under eighteen shall be permitted to en- 1 

o?Bpenat'or8. gage in any boxing or sparring match or exhibition. No person under 2 

1920,61 , . gjjj^ggj, shall be admitted to or be present at any boxing or sparring 3 

match or exhibition. 4 



Payment 

to common- 
wealth. 
Report of 
proceeds, etc. 
1920, 619, § 11. 



Section 40. Every licensee holding or conducting any such boxing 1 

or sparring match or exhibition shall, within seventy-two hours after its 2 

conclusion, pay to the state treasurer a sum equal to five per cent of the 3 

total gross receipts from the sale of tickets or from admission fees ; pro- 4 

vided, that if such match or exliibition is conducted as an incidental 5 

feature in an event or entertainment of a different character, such portion 6 

of the total receipts shall be paid to the commonwealth as the commis- 7 

sion may determine or as may be fixed by rule adopted under section 8 

forty-six. Within said time the licensee shall furnish to the commission 9 

a report, duly verified by the treasurer and secretary, showing the exact 10 

number of tickets sold and admission fees collected for the contest, and 11 

the gross receipts thereof, and such other data as the commission may 12 

require. 13 



Tickets not 

to be sold 

beyond 

capacity of 

hall. 

1920, 619, § IS 



Section 41. No licensee under section thirty-three shall sell or cause 1 

to be sold or issued more tickets or invitations purporting to admit to 2 

any such match or exhibition, or otherwise admit to the same, more 3 

persons than are admissible according to the authorized capacity of 4 

the building, or part thereof actually used therefor. 5 



Revocation SECTION 42. Any Hccnse may be revoked or suspended by the com- 

or suspension , . „ ... » . . « ... 

of 'icense. mission for a violation of any provision of sections thirty-two to forty- 
seven, inclusive, or of any other law of the commonwealth or of any rule 
or regulation adopted by the commission or whenever the licensee has, 
in the judgment of the commission, been guilty of any act or offence 
detrimental to the public interest. 



Licensee 

not to have 

financial 

interest in 

boxer. 

1920, 619, § 14. 

1931, 437, § 3. 



Section 43. No licensee under section thirty-three shall have, 
directly or indirectly, any financial interest in a boxer competing on 
premises owned or leased by the licensee, or in which the licensee is 
otherwise interested. No contestant in such a match or exhibition 
shall be paid for services before the same are rendered. 



Witnesses 
before the 
commission. 
1920, 619, § 16. 



Section 44. The commission shall have the same authority to 
summon and require the attendance and testimony of witnesses as to 
all matters within its jurisdiction as is conferred upon city councils 
by section eight of chapter two hundred and thirty-three, and sec- 
tions nine, ten and eleven of said chapter sliall apply to witnesses so 
summoned. 



Superior court 

may enjoin 

unlicensed 

match. 

1920, 619, § 17. 



Section 45. The superior court shall have jurisdiction in equity 1 

upon any information filed by the commission, the attorney general, the 2 

district attorney for the district, the police authorities of the city or 3 

town where the boxing or sparring match or exhibition is held or is 4 

announced to be held, or by any five legal voters of the commonwealth 5 

stating that a certain building, tenement or place is used for boxing 6 



CllAI'. 147.] LICENSED HOXIN'G MATCHES. 1843 

7 or sparring matches or exhibitions by an indivithial, group, partner- 

8 ship, club, corporation or association not licensed under section thirty- 

9 three, or contrary to any provision of sections thirty-two to forty-seven, 

10 inclusive, or that a boxing or sparring match or exhibition is being ad- 

11 vertised or announced, or has been advertised or announced, to take 

12 place in a certain building or place, or that a certain individual, club, 
1.'^ corporation or association is selling, exchanging or giving away tickets, 

14 tokens or symbols purporting to entitle the holder to the right or privi- 

15 lege of attending a certain boxing or sparring match or exhibition not 

16 licensed by the commission and contrary to the provisions of sections 

17 thirty-two to forty-seven, inclusive, to enjoin and abate the same as a 

18 common nuisance. 

1 Section 46. The commissioner, in consultation with the other mem- Rules and 

2 bers of the commission, may make such rules and regulations for the Rlpon'""*' 

3 administration and enforcement of sections thirty-two to forty-seven, {93?; 42!; ^ '*' 

4 inclusive, as he may deem necessary, subject to the approval of the gov- ^ '^*^- 

5 ernor and council. Such rules and regulations may provide for and « 

6 regulate the granting of a special permit for exhibitions where no de- 

7 cision is to be rendered and where a skilled boxer or boxers merely dem- 

8 onstrate the science of boxing. The commissioner shall make an annual 

9 report to the general court of the acts of the commission. 

1 Section 47. The remainder of the sums received under section forty. Distribution 

2 after paying the expense to the commonwealth of administering sections ?ei"d°by com- 

3 thirty-two to forty-seven, inclusive, shall, annually on or before Novem- rMo^eig.'^s 19. 

4 ber first, be distributed by the state treasurer to the several towns in °i^20) 30b. 

5 proportion to the amounts collected from licensees acting therein under 

6 said sections. 

1 Section 48. Sections thirty-two to forty-seven, inclusive, shall be sections 32-47 

2 in force in any city or town which accepts said sections in the manner ckfe3*and°own3 

3 provided in the following section or has accepted corresponding pro- 01™*! "'"""'' 

4 visions of earlier laws in the manner provided therein and has not on '^^°' ®'^' ^ -" 

5 a resubmission under section fifty voted against said sections. 

1 Section 49. Sections thirty-two to forty-seven, inclusive, shall take Acceptance 

2 effect in a city if accepted by the voters at a city election ; provided, ' ' ^ " ' 

3 that a petition signed by not less than ten per cent of the registered 

4 voters is filed with the city clerk not less than thirty days before the 

5 election. Said sections shall take effect in a town on their acceptance 

6 by the voters at an annual or special town meeting, the question having 

7 been submitted upon a like petition; and the selectmen shall upon a like 

8 petition call a special town meeting for the purpose of voting upon such 

9 acceptance. 

1 Section 50. In any city or town in which the provisions of sections Resubmission. 

2 thirty-two to forty-seven, inclusi\-e, are in force, said sections shall again ' ' 

3 be submitted to the voters at any municipal election; provided, that a 

4 petition to that effect signed by not less than ten per cent of the voters 

5 is filed with the city or town clerk not less than thirty days before the 

6 election. If upon such resubmission the voters vote against said sec- 

7 tions, they shall cease to have effect in that city or town until reaccepted 

8 by the voters as provided in the preceding section. 



1844 



Certain pro- 
visions of law 
not applicable 
to boxing 
matches. 
1920, 619, § 22. 



STATE AND OTHER POLICE, ETC. FIRE PREVENTION. [ClIAPS. 147, 148. 



Section 51. Sections nine to twelve, inclusive, of chapter two hun- 
dred and sixty-five and section twenty-eight of chapter one hundred and 
eighty shall not apply to any boxing or sparring match or exliibition li- 
censed under section thirty-three and conducted under and in accord- 
ance with sections thirty-two to forty-seven, inclusive, and the rules 
and regulations issued under section forty-six. 



CHAPTER 148 

FIRE PREVENTION. 



Sect. 

1. Definitions. 

2. Duties of certain officials. 

3. Investigation of fires. 

4. Inspection of premi-ses, when author- 

ized. 

5. Entry upon premises and removal of 

combustible materials regulated. 
Penalty. 

6. Penalty for \'iolations of §§ 2-5. 

7. Report of fires. 

8. Report to insurance companies, etc. 

9. Rules and regulations for explosives. 

10. Submission and effective date of such 

rules and regulations. 

1 1 . Appropriation for expert assistance and 

laboratory. 

12. Manufacture of fireworks or fire- 

crackers. 

13. Licenses for storing, manufacturing, 

etc., explosives. Term, fee, revoca- 
tion, appeal. 
' 14. Inflammable fluids in motor vehicles. 

15. Penalty for violation of regulation rela- 

tive to transportation of explosives or 
inflammable fluids, etc. 

16. Penalty for violation of regulation rela- 

tive to storing, etc., explosives. 

17. Powers of courts. 

18. Inspectors of petroleum. 

19. Blasting bond. 

20. Actions on bond. 

21. Power of superior court. 

22. Damages for illegal use, etc., of ex- 

plosives. 

23. Keeping, using and storage of volatile 

inflammable fluids, etc., regulated. 

24. Storage, keeping or handling of com- 

bustible material. 

25. Salamanders. 

26. Automatic sprinklers. 

27. Penalty. 



Sect. 

28. Rules as to fires and fire protection. 

29. Orders to occupant or owner. 

30. Penalty. Jurisdiction of superior 

court. 

31. Appeals. 

32. Reports by fire insurance companies. 

33. Marshal to study fire hazard, fire pre- 

vention, etc. 

34. Penalty. 

35. Possession of bombs and explosives. 

Penalty. 

36. Notice of seizure. 

37. Tanks for storage of fluid. Penalty. 

38. Rules and regulations. 

39. Blank cartridges, toy pistols, fireworks, 

etc. 

40. Bonds by manufacturers, etc., of fire- 

w'orks. 

41. Same subject. Actions. 

42. Same subject. Public exhibitions. 

43. Same subject. Limitation of actions; 

pro rata paj'ment of claims. 

44. Same subject. Pyrotechnieal ship or 

railway signals, etc. 

45. Same subject. Penalty. 

46. Explosive stove polish. 

47. Penalty for violations of §§ 39, 46. 

48. Dangerous illuminating oils, etc. 

Penalties. 

49. Same subject. 

50. Search warrant for explosives illegally 

kept. 

51. Forfeiture of such explosives. 

52. Matches. 

53. Fire balloons. 

54. Dropping, etc., lighted cigarettes, etc., 

penalized. 

55. Explosive golf balls. 

56. Licensing of open-air parking spaces. 

Penalty. 



Definitions. 
1914, 79.5, § 1. 
1930, 399, § 1. 



Section 1. In this chapter the following words, unless a different 
meaning is required by the context or is specificallj" prescribed, shall 
have the following meanings: — 

"Commissioner", the commissioner of public safety of the common- 
wealth. 



Chap. 148.] fike prevention. 1845 

6 "Department", the department of public safety. 

7 "Division", the division of fire prevention of the department of 

8 public safety. 

9 "Head of the fire department", the fire commissioner, board of fire 

10 commissioners or fire engineers, or commissioner of public safety in those 

11 cities and towns having such an officer or officers; the chief executive 

12 officer of the fire dei)artment of each other city, town or fire district; and, 

13 in towns not luninjj a fire department, the chief engineer, if any, other- 

14 wise the chairman of the board of selectmen. 

15 " Inspector", an inspector or police officer of the department of public 

16 safety. 

17 "Local licensing authority", in towns, the board of selectmen; in 

18 Boston, the board of street commissioners; in other cities, the board of 

19 aldermen, or the licensing board or commission in cities wherein such a 

20 board or commission is authorized to grant licenses under this chapter. 

21 In case the board of aldermen or city council constitute such authority, 

22 any hearing required by this chapter may be held before a committee 

23 thereof. 

24 "Marshal", the state fire marshal. 

1 Section 2. Heads of fire departments in cities, towns or fire districts Duties of 

2 shall investigate the cause and circumstances of every fire in their officmis^ 

3 respective jurisdictions by which property has been destroyed or dam- \tm'. ili. 5 i. 

4 aged, especially to ascertain whether it was caused by carelessness or \lll\ lot ^ ^ 

5 design. They shall begin such investigation forthwith after such fire, ^902 U2^^' 

6 and if it appears to the official making such investigation that the fire ,n !• ?,-,. , , 

- • !■ • • • • • ii li c • 1 ^- ci ■e^ ■ ui 1903, 36o. §1. 

/ is of suspicious origin or is the result or a violation of law, or it he is unable 1904, 433, § 1. 

8 to determine the cause, he shall immediately notify the marshal. All §§]9,'2i.' 

9 other fires by which a loss is sustained shall, within forty-eight hours, §§ 161, 164. 

10 excluding Sundays and holidays, be reported in writing to the marshal, fgaoj u^s,"^ 

11 Reports required by this section shall be on forms furnished by the 1930 sg/^^ 1 

12 department, and shall contain a statement of all facts relating to the aioiiass. 275. 

13 cause and origin of the fire that can be ascertained, the extent of damage 

14 thereof, the insurance upon the property damaged, and such other 

15 information as may be required. The marshal shall keep in his office a 

16 record of all fires occurring in the commonwealth, with the results of 

17 such investigations, and such records shall be open to public inspection. 

1 Section 3. The marshal shall investigate or cause to be investigated '? fiTes.*''"™ 

2 the circumstances of all fires of suspicious origin of which he has notice, \llf Hf^ ^ ^■ 

3 except such fires occurring in the city of Boston, and may investigate l^jj 32 

4 or cause to be investigated the circumstances of any fire occurring 1902. 142. 

5 anjTvhere within the commonwealth. For such purposes the marshal, or iqos, a'es, 5 1- 

6 some person designated by the commissioner, may summon and examine 1919! 350! 

7 on oath, administered by the marshal or such person so designated, any ^'l' (ed. of 

8 person supposed to know or have means of knowing any material facts {gfo'sll'l * 

9 touching the subject of investigation. Such witnesses may be kept i^o'' i^n^ssG 

10 apart and examined separately, and such examination shall be reduced 

11 to writing, and false testimony therein shall be perjury. Any justice 

12 of a district court or of the superior court, upon application of the mar- 

13 shal, or person so designated, may compel the attendance of such wit- 

14 nesses and the giving of such testimony in the same manner and to the 

15 same extent as before said court. If, upon such investigation, the marshal, 

16 or person so designated, believes that the evidence is sufficient to charge 



1846 



FIRE PREVENTION. 



[Chap. 148. 



any person with crime, he shall make a complaint therefor, and shall 17 
furnish the proper officers with the evidence and names of witnesses 18 
obtained by him. The marshal shall, when required, report to the 19 
commissioner of insurance his proceedings and the progress of prosecu- 20 
tions instituted hereunder. In respect to fires of suspicious origin 21 
occurring in the city of Boston, the fire commissioner of said city shall 22 
have and exercise all the powers and duties conferred or imposed by 23 
this section on the commissioner or on the marshal, and any person 24 
designated by the said fire commissioner shall have and exercise all the 25 
powers and duties conferred or imposed as aforesaid on such person as 26 
the commissioner is hereinbefore authorized to designate. The fire 27 
commissioner shall report to the marshal the results of any investigation 28 
as to such fires held by said commissioner or by a person designated by 29 
him. 30 



Inspection of 
premises, when 
authorized. 
1894,444, §4. 
R. L. 32, § 4. 
1902, 142, 
§§1.2. 

1903,365, § 1. 
1905,433, § 1. 
1914, 795, § 17, 
1919, 350, 
§ 104. 

G. L. (ed of 
1920) 148, 
§§ 5, 44. 
1930,399, § 1. 



Entry upon 
premises and 
removal of 
combustible 
materials 
regulated. 
Penalty. 
1894, 444, § 5. 
R. L. 32, § 5. 

1902, 142, 
§§1.2. ^ 

1903, 365, § 1. 

1904, 433, § 1. 
1914, 795, § 8. 

1919, 350, 
§ 104. 

1920. 436. 
G. L. (ed. of 
1920) 148, 
§§8,34. 

1928, 277, § 2. 

1929, 205, § 3. 
1930,399, § 1. 
1 Op. AG. 211 



Section 4. The marshal, an inspector, the head of the fire depart- 
ment, or any person to whom the marshal or the head of the fire depart- 
ment may delegate the authority, may, in the performance of the duties 
imposed by this chapter, or in furtherance of the purpose of any provision 
of any law, ordinance or by-law relating to the subject matter of this 
chapter, or of any rule or regulation of the department, or any order of 
the marshal or head of the fire department, enter at any reasonable hour 
any building or other premises, or any ship or vessel, to make inspection 
or investigation, without being held or deemed to be guilty of trespass. 



Section 5. The marshal, the head of the fire department or any 
person to whom the marshal or the head of the fire department may 
delegate his authority in writing, may, and upon complaint of a person 
having an interest in any building or premises or property adjacent 
thereto, shall, at any reasonable hour, enter into buildings and upon 

premises, which term for the purposes of the remainder of this section 6 

shall include alleys adjacent thereto, within their jurisdiction and make 7 

an investigation as to the existence of conditions likely to cause fire. 8 

They shall, in writing, order such conditions to be remedied, and when- 9 

ever such officers or persons find in any building or upon any premises 10 

any accumulation of combustible rubbish, including waste paper, rags, 11 

cardboard, string, packing material, sawdust, shavings, sticks, waste 12 

leather or rubber, broken boxes or barrels or other refuse that is or may 13 

become dangerous as a fire menace or as an obstacle to easy ingress into 14 

or egress from such buildings or premises, they shall, in writing, order the 15 

same to be removed or such conditions to be remedied. Notice of such 16 

order shall be served upon the owner, occupant or his authorized agent. 17 

If said order is not complied with within twenty-four hours, the person 18 

making such order, or any person designated by him, may enter into 19 

such building or upon such premises and remove such rubbish or abate 20 

such condition at the expense of such owner or occupant. Any expense 21 

so incurred by or on behalf of the commonwealth or of any city or 22 

town, shall be a lien upon such building or premises, effective upon the 23 

filing in the proper registry of deeds of a claim thereof signed by such 24 

person and setting forth the amount for which the lien is claimed; and 25 

the lien shall be enforced within the time and in the manner provided 26 

for the collection of taxes upon real estate. Any such owner or occu- 27 

pant who fails or refuses to comply with said order shall be punished 28 

by a fine of not more than fifty dollars for each consecutive forty-eight 29 



Chap, l-is.] fire prevention. 1847 

30 hours during which such faikire or refusal to comply continues. Neither 
81 this section nor section four shall authorize entry into a one-family or 
32 two-family dwelling without the consent of the occupant. 

1 Section 0. Any city, town or district officer who wilfully neglects Penalty for 

2 or refuses to comply with any duty or requirement imposed ujjon him §§"2-5°"^ ° 

3 by the preceding sections shall be punished by a fine of not less than 1894; 444] § e! 

4 twenty-five nor more than two hundred dollars. 

li. L. 32, § 6. G. L. (ed. of 1920) 148. § 7. 1930. 399, § 1. 

1 Section 7. The marshal shall submit annually, before February Report of 

2 fifteenth, a detailed report of all official action in relation to fires to the 1886,354, 57. 

3 commissioner of insurance, who shall embody the material portions §§8,' 9. ' 

4 thereof in his annual report. 

R. L. 32, § 8. 1904, 433, § 1. G. L. (ed. of 1920) 148, § 8. 

1902, 142, §§ 1, 2. 1919, 350, § 101. 1930, 399, § 1. 

1903, 365, § 1. 



1 Section 8. The marshal shall report to insurance companies, to Report to 

2 owners of property, or to other persons interested in the subject matter panies, etc. 

3 of an investigation of the cause and circumstances of a fire any informa- o. l'. (ed! of ' 

4 tion obtained by such investigation which may in his opinion require Jglo! .399,' § i.' 

5 attention from or by such insurance companies, owners of property or '^^'' ^^'■^^ ^ ^■ 
G other persons. The fire commissioner of the city of Boston shall make 

7 like reports of fires investigated by him or by a person by him designated 
<S under section three. The marshal shall also report to the head of the 
9 fire department the results of any investigation into fires of suspicious 
10 origin reported to him by such head as required by section two. 

1 Section 9. The department shall make rules and regulations for the Rules and 

2 keeping, storage, use, manufacture, sale, handling, transportation or explosives. 

3 other disposition of gunpowder, dynamite, crude petroleum or any of i877;2l6, 

4 its products, or explosive or inflammable fluids or compounds, tablets, iItI',!'. 

5 torpedoes or any explosives of a like nature, or any other explosives, ^^ li.^62! 63. 

6 fireworks, firecrackers, or anv substance having such properties that it R L- 102, 

_ , ." 1 I • ri 1- • 8 8 »7, 88, 94, 

7 may spontaneously, or acting under the iniiuence or any contiguous 99. 100. 

8 substance, or of any chemical or physical agency, ignite, or inflame or §u..'2. 

9 generate inflammable or explosive vapors or gases to a dangerous extent, 1910! sas! sss, 

10 and may prescribe the location, materials and construction of buildings q L'.ted. of 

1 1 to be used for any of the said purposes, except that cities and towns may {92?' 273' ^ ^°' 

12 by ordinances or by-laws prohibit the sale or use of fireworks or fire- ^g:jo^3|g .j 

13 crackers within the city or town, or may limit the time within which 107 Mass! iss. 

14 firecrackers and torpedoes may be used. Such rules and regulations i89 Mass! 377! 
1.5 shall require persons keeping, storing, using, selling, manufacturing, ^^ ^'^' 

16 handling or transporting dynamite or other high explosives to make 

17 reports to the department in such particulars and in such detail that the 

15 quantity and location thereof will always be a matter of authentic 

19 record in the department. Cities and towns may also make and enforce 

20 ordinances and by-laws, not inconsistent with said rules and regula- 

21 tions, relative to the subject matter of this section, in addition to such 

22 as it may make as aforesaid relative to fireworks and firecrackers. 

1 Section 10. The marshal shall submit to the commissioner rules Submission and 

2 and regulations required to be made by the department under any of such rules 

3 the provisions of this chapter and shall, upon request of the commis- i9'i9'!3Tor§'io4! 



1848 



FIRE PRE\-EN'TION. 



[Chap. 148. 



G. L. (ed. of sioner, so submit rules and regulations which the department is author- 
im 399.' 1 1-^' ized to make hereunder, and the same shall take efYect, subject to sec- 
tion thirty-seven of chapter thirty, when approved by the commissioner 
and by the governor and council, and on such dates as the governor 
and council may fix. 



Appropriation 
for expert as- 
sistance and 
laboratory. 

1914, 421, § 1. 

1915, 220. 
1916,65, § 1. 
191S, 275, § 4. 
G. L. (ed. of 
1920) 148, § 12. 
1921, 255. 
1924, 39S. 
1930, 399, § 1. 



Section 11. The commissioner may expend the amount annually 
appropriated for the emplojanent of expert assistance, and also for 
maintaining a laboratory to aid in the enforcement of the laws relative 
to explosives and inflammable fluids and compounds. Expert assistants 
employed under this section shall aid in the enforcement of all laws, 
rules and regulations which it is the duty of the department to administer 
and enforce, and shall perform such other duties as the commissioner 
may prescribe. Said expert assistants shall be exempt from chapter 
thirty-one and the rules and regulations made thereunder. 



Manufacture 

of fireworks or .,-|. p iiiT* xt_ 

firecrackers. works or firccrackers without a license from the local licensing authority 

1910, 665, § 2. -i f il 1 1 

and a permit from the marshal. 

G. L. (ed. of 1920) 14S, § 13. 1930, 399. § 1. 



4 
5 
6 

7 
8 

1 

2 
3 
4 
5 
6 
7 
8 
9 



Section 12. No building shall be used for the manufacture of fire- 1 

9 



Licenses for 
storing, manu- 
facturing, etc., 
explosives. 
Term, fee, 
revocation, 
appeal. 

1866, 285, § 2. 
1869, 152, § 6. 
P. S. 102. § 73. 
R. L. 102, 
§ 114. 

1904, 370, § 3. 

1905, 280, § 1. 
1908, 502, § 1. 
1910,223, § 1. 
1913, 452, § 1. 
1916, 162. 

G. L. (ed. of 
1920) 148, § 14. 
1921, 485, § 3. 

1924, 254. 

1925, 335. § 1. 
1928,260, § 1; 
32.5, § 1. 
1930, 399, § 1. 
168 Mass. 388. 
185 Mass. 64. 
190 Mass. 2S0. 
217 Mass. 185. 
258 Mass. 508. 
260 Mass. 548. 
271 Mass. 565. 

3 Op. A. G. 52. 

4 Op. A. G. 405, 
426. 

Op. A. G. 
(1920) 134, 148. 



Section 13. No building or other structure shall, except as pro- 1 

vided in section fourteen, be used for the keeping, storage, manufacture 2 

or sale of any of the articles named in section nine, except fireworks, 3 

firecrackers and torpedoes, unless the local licensing authority shall have 4 

granted a license therefor after a public hearing, notice of the time and 5 

place of which hearing shall have been given, at the expense of the 6 

applicant, by the clerk of the city or of the local licensing authority, by 7 

publication, not less than seven days prior thereto, in a newspaper 8 

published in the representative district, if there is any published in the 9 

English language therein, otherwise in the city or town, wherein the 10 

land on which such license is to be exercised is situated, and also by the 1 1 

applicant by registered mail, not less than seven days prior to such 12 

hearing, to all owners of real estate abutting on said land, and unless the 13 

application for such license shall have endorsed thereon the certificate 14 

of approval or disapproval of the head of the fire department; provided, 15 

that any building or other structure once used untler a license granted 16 

as aforesaid, or any building or other structure lawfully used for any of 17 

said purposes, may be continued in such use from year to year if the 18 

owner or occupant thereof shall annually, on or before April thirtieth, 19 

while such use continues, file for registration with the clerk of the city 20 

or town where such building or other structure is situated, or in Boston, 21 

with the fire commissioner, a certificate reciting such use and occupancy ; 22 

and provided, further, that any building used as a garage for storing not 23 

more than three vehicles, when once used under such a license, or law- 24 

fully used for such purpose, may be continued in such use from year to 25 

year without such annual registration, and continuous use and occupancy 26 

thereof for such purpose shall be presumed. The department may by 27 

regulation prescribe the amount of ammunition, crude petroleum or 28 
any of its products or of any other inflammable fluid or compound, that 29 

may be kept for pri\ate use in a building or other structiue without a 30 
license and registration, or either of them. Every license issued here- 31 

under shall expire on April thirtieth following the date of issue, and 32 
registrations hereunder shall be ett'ected on or before April thirtieth to 33 



Chap. US.] fike prevention. 1849 

34 take effect on INIay first following. Such fee as may be established from 

35 time to time by ordinance or by-law may be charged for any such 

36 license, registration or certificate of the head of the fire department, 

37 respectively; provided, that the fee for such registration shall be not 

38 more than one half of the amount of the fee for such a license. 

39 The right to use a building or other structure for any of said purposes 

40 may be revoked for cause, after notice and a hearing given to such owner 

41 or occupant, by the local licensing authority, or by the marshal. Such 

42 building or structure shall always be subject to such alterations in con- 

43 struction and to such regulations of its use in respect to protection 

44 against fire or explosion as the department may prescribe. 

45 Any person aggrieved by the granting of a license hereunder on the 

46 ground that the exercise thereof would constitute a fire or explosion 

47 hazard may, within ten days after the granting thereof, appeal to the 

48 marshal who, after notice and hearing, shall finally determine whether 

49 such a hazard would result. If, in his opinion, such a hazard would 

50 result he shall notify the authority granting the license, who shall forth- 

51 with revoke the same. 

1 Section 14. Gasoline or any other volatile inflammable fluid which inflammable 

2 emits a vapor at a temperature below one hundred degrees Fahrenheit mofoVvehicies. 

3 when tested in the open air shall, when in any motor vehicle which is in G^'tld'of'' 

4 a building or other structure, be deemed to be kept in such building or !S^?' }i?- 1 ]^- 
p. I ... I • i» , T - ly^i, 4»o, s 1. 

5 other structure withm the meaning of the precedmg section; provided, 1930,399, § 1. 

6 that this section shall not apply to any building in existence on July "^ 

7 first, nineteen hundred and eleven, in which not more than two auto- 

8 mobiles or motor vehicles are kept, if such building or part thereof is 

9 not used either for human habitation or for holding gatherings of more 

10 than twenty persons, or for giving entertainments, instruction or em- 

1 1 ployment to more than that number. 

1 Section 15. \^1ioever knowingly violates or knowingly causes or Penalty for 

2 permits the violation of any regulation adopted and prescribed for the ^glSltion"' 

3 transportation of gunpowder and other explosives or explosive or in- [riMpomtion 

4 flammable fluids or compounds shall be punished by a fine of not more °' e^tgiosives 

_ ,, ^, 1 1 11 1 • • ,■ , or mflammable 

.) than one thousand dollars or by imprisonment tor not more than one fluids, etc. 

/' I J.1 1871, 6. § 4. 

t) year, or both. 

1877, 216, §6. 1910,588,55 1.4. 1921, 4S.i, § 1. 

P. .S. 102. § 64. G. L. (ed. of 1920) 1930, 399, § 1. 

R. L. 102, § 101. 148, § 17. 

1 Section 16. Whoever keeps, stores, uses, manufactures, sells, ban- Penalty for 

2 dies or otherwise disposes of any of the articles mentioned in section JeglSSn' 

3 nine, in violation of section twelve or thirteen or of any regulation, ordi- stlriLr etc 

4 nance or by-law made under section nine, or whoever violates any regu- fgM"^™*'?^ 

5 lation made under section thirteen, shall, except as provided in sections 100.5! 28o,' §3' 

6 fifteen and thirty-five and in section one hundred and two A of chapter §§2.' 5. ^' 

7 two hundred and si.xty-six, be punished by a fine of not more than one imo! m 1 1. 

8 hundred dollars or by imprisonment for not more than one month, or 

9 both. 

1 Section 17. The supreme judicial or superior court may restrain Powers 

2 the erection, occupation or use of a building in violation of section thirteen i894,"399, 5 5. 

3 or of any regulation made thereunder. 

R. L. 102, 5 117. 1921,485,6 1. 

G. L. (ed, of 1920) 148, § 18. 1930, 399. § 1. 



1850 



FIRE PREV'ENTION. 



[Chap. 148. 



Inspectors of 
petroleum. 

1866, 262, 
§§ 1.2.3, 5. 

1867, 286, 
§§1.2. 

1869, 152. §§ 1, 
11; 345. § 2. 
P. S. 59, 
§§6.7. 
1,SS2, 250. 
1885. 122. 
§§1.2. 
R. L. 102. 
§§ 109-112. 
1911. 204, 
§§1-3. 
G. L. (ed. of 
1920) 148, 
§§ 20-23. 
1921, 485, § 1. 
1930, 399, § 1. 
118 Mass. 548. 



Section 18. The mayor of a city and the selectmen of a town shall 1 

annually appoint one or more inspectors of petroleum, who, before 2 

entering upon their official duties, shall be sworn, and who shall not be 3 

interested in the manufacture, sale or distribution of petroleum or any 4 

products thereof. Said inspectors shall enforce in their respective cities 5 

and towns the rules and regulations of the department relative to the G 

selling or keeping for sale, for illuminating, heating, power or cooking 7 

purposes, of kerosene, petroleum or any product thereof. Their com- 8 

pensation shall be fixed in cities by the aldermen and in towns by the 9 

selectmen, and shall be paid by the city or town. Cities and towns may 10 

establish reasonable fees for inspections required by said rules or regu- 11 

lations, payable into the city or town treasury unless otherwise pro- 12 

vided by ordinance or by-law. 13 



i'9if'325''Ti' Section 19. Before the issue of a permit to use an explosive in the 
191*' J55' y- blasting of rock or any other substance as prescribed by the department, 
1920) 148, § 24. the applicant for the permit shall file with the clerk of the city or town 

1930, 399. §1. , ^^., ,, .. . r 1 1 1 1 • , .1 •■ 



where the bla.sting is to be done a bond running to the city or town 
with sureties approved by the treasurer thereof, for such penal sum, not 
exceeding ten thousand dollars, as the marshal or the officer granting 
the permit shall determine to be necessary in order to cover the risk of 
damage that might ensue from the blasting or its keeping therefor; 
provided, that the marshal or the officer granting the permit may deter- 
mine that a single and blanket bond in a penal sum not exceeding fifteen 
thousand dollars is sufficient to cover the risk of damage from all blast- 
ing operations of the applicant, either under the permit so issued or under 12 
future permits to use explosives in blasting operations. The bond shall 13 
be conditioned upon the payment of any loss, damage or injury resulting 14 
to persons or property by reason of such blasting or keeping. 1.5 



1 
2 

3 

4 
5 
6 
7 
8 
9 
10 
11 



Actions oa SECTION 20. Action on a bond filed under the preceding section 1 

G ^L ?^d' ^^' ™^y ^^ brought by any person to whom loss, damage or injury has 2 

1920) 148. § 25. resulted by reason of such blasting or keeping, and shall be brought in 3 

the name of, and for the use and at the cost and expense of, such person; 4 

but in no event shall action be brought on the bond for personal injury 5 

of an employee of the person receiving the permit. If claims on any 6 

bond are established to an amount greater than the penal sum thereof, 7 

such claims shall be paid pro rata to the amount of the penal sum, and 8 

executions shall issue accordingly. 9 



Power of su- 
perior court. 
1899, 242. 
R. L. 102, § 95. 

1904, 370, § 1. 

1905, 280, § 1. 
1914, 795. § 3. 
1916. 138. 

G. L. (ed. of 
1920) 148, § 26. 



Section 21. The superior court shall have jurisdiction in equity, 
upon the petition of the commonwealth or of a city or town, to enforce 
the laws of the commonwealth and the regulations of the department 
relative to the blasting of rock, stone or other substance with any ex- 
plosive. 

1930, 399, 5 1. 



inegiiufe'""^ Section 22. Whoever suffers injury by the explosion of an explosive 

etc, of ex- which is being kept or transported contrary to the provisions of this 

1877, 216, § 10. chapter or of the regulations of the department may recover damages 

R. L. io"2. ' therefor in tort against the persons who so violate said provisions or 
§ 103. , , . 

1904. 370, § 1. regulations. 

1905. 280. § 1. 1916. 138. 1930. 399. § 1. 

1914. 795. §3. G. L. (ed. of 1920) 148, § 27. 189 Mass. 377. 



1 

2 
3 
4 
5 



ClLVP. 148.] FIUE PREVENTION'. 1851 

1 Section 2.3. No volatile inflammable fluid except an amount not iCeepinE. using 

2 exceeding one quart contained in an approved safety can and no non- o"voioTihf?n- 

3 volatile inflammable fluid except an amount not cxceedins; ten s^'lons flSid^eti". 

4 for domestic use shall he kept, used or stored in any part of any building jg^j'^'^gj' 5 g 

5 used for habitation, and no \()latile inflammable fluid in quantity exceed- ^. l (ed. of ^ 

6 ing one gallon contained in an approved safety can, and no non-volatile is?*. 325.' § 2"' 

7 inflammable fluid in quantity exceeding thirty gallons, shall be kept, 4 op! a. '6.397. 
S used or stored, except in the tank of an automobile, motor boat or sta- 

9 tionary engine, within fifty feet of any building used for habitation, 

10 unless a permit has first been obtained therefor from the head of the 

1 1 fire department under such terms and conditions as he may prescribe. 

1 Section 24. No part of any building used for habitation nor that storage, keep- 

2 part of any lot within fifty feet of any building so used shall, except as dimrof'com- 

3 permitted by section twenty-three, be used for the storage, keeping or m'ij'uriai. 

4 handling of any article or material that is or may become dangerous to q 'l' (el' I/' 

5 the pubjic safety as a fire menace, and no part of any such building Jgjs^ g.^? • ||''' 
() shall be used as a carpenter shop or paint shop, nor for the storage, i93o! 399! § i. 
7 keeping or handling of excelsior, shavings, sawdust, cotton, paper stock, 

>S feathers or rags, except under such terms and conditions as the head 
9 of the fire department may prescribe in writing. 

1 Section 25. No salamander or stove for drying any construction Salamanders. 

2 material shall be used in any building except under such conditions as g. l'. led.' of ' 

3 may be prescribed by the marshal; and no such salamander or stove IgioJ 399,' | ?!* 

4 shall be set upon a wooden floor unless it is raised above the floor at least 

5 four inches and set upon brick or other incombustible material in a bed 

6 of sand at least two inches thick, spread upon the floor and covering an 

7 area of at least two feet in all directions larger than the area of the 

8 salamander or stove. 

1 Section 26. Any building used in whole or in part for the business Automatic 

2 of woodworking, or for the business of manufacturing or working upon ig™, ygs, § 10. 

3 wooden, basket, rattan or cane goods or articles, or tow, shavings, fg2o) 'us, f 36. 

4 excelsior, oakum, rope, twine, string, thread, bagging, paper, paper jw'ai's!!' 137 

5 stock, cardboard, rags, cotton or linen, or cotton or linen garments or 4 0p a. g.oss. 
G goods, or rubber, feathers, paint, grease, soap, oil, varnish, petroleum, 

7 gasoline, kerosene, benzine, naphtha or other inflammable fluids or 

8 compounds, and any building used in whole or in part for the business 

9 of keeping or storing any such goods or articles except in such small 

10 quantities as are usual for domestic use or for use in connection with and 

11 as incident to some business other than such keeping or storing, shall, 

12 upon the order of the marshal, be equipped with automatic sprinklers; 

13 provided, that no such order shall apply to any building unless four or 

14 more persons live or are usually employed therein above the second 

15 floor. 

1 Section 27. Any owner of a building who, within six months after Penalty. 

2 having received an order from the marshal under the preceding section, g.'l. (ed.' of'^' 

3 fails to comply with the requirement of such order shall be punished by Jg^oJ 39I; 1 1^ 

4 a fine of not more than one thousand dollars. 



1 Section 28. The department shall make such regulations, and the Ruie.sasto 

5rea and fir 
protection. 



2 head of the fire department shall make such orders or rules not incon- ^""' ""'^ '^"^ 



1852 



FIRE PREVENTION. 



IChap. 148. 



1914, 795, § 13. sistent therewith, as may be necessary for tlie purpose of remedying any .3 

?920) u8,°§39. condition found to exist in or about any building or other premises or 4 

Jg^l.Y/s.^^ on any ship or vessel in respect to fires, the prevention of fire and fire 5 

1/4'k^^"' hazard, but limited, except as otherwise provided, to the following 6 

1930; 399^ 5^15 subjects:— _ _ 7 

Op. A. G. ' A. Requiring the keeping of portable fire extinguishers, buckets of 8 

water or other portable fire extinguishing devices on any premises by the 9 

occupant thereof, and prescribing the number and situation of such 10 

devices. 11 

B. Causing obstacles that may interfere with the means of access or 12 
exit or with the operations of the fire department in case of fire to be 13 
removed from floors, halls, stairways and fire escapes. 14 

C. The removal of any vessel moored to or anchored near any dock 15 
or pier if such vessel is in danger of catching fire, or is by reason of its 16 
condition or the nature of its cargo a menace to shipping or other prop- 17 
erty. 18 

D. The cleaning of chimney flues and smoke and vent pipes and 19 
incinerators, and the installation of spark arresters in incinerators and 20 
in chimneys connected with permanent wood-burning furnaces. 21 

E. The keeping of covered metal containers as receptacles for waste 22 
paper, oily rags and oily waste, and metal containers for ashes. 23 

F. The use of self-closing safety cans of a t^^pe approved by the 24 
marshal for the keeping of volatile inflammable liquids. 25 

G. Prohibiting or regulating the storage in any lot, building, shed, 26 
enclosure or other structure, of any empty packing boxes, cases, or 27 
barrels in such quantity as to amount to a fire hazard, and regulating the 28 
height of piles of lumber in lumber yards. 29 

H. Prohibiting the fumigation of warehouses, factories or com- 30 
mercial buildings by the use of any volatile inflammable liquid, or any 31 
material requiring flame, without a permit from the marshal or the head 32 
of the fire department. 33 

I. Prohibiting or regulating smoking in factories, workshops, mer- 34 
cantile establishments, docks, wharves and warehouses. 35 

J. Requiring and regulating fire drills for employees of hospitals, 36 
theatres and other places of public amusement, and in public and private 37 
schools. 38 

K. Requiring proper safeguards to be placed and maintained about 39 
or over roof skylights and about outer or inner courts or shafts at the 40 
roof line. 41 

L. Prohibiting or regulating inflammable decorations in stores, halls 42 
and places of public assembly. 43 



Orders to 
occupant or 
owner. 

1914, 795, § 22 
G. L. (ed, of 
1920) 148, § 41 
1930, 399. § 1. 
243 Mass. 137. 
4 Op. A. G. 572 



Section 29. If buildings or other premises are owned by one person 1 
and occupied by another under lease or otherwise, the orders of the 2 
marshal or head of the fire department shall apply to the occupant 3 
alone, except where the rules or orders require the making of additions 4 
to or changes in the premises themselves, such as would immediately 5 
become real estate and be the property of the owner of the premises. 6 
In such cases the rules or orders shall aft'ect the owner and not the occu- 7 
pant; and unless it is otherwise agreed between the owner and the 8 
occupant, the occupant whose use of the premises has caused the making 9 
of such additions or changes, in addition to his rent or other payments, 10 
shall, after the additions or changes are made, pay a reasonable per cent 11 
of the cost thereof annually to the owner of the premises. No rule or 12 



Cll.U'. 14.S.] FIR?: PKEVEXTIOX. 1853 

13 order shall be made or enforced wiiioh requires an expenditure by the 

14 owner or occupant of more than fi\e per cent of the last annual assessed 

15 valuation of the buildings to which such rule or order relates. 

1 Sfxtion 30. Violation of any lawful rule, order or regulation of the Penalty. 

2 department or of any lawful rule or order of the marshal or of the head 8u™rior'court. 

3 of a fire department, punishment whereof is not otherwise provided for, g"l'. (cd.' of '^' 

4 shall be punished by a fine of not more than ten dollars for each day Jalo'sll'iP' 
,5 during which such violation continues after notice to the ofi'ender. Such issi' 162! 

fi notice may be given by personal service or by posting the same in a 

7 conspicuous place on the premises affected thereby. The superior court 

8 shall have jurisdiction in equity to enforce any lawful rule, order or 

9 regulation of the department, or any lawful rule or order of the marshal 

10 or of the head of a fire department, upon application respectively of the 

1 1 commissioner, the marshal or the head of the fire department. 

1 Section 31. Any person aggrieved by any act, order or decision of f9'i''4^*793, 5 ig. 

2 the head of a fire department, or other person or persons acting or pur- f^.^^ ["^^ "'^^ 

3 porting to act under authority derived from this chapter, except section lH^i?^^' I A- 

4 five, or any rule or regulation thereunder, may appeal to the marshal, 271 Mass. soe! 

who shall make all necessary and proper orders thereon, but only in so 6p. a. g.' 
G far as the appeal presents a direct question of fire or explosion hazard. 134^302^' 

7 Such appeal shall be filed with the marshal not later than ten days fol- 

8 lowing the act, order or decision appealed from. 

1 Section 32. The marshal may require every fire insurance company Reports by 

2 authorized to transact business in the commonwealth to report to him, mmpi^ea"^^ 

3 through the secretary or some other officer of the company designated q/l. (ed! of^''' 

4 by the board of directors, such information as he may deem desirable Jgso'sll'ft^' 

concerning all fire losses on property insured in such company. Every 

6 insurance company adjusting a fire loss shall forward forthwith to the 

7 marshal a written statement of the amount of such adjustment on build- 

8 ing and contents. 

1 Section 33. The marshal shall study fire hazard and fire prevention Marshal to 

2 and all matters relating thereto, hear suggestions and complaints from hazard, fce 

3 all persons and from all cities and towns, advise with the officers of such i9u!795!''§''24: 

4 cities and towns and make suggestions to the general court and to the ^gg^j ^j^"^ °^^g 

5 cities and towns looking to the improvement of the laws, ordinances and i930, 399, 5 1. 
G by-laws relating to fire departments, construction of buildings, building 

7 or fire limits, use and occupation of buildings and other premises, pro- 

8 tection of existing buildings, fire escapes and other life-saving devices, 

9 segregation and licensing of trades dangerous by reason of fire hazard, 

10 and all other matters relating to fire prevention and fire hazard. 

11 The marshal may order the head of a fire department to assist, in his 

12 jurisdiction, in carrying out the provisions of this chapter. 

1 Section 34. Except as otherwise provided, any person violating any PenaUy._ 

2 provision of this chapter shall be liable to a fine of fifty dollars, or, in g.'l. ced.' of 

3 case of a continuing offence after notice of such violation, to a fine of not {930^ 399,' 1 1^' 

4 more than ten dollars for every day during which the violation continues. 

1 Section 35. No person shall have in his pos.session or under his possession of 

2 control any bomb or other high explosive, as defined by the rules and M^oslves. 



1854 



FIRE PREVENTION. 



[Chap. 148. 



Penalty. 
1847, 51. 
1877. 216, 
§§ 1-3. 
P. S. 102, 
§§ 59-61. 
R. L. 102, 
§§96-98. 

1904, 370. 

1905, 280. 
1913, 452. 
1919, 323, 
I§1, 3. 

G. L. (cd. of 
1920) 148, § 52. 



regulations made under section nine, contrary to the provisions of this 3 

chapter or of any rule or regulation made thereunder. Whoever violates 4 

this section shall be punished by a fine of not more than one thousand 5 

dollars, or by imprisonment for not more than two and one half years, 6 

or both, and any bomb or explosive found in his possession or under his 7 

control on such violation shall be forfeited to the commonwealth. Any 8 

officer qualified to serve criminal process may arrest without a warrant 9 

any person violating this section. 10 

1930, 309, § 1. 



Notice of 
seizure 



Section 36. Notice of the seizure of any bomb or explosive found in 
191T323, § 2. the possession or under the control of any person in violation of the 
?920) 148, °§ 53. preceding section shall immediately be sent to the marshal by the officer 
1930, 399, § 1. j^jj].ij^g ^j^g seizure, and, upon final conviction of such person, such bomb 
or explosive shall be adjudged forfeited to the commonwealth and de- 
livered to the marshal or his authorized representative and disposed of 
at his discretion. 



1 

2 

3 
4 
5 
6 

7 



Tanks for SECTION 37. No pcrson shall construct, maintain or use any tank or 

fiuTdi'^Praaity. container of more than ten thousand gallons' capacity, for the storage of 

§§\^,'3.°^' any fiuid other than water, unless the same is located underground, 

1920) 148, f 54. without first securing a permit therefor from the commissioner. The 

1930:399; s 1. commissioner may, after notice and hearing, revoke any such permit for 

cause. Whoever violates this section or a rule or regulation made under 

the following section shall be punished by a fine of not less than fifty nor 

more than one thousand dollars. 



Rules and 
regulations. 
1919, 303, § 2. 
G. L. (ed. of 
1920) 148, § .55 
1930, 399, § 1. 



Section 38. The department shall make rules and regulations govern- 
ing the construction, use and maintenance of tanks to which the pre- 
ceding section applies. Such rules and regulations shall not take effect 
until approved by the governor and council, and filed in the office of the 
state secretary. 



Blank 

cartridges, toy 
pistols, fire- 
works, etc. 
1805, 55. 
1823, 149, § 2. 
1826, 3, § 1. 
1828, 62, § 1. 
R. S. 58, 
§§ 5-7. 
1847, 51. 
G. S. 88, 
§§46-48. 
1877, 216, 
§§ 1-3. 
P. S. 102, 
§1 54-56, 
59-61. 
1882, 272. 
R. L. 102, 
§§87-89,91, 
96-98. 

1904, 370. 

1905, 280. 
1910, 565, § 1. 
1913. 452. 

G. L. (ed. of 
1920) 148 

1924, 80. 

1925, 95. 
1930, 399, § 1. 
Op. A. G. 
(1917) 66. 

[Penalty, § 47.] 



§57. 



1 

2 
3 
4 
5 
6 
7 
8 
9 
10 



Section 39. No person shall sell or keep for sale any blank cartridge, 
toy pistol, toy gun or toy cannon that can be used to fire a blank car- 
tridge; or sell or keep for sale, or fire, explode or cause to explode any 
blank cartridge or bomb, or sell or keep for sale, or set off, explode or 
cause to explode any fireworks containing any picric acid or picrates, or 
any firecrackei* exceeding two inches in length and three eighths of an 
inch in diameter or of a greater explosive power than a firecracker of 
such size containing black gunpowder only; provided, that this section 
shall not apply to illuminating fireworks set off between the hours of six 
and twelve o'clock post meridian, excepting those containing picric 
acid or picrates, or to the sale of any article herein named to be shipped 1 1 
directly out of the commonwealth, or to the sale or use of explosives 12 
in the firing of salutes by official authorities, or to the sale or use of 13 
blank cartridges for a duly licensed show or theatre or for signal purposes 14 
in athletic sports, or to experiments at a factory for explosives, or to the 15 
firing of salutes with cannon where a permit has been secured from 16 
the marshal or some officer designated by him therefor, or to the sale of 17 
blank cartridges for the use of, or their use by, the militia or any organ- IS 
ization of war veterans, or other organization authorized by law to 19 
parade in public a color guard armed with firearms, or in teaching the 20 
use of firearms by experts. -1 



Chap. 148.] fire pre-\t:ntion. 1855 

1 Section 40. No person shall store fireworks in quantities except Bonds by 

2 such as may be permitted by the rules and rei^ulations of the depart- cti-, ofare- 

3 ment outside the premises of a fireworks manufactory in any building r92i.''50o 

4 or other structure located within one thousand feet of any church, ^^^j^^*^' 

5 theatre, hall, place of public assembly, factory or any inhabited building, gM^Ma^' lio 
() nor shall any person manufacture fireworks, unless he has previously filed 

7 with the clerk of the city or town in which the said fireworks are to be 

8 manufactured or stored a bond running to the treasurer of the said city 

9 or town with a surety or sureties approved by the said treasurer, in such 

10 penal sum, not less than ten thousand dollars, as the mayor of the cit\' 

11 or the selectmen of the town, with the approval of the marshal, shall 

12 determine to be necessary to cover the losses, damages or injuries that 
l;] might ensue from the said manufacture or storage. The bond shall be 

14 conditioned upon the payment of any judgment obtained in an action 

15 against said person so manufacturing or storing fireworks for or on ac- 

16 count of any loss, damage or injury resulting to persons or property by 

17 reason of the said manufacture or wholesale storage. 

.1 Section 41. Action on a bond filed under section forty or forty-two same subject. 

2 may be brought by any person holding a judgment to secure the pay- 1921° soo 

3 ment of which the bond was filed and may be brought by such person §§ 57a-57'di. 

4 in the name of the city or town treasurer, or of the state treasurer, as the 259°Ma^3'. Iio. 

5 case may be, but for the use and benefit, and at the cost and expense, of 

6 the person so bringing the said action; provided, that such a judgment 

7 was recovered in an action brought within twelve months of the time 

8 when the cause of action accrued. 

1 Section 42. No person engaged in the business of displaying or samesubject. 

2 exhibiting fireworks shall, by himself or his agents, discharge, fire off, hibitlons.' 

3 explode or display fireworks unless he has on file with the state treasurer Jg^l.^us. 

4 a bond running to the state treasurer with a surety or sureties approved 1930^^99, § 1. 

5 by him for the penal sum of fifteen thousand dollars, and for such addi- 
(i tional penal sum as the marshal shall determine to be necessary to cover 
7 the losses, damages or injuries that might ensue to persons or property 
S by reason thereof. The bond shall be conditioned upon the pa>Tnent of 

9 any judgment obtained in an action brought against said person so dis- 

10 charging, firing off, exploding or displaying fireworks, for or on account 

11 of any loss, damage or injury resulting to persons or property by reason 

12 of the said discharging, firing off, exploding or displaying of said fireworks. 

1 Section 43. No action for injury to an employee of a person required Lt"uadon''of' 

2 to give a bond under section fortv or fortv-two shall be brought on such anions; pro 

^ * , . • , 1* 1 I Tata, payment 

3 bond if such injury arises out of and m the course of the employment. "^.^'/"'HiSq 

4 If claims under any bond filed under either of said sections are established (g'l. us. 

5 to an amount greater than the penal sum of the bond, such claims shall 1930, 399, § i. 

6 be paid pro rata to the amount of the penal sum and executions shall 

7 issue accordingly. Nothing in the three preceding sections shall deprive 

8 a person suffering loss, damage or injury of any other right or remedy 

9 provided by law. 

1 Section 44. Firecrackers and pyroteehnical ship or railway signals Samesubject. 

2 shall be included and classed as fireworks, but the provisions of the four ship'orrali-" 

3 preceding sections shall not apply to the storage of pyroteclinical ship ^^^y ^'eo^'^- 



1856 



FIRE PREVENTION. 



[Chap. 148. 



1921. 500 
[G. L. 14S, 
§ 57F1. 



or railway signals nor to the discharge, firing or exploding of the said 
signals when used for the protection of life and property. 



1930. 399. § 1. 



4 
5 



Pemfir"^''^'^'' Section 45. Whoever violates any provision of the five preceding 1 

192U 500 sections shall be punished by a fine of not more than five hundred dol- 2 

§ 57G|. ' lars or by imprisonment for not more than six months, or both. 3 

1930, 399, 5 1. 



Explosive 
stove polish. 
1917, 153, § 1. 
G. L, (ed. of 
1920) 148, § 58. 
1928. 325, § 7. 
1930, 399, § 1. 

[Penalty, § 47 1 



Section 46. No person shall manufacture, store, keep for sale, sell 1 

or transport any compound for use as a stove polish containing any 2 

liquid or compound whatsoever which will emit a gas that will flash at 3 

a temperature of less than one hundred and forty degrees Fahrenheit, 4 

except that foundry paste which contains inflammable compound, if 5 

packed in metal containers, sealed by fusion and weighing in gross not 6 

less than five pounds, and if such container is labeled " Dangerous — 7 

Inflammable compound — Keep away from fire, heat and lights" may 8 

be manufactured, stored, kept for sale, sold or transported for use only 9 

by stove foundries, stove manufacturers and stove dealers on their 10 

own premises under regulations prescribed by the marshal. The flash 11 

point of said compound shall be ascertained by use of some standard 12 

closed cup instrument or other method approved by the marshal. 13 



Penalty for 
violations of 
15 39, 46. 
1828, 62, § 3. 
R. S. 58, § 9. 



Section 47. Violation of any provision of section thirty-nine or 1 

forty-six shall be punished by a fine of not more than one hundred 2 

dollars or by imprisonment for not more than one month, or both. 3 

G. S. 88, § 50. 1905, 2S0, § 3. G. L. (ed. of 1920) 



P. ,S. 102, § .57. 
R. L. 102, § 90. 
1904, 370, § 4. 



1910, 565, § 5. 
1917, 153, § 2. 



148, § 59. 
1930, 399, § 1. 



! 1. 



Dangerous 
illuminating 
oils. etc. 
Penalties. 
1867, 286, 
§S3, 5. 
1869, 152, 
§§2,4. 
P. S. 102, 
§§69,71. 
1885, 98, 
R. L. 102. 
§§ 106, 108, 
G. L. (ed. of 
1920) 148, 
§§ 60, 62. 
1921, 485, § 6. 
1925, 335, § 2. 
1930, 399, § 1. 
104 Mass. 64. 
110 Mass. 470. 
lis Mass. 441, 
211 Mass. 60. 
248 Mass. 575. 



8 

9 

10 



Section 48. AVhoever mixes for sale naphtha and illuminating oils 1 
or naphtha and oils to be used for fuel in dwellings or other buildings 2 
whereby human life is endangered or exposed, or sells or oft'ers for sale 3 
such mixture, or oils for iUuminating, heating or cooking purposes so 4 
mixed with any other substance as to render their use for such purposes 5 
a menace to human life, or sells or offers for sale, except for remanu- (i 
facture, illuminating or fuel oils made from coal or petroleum which 7 
will evaporate a gas that will flash at a temperature of less than one hun- 
dred and fifteen degrees Fahrenheit or ignite at a temperature of less 
than one hundred and twenty-five degrees Fahrenheit, to be ascertained 
by the application of some standard approved instrument, or whoever 11 
sells or keeps or oft'ers for sale naphtha under a name which tends to 12 
conceal its inflammable character, shall be punished by a fine of not 13 
more than one hundred dollars or by imprisonment for not more than 14 
one month, or both, and shall also be liable for any damage suffered by 15 
any person from the explosion or ignition of such oil thus unlawfully 16 
sold or kept or offered for sale. Such oil thus unlawfully sold or kept 17 
or offered for sale, and the casks or packages containing the same, shall 18 
be forfeited and sold, and the proceeds shall be paid to the common- 19 
wealth. 20 



Same subject^. SECTION 49. For the purposes of the preceding section, illuminating 1 
1869', 152', § 3. or fuel oils made from coal or petroleum and having an igniting point of 2 
1885, 98.'§ 2. ' less than one hundred and twenty-five degrees Fahrenheit, to be deter- 3 



CHA.P. 1-18.] FIRE PREVENTION. 1857 

4 mined as therein provided, shall be deemed to he mixed with naphtha, R i- 102, 

5 and shall be branded unsafe for illuminating purposes or for use as fuel. g. l. (ei of 

1925, 335, § 3. 1930, 399, § 1. '^-"' '■***■ ^ "'■ 

1 Section 50. Upon complaint made to a court or justice authorized f^°"*i^™; 

2 to issue warrants in criminal cases that the complainant has probable plosives iUe- 

rt 11 1 11' giilly kept. 

3 cause to suspect and does suspect that gunpowtier, dynamite or any 1823. 149, § 2. 

4 other explosives, crude petroleum or any of its products, or explosive or li's.' ss,' § s.' 

5 inflammable fluids are kept or are to be found in any place contrary to a*|; sk § 49. 

6 this chapter or rep;ulations made hereunder, such court or justice may Jg^y; 216] § 1: 

7 issue a search warrant in conformity with chapter two hundred and f.foiyl' 

8 seventy-six, so far as applicable, commandinjj the officer to whom the P,™'''^' 

9 warrant is directed to enter any shop, building, manufactory, vehicle or clced. of 

10 vessel specified in the warrant, and there make diligent search for the 1930. 399,' § 1. ' 

11 articles specified in the warrant, and make return of his doings forth- 

12 with to the court or justice having jurisdiction thereof. Such warrants 

13 may be directed to an inspector or to the head of the fire department. 

1 Section 51. Articles seized under the preceding section may, after Forfeiture of 

2 due notice and hearing, be adjudged to be forfeited, and may be ordered 1877, 216, 5 8. 

3 to be sold or destroyed in such manner as the court or magistrate may r. l. 'io"2, ^ ^^' 

4 direct, and the proceeds, if any, paid into the county treasury. * ^^^' 

G. L. (ed. of 1920) 148, § 64. 1930, 399, § 1. 

1 Section 52. Whoever keeps matches for sale or use in any store Matches. 

2 unless the same are in unbroken cases or in a metal or other fireproof §^^,'2**' 

3 receptacle with the cover closed, except when it is necessary to obtain 1920J i48,°/65. 

4 access thereto, shall be punished by a fine of not more than fifty dollars. ^^'■^' ^^^' 5 1 

1 Sectio.v 53. Whoever liberates or flies a fire balloon shall be pun- Fire balloons. 

2 ished by a fine of not more than one hundred dollars or by imprison- g 'l. (el of 

3 ment for not more than one month, or both. '^^'" '**• ^ ^®' 

1921, 485, § 7. 1930, 399, § 1. 



1 Section 54. ^\1loever drops or throws from any vehicle while the propping, etc., 

2 same is upon a public or private way running along or near forest land, eues!et'cT'^' 

3 or, except as permitted by law, drops, throws, deposits or otherwise igSJoI'sgg; § i. 

4 places in or upon forest land, any lighted cigarette, cigar, match, live 

5 ashes or other flaming or glowing substance, or any substance or thing 

6 which in and of itself is likely to cause a fire, shall be punished by a fine 

7 of not more than twenty-five dollars. 

1 Section 55. Whoever manufactures or sells or knowingly uses, or Explosive 

2 has in possession for the purpose of sale, any golf ball containing any fgia^""!', 

3 acid, fluid, gas or other substance tending to cause the ball to explode g^ l ^(ed of 

4 and to inflict bodily injury shall for the first ofTence be punished by a J^^l]' ^|^' I ^*- 

5 fine of not more than five hundred dollars, and for any subsequent 

6 offence by a fine of not more than one thousand dollars or by imprison- 

7 ment for not more than one year, or both. 

1 Section 56. In anv citv or town which accepts' the provisions of Licensing of 

ol* • *i*ii -ii* p open-air park- 

2 this section no person shall engage in the business of conducting '"« spaces. 

3 or maintaining an open-air parking space without a license therefor i93o. 399, § 1. 

4 granted by the licensing authority, approved in all cases by the head 



Ig58 FIRE PREVENTION. [ChAP. 148. 

of the fire department. The license shall specify all the premises to be 5 
occupied by the licensee for the purpose of conducting the licensed 6 
business. The fee for each such license shall be such amount as may be 7 
established by the authority granting the license, and said authority 8 
may reasonably classify said licenses and fees. Licenses granted here- 9 
under shall expire on April thirtieth following the date of issue, or on 10 
such date as may be specified therein, and may be suspended or revoked 11 
by such authority and by the head of the fire department. Whoever, 12 
not being licensed, engages in a business required by this section to be 13 
licensed^ or is concerned therein, or, being licensed, engages in such busi- 14 
ness, or is concerned therein, in any other place than that designated 15 
in his license or after notice to him that his license has been suspended 16 
or revoked, shall be punished by a fine of not more than one hundred 17 
dollars. 18 



Chap. 149, 



LABOR AND INDUSTRIES. 



1859 



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. 



CHAPTER 149. 



LABOR AND INDUSTRIES. 



Sect. 

definitions. 
1 . Definitions. 



2. 
3. 
4. 
5. 
6. 



duties and powers op department of 

LABOR and industries. 

Duties and powers in general. 

Inspection. 

Report of certain cases of disease. 

Investigations and prosecutions. 

Investigations as to safety and 

health. Rules, etc. 
Committees to make investigations 

and recommend rules. 
Hearings on proposed rules. Puli- 

lication and effective date of 

rules. 
Appeals. Amendment, annulment, 

etc.. of rules, etc. 
Entry into places of employment to 

make certain investigations. 
Reports to department by physi- 
cians. 
Rules of department as to safety 

prevail over rules of insurance 

companies. 
Violation of rules forbidden. 
Annual report. 
Inspection districts. 
Penalty for inspector accepting a 

reward. 
Entry into buildings for purposes of 

inspection. 
Duties of industrial health inspector. 



9. 



10. 



11. 



12. 



13. 
14. 
15. 
16. 

17. 

18. 



Sect. 

general provl.sions as to employment. 
19. Interfering with employment for- 
bidden. 
CompelUng a person not to join a 

labor organization forbidden. 
Fraudulent advertisements concern- 
ing employment penaUzed. 
Advertising for employees during 

strike, etc. 
Same subject. Penalty. 
Peaceful persuasion not penahzed. 



20. 



21. 



22. 



23. 
24. 



25. 



26. 



27. 

28. 



29. 



30. 



31. 
32. 

3:i. 

34. 



PUBLIC EMPLOYMENT. 

Public employee may select lodging, 

etc. 
Preference to veterans and citizens 

in public work. Wages. Penalty. 
Dispute as to wages. 
Actions against cities or towns for 

labor. 
Security for payment of labor on 

public works. 
Eight hour day and forty-eight hour 

week for certain public employees. 

Exception. 
Eight hour day for certain employees 

in certain cities and towns. 
Definitions. 

Limitation of §§ 30 and 31. 
Contracts for public work to contain 

stipulation as to eight hour day, 

etc. Exception. Certain con- 
tracts void. 



1860 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Sect. 

35. Penalty for viol.ating § 30, 31 or 34. 

36. Eight hour day not applicable in 

certain cases. 

37. Nine hour day in certain cities and 

towns. 

38. Vacations for certain public em- 

ployees. 

39. Hours of labor of officers, etc., of 

state penal institutions. 

40. Hours of labor in county institu- 

tions. Penalty. 

41. Laborers, etc., employed by the 

commonwealth to be given Satur- 
day half holiday. 

Laborers, etc., in employ of com- 
monwealth to be on day work 
basis if possible. 

Equal opportunity of certain em- 
ployment for all citizens. 

Holiday for veterans ou Memorial 
Day. 

PRIVATE EMPLOYMENT. 

Penalty for requiring labor on 

holiday. 
Requiring illegal number of hours to 

make up for holiday forbidden. 
One day's rest in seven. Penalty. 
Same subject. Penalty. 
Limitation of two preceding sections. 
Exceptions. 

List of persons working on Sunday. 
Time book. Penalties for violating 

§§ 51 and 52. 

WORK BY WOMEN AND CHILDREN. 

Hea\T boxes, etc., moved by women 
to be provided with casters, etc. 
Penalty. 

Investigations of core rooms where 
women are employed. Rules. 
Penalty. 

Employment of women shortly be- 
fore and after confinement forbid- 
den. 

Hours of labor for women and 
children. 

Penalty for violation of preceding 
section. 

Women and minors operating ele- 
vators. 

Night labor for women. Penalty. 

Employment of children under 
fourteen. 

Employment of children under six- 
teen. Penalty for violation of 
certain provisions. 

Employment of minors under 
eighteen. 

Department may determine proc- 
esses, etc., injurious to chil- 
dren. Prohibition of employment 
therein. 



42. 



43. 



44. 



45. 

46. 

47. 
48. 
49. 
50. 
61. 
52. 



53. 



54. 



55. 



56. 
57. 

58. 

59. 
60. 

61. 



62. 



63. 



Sect. 

64. Employment of persons under 

twenty-one. 

65. Hours of labor of children under 

sixteen. 

66. Hours of labor of boys under 

eighteen and girls under twenty- 
one. 

67. Same subject. 

68. Employment of minors as mes- 

sengers, etc., regulated. 

69. Street trades for children regulated. 

70. Same subject. 

71. Issue of badges. 

72. Wearing, etc., of badges. 

73. Hours of street trades for boys under 

sixteen. 

74. Lists of hours of employment of 

minors to be posted. 

75. Forms of lists to be furnished by 

the department. 

76. Duties of inspectors. 

77. Powers of supervisors of attendance. 

78. Penalty for violation of §§ 60-74. 

79. Penalty for hindering inspectors, 

etc. 

80. Penalty for furnishing articles to be 

illegally sold by minors engaged 
in street trades, or aiding in viola- 
tion of §§ 69-73. 

81. Penalty on parent or guardian, etc. 

82. Penalty on officials. 
S3. Penalty on minors. 

84. Service of process for violation of 

sections relating to employment 
of children. 

85. Limitation of §| 60-83. 

86. Employment of children under six- 

teen without employment certifi- 
cates, etc., forbidden. Penalty. 

87. Employment certificates. 

88. School record required for employ- 

ment certificate. 

89. Contents of employment certifi- 

cate. 

90. Penalties for illegal employment of 

children under sixteen, altering 
employment certificate, etc. 

91. Employer to discharge child who 

does not attend a continuation 
school if required to do so. 
Penalty. 

92. Duties of superrisors of attendance 

and inspectors in regard to illegal 
employment of children. 

93. Further duties of supervisors of at- 

tendance. 

94. Educational certificates, etc., to be 

shown on request of officials. 

95. Educational certificates for minors 

between sixteen and twenty-one. 
Penalty. 

96. Limitation of §§ 86-95. 

97. Penalty for employment of minor 

in violation of § 95. 



CuAP. 149.] 



LABOR AJ\D 11«)USTHIES. 



18G1 



Sect. 

98. Penalty on parent, etc., allowing 

minor to bo employed in ^-iola- 
tion of § 95. 

99. Hours for meals for women and 

children. 

100. Same subject. Penalty for \nola- 

tion of § 99 or 100. 

101. Limitation of §§ 99 and 100. 

102. Working during meal time without 

knowledge of superintendent, etc. 

103. Seats for women and children. 

Penalty. 

104. Employment, etc., of children under 

fifteen in theatrical exhibitions, 
etc., penalized. 

105. License not to be granted for exhibi- 

tions in which such children take 
part. 

PROVISIONS AS TO HEALTH AND SAFETY. 

106. Drinking water to be pro\'ided. 

Pen.alty. 

107. Water for humidifying. Penalty. 

108. Thermometers for testing humidity. 

109. Section lOS not applicable to textile 

factories equipped with other ap- 
proved testing devices. 

110. Limits of humidity. 

111. Sources of water for humidifying. 

112. Penalty for violation of §§ lOS-111. 

113. Factories, etc., to be properly 

lighted, ventilated and kept 
clean. 

114. Investigations by industrial health 

inspectors as to effect of industries 
on eyesight. 

115. Devices for preventing injury to 

eyes, when to be provided. 
Penalty. 

116. Investigation as to lighting of fac- 

tor>-, etc. Order. Penalty. 

117. Ventilation of factories. 

118. Devices for removal of dust. 

119. Emery wheels, etc., to be provided 

with devices for removing dust. 

120. Same subject. 

121. Limitation of §§ 119 and 120. 

122. Penalty for violation of §§ 117-121. 

123. Inspection of factories, etc., not 

equipped with dust removers. 
Complaint. Prosecution. 

124. Communication ^\'ith engine room. 

125. Penalty for violation of preceding 

section. 

126. Doors not to be locked during work- 

ing hours. Penalty. 

127. Guards for gears, etc. 

128. Wrongful operation of traversing 

carriages of certain machines 
penalized. 

129. Openings of hoistways, etc., to be 

guarded. 

130. Storage of explosives. 

131. Guards for shuttles. Penalty. 



Sect. 

132. Use of suction shuttles penalized. 

133. Toilet facilities. 

134. Apportionment of expense of chang- 

ing toilet facilities. 

135. Prosecutions for violation of two 

preceding sections. 

136. Notice to department of public 

health of unsanitary conditions. 

137. Toilet rooms, etc., in foundries. 

Penalty. 

138. Penalty for injuring toilet appli- 

ances. 

139. Lockers for clothes, when required. 

Penalty. 

140. Spittoons. 

141. Medical appliances, etc., when to be 

provided. Penalty. 

142. Cloths for cleaning printing presses. 



MANCF.iCTnRE OF CLOTHING IN TENEMENT 

HOUSES. 

License. 

Notice to and examination by local 
boards of health. 

Tags for clothing made in unlicensed 
tenement houses. 

Penalties. 

Clothing made outside common- 
wealth. Examination. Report to 
department of public health. 



143. 
144. 



145. 



146. 
147. 



WEEKLY PAYMENT OF WAGES. 

148. Weeklypayment of wages. Penalty. 

149. Summons and warrant for \'iolation 

of preceding section. 

150. Complaint for violation of § 148. 

Procedure upon trial. 

151. Payment in factories when over one 

hundred employed. 

152. Deductions for tardiness regulated. 

Penalty. 

153. Weavers' fines regulated. 

154. Same subject. Penalty. 

155. Specifications for weavers. 

156. Same subject. Penalty. 

157. Penalty for violation of § 155 and 

for interference with inspector. 

158. Deduction from wages of women or 

children for stopping machinery 
regulated. Penalty. 
15SA. Unpaid probationary employment 
of woman or minor penalized. 

159. Notice of discharge. When re- 

quired. 



FP.EE EMPLOYMENT OFFICES. 

160. Free employment offices. Annual 

report. 

161. Superintendents and clerks. Sign. 

162. Registration, etc., of applicants for 

employment. Procedure in case 
of strike. 



1862 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Sect. 

163. 

164. 

165. 

166. 

167. 



168. 



Fees prohibited. Penalty. 

Preference to residents. 

Reports. 

Appropriation for expenses. 

Bulletins as to demand for employ- 
ment, weekly distribution to city, 
etc., clerks. 

Bulletins to be posted. Penalty. 



BTATISTICa OF LABOR AND MANUFACTURES. 

169. Commissioner, etc., may require at- 

tendance of witnesses, etc. 

170. Statistics of labor and manufactures. 

171. Schedules for collecting statistics. 

172. Information collected not to be so 

published as to disclose private 
affairs. Penalty. 

173. Distribution or sale of old papers. 



Sect. 

commission on foreign and domestic 

commerce. 
174. [Repealed.] 



MISCELLANEOUS PROVISIONS. 

Use of bells, etc. 
Emergency police olEcer. 
Assistance of police officers to pro- 
tect property. Penalty. 
177A. Contracts by employers exempting 
themselves from liability for 
certain injuries to employees for- 
bidden. 
Voting of employees. 
Posting notices. 
179A. Preference to citizens in award- 
ing contracts for public work. 
Penalty. 
180. General penalty. 



175. 
176. 
177. 



178. 
179. 



Definitions. 
1887, 103, § 5. 
1894, 508, § 57. 
R. L. 106, § 8. 
1909, 514, 
55 17, 145. 

1911. 241; 
494, § 1. 

1912. 191; 726, 
§§5,8. 

1913. 813, 
§§8, 12. 
1916,95, § 1; 
240, § 1. 
1919,224; 350, 
§§ 56, 69. 

70, 74. 

1925, 151. 

1931,426, 

§247. 

261 Mass. 226. 

263 Mass. 282. 

(For additional 
definitions 
see § 32-1 



DEFINITIONS. 

Section 1. In this chapter the following words, unless a different 
meaning is required by the conte.xt or is specifically prescribed, shall 
have the following meanings: 

"Assistant commissioner", the assistant commissioner of the depart- 
ment of labor and industries. 

"Associate commissioners", the associate commissioners of the de- 
partment of labor and industries. 

"Buildings used for industrial purposes" or "industrial establish- 
ments" shall include factories, workshops, bakeries, mechanical es- 
tablishments, laundries, foundries, tenement house workrooms, all 
other buildings or parts thereof where manufacturing is carried on, and 
mercantile establishments as defined in this section. 

"Child", a person under eighteen. 

"Commissioner", the commissioner of labor and industries. 

"Co-operative courses", courses approved as such by the department 
of education and conducted in public schools where technical or related 
instruction is given in conjunction with practical experience by employ- 
ment in co-operating factories, manufacturing, mechanical or mercantile 
establishments or workshops. 

"Department", the department of labor and industries. 

"Employment", any trade, occupation or branch of industry, any 
particular method or process used therein, and the service of any par- 
ticular employer; but it shall not include private domestic service or 
service as a farm laborer. 

"Extraordinary emergency", danger to property, life, public safety 
or public health. 

"Factory", any premises where mechanical power is used in aid of 
any manufacturing process there carried on. 

"Industrial disease" or "occupational disease", any ailment or 
disease caused by the nature or circumstances of the employment. 

"Industrial health inspector", an inspector qualified by training and 
experience in matters relating to health and sanitation. 

"Inspector", an inspector of the department of labor and industries, 
except an inspector of the division of standards. 



1 
2 

3 
4 
.5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
31 
32 
33 
34 



Chap. 149.] labor and industries. 1863 

35 "Iron works", a mill, forjje or any premises where any process is 

36 carried on for converting iron into malleable iron, steel or tin plate, 

37 or for otherwise making or converting steel. 

38 "Manufacturing establishments", any premises, room or place used 40pA gist! 

39 for the purpose of making, altering, repairing, ornamenting, finishing 

40 or adapting for sale any article or part thereof. 

41 "Mechanical establishments", any premises, other than a factory as 

42 above defined, where machinery is employed in connection with any 

43 work or process carried on therein. 

44 "Mercantile establishments", any premises used for the purposes of 4 0p;a!g!i37; 

45 trade in the purchase or sale of any goods or merchandise, and any 

46 premises used for a restaurant or for publicly providing and serving 

47 meals. 

48 " Place of employment", every place, whether indoors or out or under- 

49 ground, and the premises appurtenant thereto, into, in or upon which 

50 any employee goes or remains either temporarily or regularly in the 

51 course of his employment. 

52 "Print works", any premises where the process of printing figures, 

53 patterns or designs upon yarn or cloth, or upon any woven or felted 

54 fabric not paper, is carried on. 

55 "Safe" or "safety", such freedom from danger to life, safety and 

56 health of employees as the nature of the employment will reasonably 

57 permit. 

58 "Woman", a female eighteen or over. 

59 "Workshop", any premises, room or place, not a factory as above 

60 defined, wherein manual labor is exercised by way of trade or for pur- 

61 poses of gain in or incidental to a process of making, altering, repairing, 

62 ornamenting, finishing or adapting for sale any article or part thereof, 

63 and to which or over which premises, room or place the employer of 

64 the persons working therein has the right of access or control; but the 

65 exercise of such manual labor in a private house or private room by 

66 the family dwelling therein or by any of them, or if a majority of the 

67 persons therein employed are members of such family, shall not of 

68 itself constitute such house or room a workshop. 



DUTIES AND POWERS OF DEPARTMENT OF LABOR AND INDUSTRIES. 

1 Section 2. The department shall, except as otherwise specifically Duties and 

2 provided, enforce the provisions of this chapter, and shall have all neces- general'" 

3 sary powers therefor. '*^®' ^^^• 

1S77. 214, § 7. 1884, 52, § 3. R. L. 108, 5 8. 

1879, 303. § 12. 1887, 218. 1907, 413: 537, § 5. 

1880.181. 1888, 426, §§ 10, 14. 1912, 726, §§ 4, 5. 

1881, 137. 1894, .382, § 1; 1914, 474, § 2. 
P. S. 103, § 10. 481, |§ 2, 35, 55. 1919, 350, § 69. 

1882, 266, § 6. 

1 Section 3. The inspection and investigation carried on by the inspection. 

2 department shall be a regular and systematic inspection and investi- i9i«; sos' 

3 gation of all places of employment and the conditions of safety and '^^^' ^^°' ^ ^®' 

4 health pertaining thereto. 

1 Section 4. The department shall promptly report to the depart- Report of 

2 ment of public health all cases of disease in industrial establishments of disease. 

3 affecting the health of the community. "''• "'' ^ ®- 

1919, 350, §5 69, 96. 



1864 LABOR AND INDUSTRIES. [ChAP. 149. 

iSypr'os*'-""^ Section 5. The department may investigate conditions existing 1 

™5'°"|.:,g M ^'^ ^^y ^^^^ o^ industry, and such investigations may be extended out- 2 

1916! lis! i 2 side of the commonwealth to procure information to promote industrial 3 

' development or to improve industrial conditions. It shall receive all 4 

complaints concerning conditions existing in any industry carried on 5 

in the commonwealth, or concerning alleged violations of any laws 6 

enforced under its direction, and shall thereupon make or direct all 7 

needful and appropriate investigations and prosecutions. 8 

isTo^s'alttySnd SECTION fi. It shall investigate from time to time employments and 1 

health. Rules, places of employment, and determine what suitable safety devices or 2 

1912. 726. 1 4. other reasonable means or requirements for the prevention of accidents 3 

1916! 308! shall be adopted or followed in any or all such employments or places of 4 

employment; and also shall determine what suitable devices or other 5 

reasonable means or requirements for the prevention of industrial or 6 

occupational diseases shall be adopted or followed in any or all such 7 

employments or places of employment ; and shall make reasonable rules, 8 

regulations and orders applicable to either employers or employees or 9 

both for the prevention of accidents and the prevention of industrial or 10 

occupational diseases. 11 

SakeTnvestiga- SECTION 7. The comuiissioncr, assistant commissioner and associate 1 
tionsandrecom- commissioucrs of the department may appoint committees, on which 2 

mend rules. i i ii r i ■ • r, 

1913. 813. § 3. employers and employees shall be represented, to make such mvesti- 3 
1919! 35o! 5 76. gations and recommend rules and regulations. 4 

1921, 306. § 5. 

Hearings on SECTION 8. Before adopting any rule or regulation under section 1 

rules. Pubii- six, a pubHc hearing shall be given, and not less than ten days before 2 

effective date tile hearing a notice thereof shall be published in at least three news- 3 

igia.'s^is, papers, of which one shall be published in Boston. Such rules or regu- 4 

ilil.s'so, lations shall, when approved by the associate commissioners and the 5 

192^306 5 6 assistant commissioner, be published in like manner, and, subject to 6 

section thirty-se\'en of chapter thirty, shall take effect thirty days after 7 

such publication or at such later time as the associate commissioners 8 

and the assistant commissioner may fix. Before adopting any order a 9 

hearing shall be given thereon, of which a notice of not less than ten 10 

days shall be given to the persons affected thereby. 11 

Anfendment, SECTION 9. Any pcrsou aflfectcd by an order, rule or regulation of 1 

Mc""!)""^"'' ^'^^ department may appeal to the associate commissioners within 2 

ruifs. etc. ^ ^^ such time as they by vote may fix, but not less than ten days after 3 

notice of the order or the taking effect of the rules or regulations. The 4 

associate commissioners shall thereupon give a hearing, and thereafter 5 

may amend, suspend or revoke such order, rule or regulation. Pending 6 

the hearing the commissioner may suspend the order, rule or regulation 7 

appealed from. Any person aggrieved by an order approved by the 8 

associate commissioners may appeal to the superior court within fifteen 9 

days after the date of approval. The superior court may annul the 10 

order if it is found to exceed the authority of the department, and 11 

upon petition of the commissioner may enforce all valid orders issued 12 

by the department. This section shall not deprive any person of any 13 

other lawful remedv. 14 



1919, 350, § 78. 



Chap. 1-19.] labor and industries. 1865 

1 Section 10. In order to make investigations under section six, Entry into 

2 members or employees of the dejjartment may at any time enter places empfo/ment 

3 of employment wiien being used for business purposes. c^t^Tn'inves"- 

1913. 813, § 5. 1916, 308. 1919, 350, § 69. ligations. 

1 Section 11. The department may require every physician treating Reports to 

2 a patient whom he behe\-es to be suttering from any ailment or disease physSn"' ^^ 

3 contracted as a result of the nature, circumstances or conditions of Jgljj; ^l,g[ * ^■ 

4 the patient's employment to report such information relating thereto 55 68 ^69 '96 

5 as it may require, within such time as it may fi.\, and it may issue a list 

6 of such diseases which shall he regularly reported upon by physicians, 

7 and may add to or change such list at any tmie. Copies of all such 

8 reports and all statistics and data compiled therefrom shall be kept by 

9 it, and shall be furnished on request to the department of industrial 
10 accidents and the department of public health. 

1 Section 12. If any rule or regulation made under authority of R"'''s<'f 

2 section sixty-four of chapter one hundred and fifty-two conflicts with tosafetypre- 

3 or differs from a rule or regulation of the department, its rule or regula- ofinsuranc'e" 

4 tion shall prevail. companies. 

1913, 813, § 10. 1918. 308. 1919, 350, § 69. 

1 Section 13. Xo person shall violate any reasonable rule, regulation, violation of 

2 order or requirement made by the department under section six or 1913, 8'i3,"§'i3; 

3 eleven. 

1916, 308. 1919, 330, § 69. 

[Penalty, 5 180.) 

1 Section 14. The commissioner shall make an annual report, in- Annual report. 

2 eluding the reports required by sections one hundred and sixty and 1874! 405'. ' 

3 one hunflred and seventy of this chapter, section ten of chapter one llll] lit] f 3; 

4 hundred and fifty, section fifteen of chapter one hundred and fifty- 55 1; \1^' 

5 one, and section fifty-seven of chapter ninety-eight. The commissioner ^^^l' \iy \ ^^■ 

6 shall also include in his report such data as to the work of the division 1912. 726,' § ii. 

7 on the necessaries of life as he may deem advisable. 

1918, 189, § 1. 1919, 350, §5 8, 69. 1930, 410, § 4. 

1 Section 15. With the approval of the associate commissioners and inspection 

2 the assistant commissioner, the commissioner may divide the common- 1912. 726, 5 9. 

3 wealth into inspection districts, and assign the necessary number of §s69.'7o' 

4 inspectors thereto. ' ^^-'' ^""^^ ^ ^• 

1 Section 1G. An inspector who directly or indirectly receives a Penalty for 

2 reward, gift or gratuity on account of his official services shall be ^"cept'inga 

3 punished by a fine of not more than one hundred dollars or by imprison- Jl^rsM 

4 ment for not more than three months, and shall also be discharged from ,5J s. 9. 

^ ™-. ^ lS7o, lo, § 6. 

otnce. 

1877, 214. § 10. 1SS2. 266, 5 5. 1912. 726. § 10. 

1879. 303, § 6. 1894, 481, § 56. 133 Mass. 233. 

P. S. 103, § 6: 104, § 24. R. L. 108, § 6. 

1 Section 17. For the enforcement of the provi.sions of this chapter, Entry into 

2 the commissioner, the assistant commissioner and the associate com- putposlTor 

3 missioners, the director of the di\-ision of industrial safety and inspectors 'i"s7'6'.'2i6°' 

4 may enter all buiklings and parts thereof used for industrial purposes \fyl[ HI] | Jj. 



1866 



L.\BOR AND INDUSTRIES. 



[Chap. 149. 



1880, 181. 
P. S. 103, § 10. 
1882, 266, § 6. 
1884, 52, § 3, 

1887, 218. 

1888, 426, 
§§ 10, 14. 



and examine the methods of protection from accident, the means of 5 

escape from fire, the sanitary provisions, the lighting and meatis of 6 

ventilation, and make investigations as to the employment of women and 7 

minors and as to compliance with all provisions of this chapter. 8 



1894, 481, § 2; 534, § 3. 

1895, 144, § 3. 
1901, 370, § 2. 



R. L, 106, §67; 108, § 8. 

1907, 413. 

1909, 514, §§ 117, 145. 



1912, 726, §§6, 11. 
1919, 350, § 75. 
1921, 306, § 8. 



Sd^riai SECTION 18. Every industrial health inspector shall inform himself 

health conccming the health of all minors employed in factories within his 

IDSDGCtOr. 

1907,537, §3. district; and whenever he may deem it advisable or necessary, he shall 

1919] 35o! § 69. call the ill health or physical unfitness of any minor to the attention of 

his parents, guardians or employer and of the department. 



GENERAL PROVISIONS AS TO EMPLOYMENT. 

l^thimpioy- Section 19. No person shall, by intimidation or force, prevent 1 

1875 2'ii'''§''2°' o'" ^^^^ to prevent a person from entering into or continuing in the 2 

p. s.'74, §2. employment of any person. 3 



1894, 508, § 2. 
R. L. 106, § 11. 



1909, 514, 
128 Mass. 



§§ 18, 145, 



. 70. 
[Penalty, § 180.] 



147 Mass. 212. 
167 Mass. 92. 



Compelling a 
person not to 
join a labor 
organization 
forbidden. 
1892, 330. 



Section 20. No person shall, himself or by his agent, coerce or 1 

compel a person into a written or oral agreement not to join or become 2 

a member of a labor organization as a condition of his securing employ- .3 

ment or continuing in the employment of such person. 4 

236 Mass. 504. 



1894, 437; 508, § 3. 
R. L. 106, § 12. 



1909. 514, §§ 19, 145. 
188 Mass. 353. 

[Penalty, § 180.) 



Fraudulent 

advertise- 
ments con- 
cerning 
employment 
penalized. 

1908, 217. 

1909, 514, 
§§ 27, 145. 



Section 21. Whoever knowingly causes to be printed or published 
a false or fraudulent notice or advertisement for help or for obtaining 
work or employment shall be punished by a fine of not more than five 
hundred dollars or by imprisonment for not more than three months, or 
both. 



Advertising for 

employees 

during strike, 

etc. 

1910, 445, § 1. 

1914, 347. 

H 1,6. 

216 Mass. 356. 



Section 22. If an employer, during the continuance of a strike, 1 

lockout or other labor trouble among his employees, publicly adver- 2 

tises in newspapers or by posters or otherwise for employees, or by 3 

himself or his agents solicits persons to work for him to fill the places 4 

of strikers, he shall plainly and explicitly mention in such advertise- 5 

ments or oral or written solicitations that a strike, lockout or other labor 6 

trouble exists among his employees. 7 

[Duty of board of conciliation under §§22 and 23, Chap. 150, § 4.] 



Same subject. 
Penalty. 
1910, 445, § 2. 

1914, 347, 
§§2-4,6. 

1915, 108. 

1916, 143. 
1919, 350, § 69. 
207 Mass. 394. 



Section 23. No person, during the continuance of a strike, lockout 
or other labor trouble among his employees or those of another person, 
shall directly or indirectly procure or attempt to procure, or assist in 
any way in procuring or attempting to procure, persons to fill the places 
of employees involved in such strike, lockout or other labor trouble, if 
such persons are or have been solicited by means of advertisements or 
oral or written statements in which it has not been plainly and explicitly 
mentioned that a strike, lockout or other labor trouble exists in the 
establishment where such persons are to be employed. This provision 



Chap. 149.] l.\bor and industries. 1867 

10 shall apply whether such advertisements or oral or written solicitations 

11 were made within or without the commonwealtli. 

12 After investigation by and upon complaint of the department, any 

13 person violating any provision of this or the preceding section shall 

14 be punished by a fine of not more than one hundred dollars. 

1 Section 24. No person shall he punished criminally, or held liable Peaceful per- 

2 or answerable in any action at law or suit in equity, for persuading or penalized" 

3 attempting to persuade, by printing or otherwise, any other person to do 23i'*M''at3! 220. 

4 anything, or to pursue any line of conduct not unlawful or actionable f^g iJJ^^^- |jo' 

5 or in violation of anv marital or other legal dutv, unless such persuasion 237 Masa. 537. 

„ ■ , . .,?.." , r ■ ■ -^^ Masa. 566. 

6 or attempt to persuade is accompanied by mjury or threat 01 mjury to 

7 the person, property, business or occupation of the person persuaded 

8 or attempted to be persuaded, or by disorder or other unlawful conduct 

9 on the part of the person persuading or attempting to persuade, or is 
10 a part of an unlawful or actionable conspiracy. 

PUBLIC EMPLO^TIIENT. 

1 Section 25. Every employee in public work shall lodge, board and ^,"Hee^" 

2 trade where and with whom he elects; and no person or his agents or select lodging, 

3 employees under contract with the commonwealth, a county, city or 1900. 469. 

4 town, or with a department, board, commission or officer acting there- 1909,514.' ^ '^' 

5 for, for the doing of public work shall directly or indirectly require, as ^§20, 145. 

6 a condition of employment therein, that the employee shall lodge, board IPenai'y, §i80.) 

7 or trade at a particular place or with a particular person. This section 

8 shall be made a part of the contract for such employment. 

1 Section 26. In the employment of mechanics, teamsters and labor- Preference to 

2 ers in the construction, addition to and alteration of public works by chilensln'"' 

3 the commonwealth, or by a county, town or district, or by persons waiel'^"''' 

4 contracting therewith for such construction, addition to and alteration flJl'^g^ 

5 of public works, preference shall first be given to citizens of the common- R l'. 106. 5 14. 

6 wealth who have served in the army or navy of the United States in time 1909! su! 

7 of war and have been honorably discharged therefrom or released from i9i4!'474, § 1. 

8 active duty therein, and who are qualified to perform the work to which \l\l; Its', 

9 the employment relates; and secondly, to citizens of the commonwealth 223 mmI' 109. 

10 generally, and, if they cannot be obtained in sufficient numbers, then to lo's^'soo*^"^' 

11 citizens of the I'nited States, and every contract for such work shall 

12 contain a pro\ision to this effect. The wages for a day's work paid to 

13 mechanics and teamsters employed in the construction, addition to or 

14 alteration of public works as aforesaid shall be not less than the customary 

15 and prevailing rate of wages for a day's work in the same trade or occu- 

16 pation in the locality where such public works are under construction 

17 or being added to or altered; provided, that no town in the construction, 
IS addition to or alteration of public works shall be required to give pref- 

19 erence to veterans, not residents of such town, over citizens thereof. 

20 This section shall also apply to regular employees of the commonwealth 

21 or of a county, town or district when such employees are employed in 

22 the construction, addition to and alteration of public works for which 

23 special appropriations are provided. Any person or contractor who 

24 knowingly and wilfully violates this section shall be punished by a fine 

25 of not more than one hundred dollars. 



1868 



L.VBOR AND INDUSTRIES. 



[Chap. 149. 



Dispute aa SECTION 27. In casc of any dispute as to such customary and pre- 1 

1914, 474. 1 2. vailing rate of wages, the department shall investigate the wages paid 2 

' " ' "in the trade or occupation in the locality where such public works are 3 

under construction, and decide what rate of wages shall be paid. 4 



Actions 
against cities 
or towns for 
labor. 
1892, 270. 
R. L. 2.5, § 57. 
1909. 514, 
§§22, 145. 
173 Mass. 408. 
175 Mass. 201. 
225 Mass. 292. 



Section 28. A person to whom a debt is due for labor performed in 1 

constructing a building, sewer or drain, or water works or other public 2 

works owned by a town, under a contract with any person ha\ing 3 

authority from or rightfully acting for such town in furnishing such 4 

labor, shall have a right of action against such town to recover such 5 

debt if, within thirty days after he ceases to perform such labor, he 6 

files in the clerk's office of the town against which he claims such right 7 

of action a written statement under oath of the amount of the debt 8 

so due to him, and the names of the persons for whom and by whose 9 

employment the labor was performed, and if, within sixty days after 10 

he ceases to perform such labor, he commences such action. Such 11 

right of action shall not be lost b\- reason of a mistake in stating the 12 

amount due; but the claimant shall not recover as damages a larger 13 

amount than is named in said statement as due to him, with interest. 14 

No person who has contracted to furnish labor other than his own in 15 

such construction shall have such right of action. 10 



Security for 
payment of 
labor on pub- 
lic works. 
1904. 349. 
1909. 514. 
§§ 23, 145. 
1920. 210. 
1929, 110. 
204 Mass. 494. 
206 Mass. 585. 
211 Mass. 113. 
218 Mass. 535. 
225 Mass. 292. 
233 Mass. 420. 

235 Mass. 263. 

236 Mass. 319. 

238 Mass. 257. 

239 Mass. 216. 
241 Mass. 266. 



Section 29. Officers or agents who contract in behalf of any county, 
city or town for the construction or repair of public buildings or other 
public works shall obtain sufficient security, by bond or otherwise, for 
payment by the contractor and su])-contractors for labor performed or 
furnished and materials used or employed in such construction or repair; 
but to obtain the benefit of such security the claimant shall file in the 
office of the county treasurer or of the city or town clerk a sworn state- 
ment of his claim within sixty days after the claimant ceases to perform 
labor or furnish labor or materials, and shall, within one year after the 
filing of such claim, file a petition in the superior court for the proper 
county to enforce his claim or intervene in a petition already filed. 

252 Mass. 571. 255 Mass. 228. 2.59 Mass. 310. 



1 

2 
3 
4 
5 
6 
7 
8 
9 
10 
11 



i7. 
i 19. 



Eight hour day 
and forty-eight 
hour week for 
certain public 
employees. 
Exception. 
1890, 375. 
1891.350. 
1894, 508. 
R. L. 106, 
1906, 517, 
5U.3. 

1907.269, § 1; 
570. 

1909. 514, 
H 37. 39. 145. 
1911, 494, § 1. 
1916. 240, 
« 1,3. 
1923. 236. 
220 Mass, 416. 
226 Mass. 517. 

1 Op. A. G. 10 

2 Op. A. G. 442 
475, 497. 

3 0p. A. G.93, 
567. 

4 0p. A. G.20, 
443. 



Section 30. The service of all laborers, workmen and mechanics 
now or hereafter employed by the commonwealth or any county therein 
or any town which, by vote of the city council, or of the voters at a 
town meeting, accepts this section or has accepted section one of chapter 
two hundred and forty of the General Acts of nineteen hundred and 
sixteen, or by any contractor or sub-contractor for or upon any pulilic 
works of the "commonwealth or of any county therein or of any such town 
is hereby restricted to eight hours in any one day and to forty-eight hours 
in any one week. No oflScer of the commonwealth, except as provided 
herein, or of any county or of any such town, no such contractor or sub- 
contractor or other person whose duty it is to employ, direct or control 11 
the service of such laborers, workmen or mechanics shall require or 12 
permit any such laborer, workman or mechanic to work more than eight 13 
hours in any one day, or more than forty-eight hours in any one week, 14 
except in cases of extraordinary emergency. The provisions of this 15 
section shall not prohibit the employment by the state department of 16 
public works, or by any contractor or sub-contractor for said depart- 17 
ment, of laborers, workmen and mechanics for more than eight hours 18 
in anv one dav in the construction or reconstruction of highways when, 19 



9 
10 



Chap. 149.] l,\bor a.vd i.ndustries. 1869 

20 in the opinion of the commissioner of hil)or and iiuhistries, public neces- 

21 sity so requires. 

1 Section 31. The service of all lahorers, workmen and mechanics Eight hour day 

2 now or hereafter employed liy any town which has accepted section p"oyces1in c"- 

3 twenty of chai)ter one hundred ancl six of the Revised Laws, or section liJwns'"^* *'"' 

4 forty-two of chapter five hundred and fourteen of the acts of nineteen \f^- Hf 

5 hundred and nine, or said section forty-two, as affected by chapter four 'ij ];■ 'oe. 1 20. 

6 hundred and ninety-four of the acts of nineteen hundred and eleven, 1909! 514! 

7 and which has not accepted section one of chapter two hundred and i9ii.'494.'5 1. 

8 forty of the (icneral Acts of nineteen hundred and sixteen, or by any I'-lo Mass^ 416! 

9 contractor or sub-contractor for or upon any public works of any such i'oJ^'.Ji'cj.^^i 

10 town, is hereby restricted to eiijht hours in anv one dav. No officer of L^?,.-^- *^- 

. • ^ * *■ y.s. 567. 

11 any such town, no such contractor or sub-contractor or other person 4 0p. A.G.443. 

12 whose duty it is to employ, direct or control the service of such laborers, 

13 workmen or mechanics shall require or permit any such laborer, work- 

14 man or mechanic to work more than eight hours in any one day, except 

15 in cases of extraordinary emergency. But any such town may accept 

16 the preceding section and shall thereupon become subject thereto. 

1 Section 32. In construing sections thirty and thirty-one, engineers Definitions. 

2 shall be regarded as mechanics, and a threat of loss of employment or a 57a ■^*'^' ^ ^' 

3 threat to obstruct or prevent the obtaining of employment or to refrain {91 j; 494' | f^' 

4 from employing in the future shall be considered to be "requiring". 1916. 240. § 1. 

1 Section 33. It shall not be a violation of section thirty or thirty- Limitation of 

2 one if, in the event of a Saturday half holiday being given to a laborer, i906°li'7,|V 

3 workman or mechanic, his hours of labor upon other working days sjo'^'^®'' ^^• 

4 are increased sufficiently to make a total of fortv-eight hours for his !S??' fif | F" 

- , , " * o 1911, 494, I) 1. 

week s work. 

1916, 240, § 1. 

1 Section 34. E\-ery contract, except for the purchase of material or Contracts for 

2 supplies, involving the employment of laborers, workmen or mechanics, TOnta'in''sTipui^- 

3 to which the commonwealth or any county or any town, subject to hom-'Ifay? ctf.'^' 

4 section thirty, is a party, shall contain a stipulation that no laborer, certTin°°n- 

5 workman or mechanic workinsr within the commonwealth, in the employ tracts void. 

„ » , , ' , , . '^. ■ 1893,406. 

D 01 the contractor, sub-contractor or other person domg or contracting 1894, sos. § 8. 

7 to do the whole or a part of the work contemplated by the contract, shall i906,'5i7.' § 2.' 

8 be required or permitted to work more than eight hours in any one day 1909; lu'. ^ ^' 

9 or more than forty-eight hours in any one week, except in cases of extraor- i9n^'49t^§ 2. 
10 dinarv emergency, or in case anv town subject to section thirtv-one is \^x*- 237- 
11a party to such a contract, more than eiglit hours in any one day, except 4 0p.A. G.303. 

12 as aforesaid; provided, that in contracts entered into by the depart- 

13 ment of public works for the construction or reconstruction of highways 

14 there may be inserted in said stipulation a provision that said depart- 
1.5 ment, or any contractor or sub-contractor for saitl department, may 
1() employ laborers, workmen and mechanics for more than eight hours in 

17 any one day in such construction or reconstruction when, in the opinion 

15 of the commissioner of labor and industries, public necessity so requires. 

19 Every such contract not containing the aforesaid stipulation shall be 

20 null and void. 

1 Section 3.5. Any agent or official of the commonwealth or of any Penalty for 

2 county, city or town, or any contractor or sub-contractor, or any agent sTlTr'sT ^ ^°' 



1870 LABOR AND INDUSTRIES. [ChAP. 149. 

1906. 517. § 4. or person acting on behalf of any contractor or sub-contractor, who 3 

1909; 514: § 40. violates section thirty, thirty-one or thirty-four shall be punished by _a 4 

1911, 494, § 3. gjjp p£ j^Q^ more than one thousand dollars or by imprisonment for six 5 

months, or both. 6 

nofappueabie" SECTION 36. Scctions thirty, thirty-one and thirty-four shall not 1 

190^570'^''^''^' apply to the preparation, printing, shipment and delivery of ballots to 2 

1909! 514, § 39. be used at a caucus, primary, state, city or town election, nor during 3 

1916! 24o! § 2. the sessions of the general court to persons employed in legislative 4 

1918,90, §2, pj.jj^j.jjjg Qj, binding; nor shall they apply to persons employed in any 5 

ll'li.^OT.'ioi. state, county or municipal institution, on a farm, or in the care of the 6 

grounds, in the stable, in the domestic or kitchen and dining room 7 

service or in store rooms or offices, or to persons employed by the com- 8 

missioners of the Massachusetts nautical school, on boats maintained 9 

by the state police for the enforcement of certain laws in the waters of 10 

the commonwealth, or in connection with the care and maintenance 11 

of state armories, or to the purchase, operation or lease of farm ma- 12 

chinery by the department of agriculture. 13 

S' certain' citL SECTION 37. In any town not subject to section thirty or thirty-one 1 

i89o"375''' ^^^^ hours shall constitute a day's work for all laborers, workmen and 2 

i89i! 350. mechanics employed by or on behalf of such town. 3 

1S94, 508, § 7. R. L. 106, § 19. 1909, 514, §§ 43, 145. 1 Op. A. G. 10. 

VacationsfOT SECTION 38. All laborers, workmen and mechanics permanently in 1 

employees. the employ of the commonwealth or the metropolitan district commis- 2 

§ 123. ' ' sion who are within the provisions of section thirty as affected by sec- 3 

o^^a^gP*^^" tions thirty-two and thirty-six shall be entitled to an annual vacation 4 

(1917) 142. ^j ^^ j^g^g^ twelve working days with pay. 5 

M^fficCTs'^'t?'^ Section 39. The hours of labor of officers, instructors and such 1 

of state penal ' other cmployccs of state penal institutions as are described in section 2 

1908, 547, § 1. thirty-six shall not exceed sixty in each week, and every such officer, 3 

§5 53,145. instructor or employee whose presence is required at the institution 4 

seven days a week shall be given at least two days' vacation in each 5 

month, without loss of pay, in addition to the regular annual vacation. 6 

This section shall not prevent the warden or superintendent from requir- 7 

ing the services of all his officers, instructors and employees to assist 8 

in recapturing an escaped prisoner or in any case of extraordinary 9 

emergency. 10 

Hours of labor SECTION 40. Officers, watchmen and matrons employed by counties 1 

institu'tions. in penal and reformatory institutions shall be subject to sections thirty, 2 

wm%5. thirty-two and thirty-three. The hours of labor of such other em- 3 

wos! 23i! ^ ""■ ployees of county jails and houses of correction as are described in 4 

1914! 623, 5 L ■ section thirty-six shall not exceed sixty in each week, and every such 5 

employee whose presence is required at such institutions seven days a 6 

week shall be given at least two days of vacation in each month, without 7 

loss of pay in addition to any annual vacation. A county officer requir- 8 

ing an employee to work more than sixty hours in a week shall be 9 

' punished by a fine of not less than twenty-five nor more than fifty 10 

i dollars. H 



Chap. 149.] labor and industries. 1871 

1 Section 41. Except as provided in section sixty-five of chapter Laborers, etc., 

2 ninety-two, all laborers, workmen and mechanics employed by the thl'^commOT- 
.3 commonwealth in any capacity, or by any officer, department or board given'saturday 

4 on behalf of the commonwealth, who are permanent employees or who igH'^ggg"^' i 

5 have been certified under the civil service laws, and whose services can }-!{^' jss! 
G be dispensed with, shall be given a half holiday on every Saturday in SSs.'o. 

7 the year without loss of pay. 

1919, 350. §§ 63. 65. 3 0p. A. G.61. 

1 Section' 42. So far as possible, all work by laborers, workmen and t^aborers. etc., 

2 mechanics employed by the commonwealth or by any officer, depart- common- 
ly ment, board or commission on behalf of the commonwealth, shall be day work basis 
4 on the day work basis. .(possible. 

1914, 688. 5 2. 1915. 288. 1918, 262, §§ 5, 6. 

1 Section 4.3. The application of a citizen of the commonwealth for Equal oppor- 

2 employment in any department of the commonwealth or of any political tain'eUpioy-' 

3 subdivision thereof or in any department of a street railway company, dt^zenr." "" 

4 operated, owned, controlled or financially aided in any way by the com- i^^o, 376. 

5 monwealth, or by any political subdivision thereof, shall not be affected 
C by the applicant's national origin, race or color. 



1 Section 44. No veteran, as defined in section twenty-one of chapter Holiday for 

2 thirty-one, in the service of the commonwealth or of any county, city or Memoriaf" 

3 town therein, or of the metropolitan district commission, except police- 1920,531. 

4 men and firemen and members of the department of public safety doing 

5 police duty, shall be required to perform any service on Memorial Day. 

6 Such veterans, if employed as policemen or firemen by the metropolitan 

7 district commission or by any city or town, may be granted leave of 

8 absence without loss of pay on Memorial Day by the said commission 

9 or by the governing authorities in cities and towns. 

PRIV.\TE EMPLOYMENT. 

1 Section 45. Whoever requires an employee to work in any mill or Penalty for re- 

2 factory on any legal holiday, except to perform such work as is both on'hoifday"' 

3 absolutely necessary and can lawfully be performed on Sunday, shall be §§'/,■ 2.^'' 

4 punished by a fine of not more than five hundred dollars. 

1 Section 46. No person shall require or request any employee of a Requiring 

2 manufacturing or mechanical establishment to work more hours in any ol'^holirTt"''" 

3 one day than is limited by law, in order to make up time lost by reason holiday"} Jr" 

4 of a legal holiday. bidden. 

1913, 359. § 1. 

[Penalty, § ISO] 

1 Section 47. Whoever, except at the request of the employee, re- One day's rest 

2 quires an employee engaged in any commercial occupation or in the peSTy.' 

3 work of any industrial process not subject to the following section or in \lol] lll\ 

4 the work of transportation or communication to do on Sunday the l^if'Q*g' 

5 usual work of his occupation, unless he is allowed during the six days 5§ i.'a. 

6 ne.xt en.suing twenty-four consecutive hours without labor, shall be 

7 punished by a fine of not more than fifty dollars; but this and the 

8 following section shall not be construed as allowing any work on Sunday 

9 not otherwise authorized bv law. 



1872 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Same subject. 
Penalty. 
1913. 619, 
§§1.6. 



Section 48. Every employer of labor engaged in carrying on any 1 

manufacturing or mercantile establishment in the commonwealth shall 2 

allow every person, except those specified in section fifty, employed in 3 

such manufacturing or mercantile establishment at least twenty-four 4 

consecutive hours of rest in every seven consecutive days. No employer 5 

shall operate any such manufacturing or mercantile establishment on 6 

Sunday unless he has complied with section fifty-one. Whoever violates 7 

this section shall be punished by a fine of fifty dollars. 8 



Limitation of 
two preceding 
sections. 
1907, 577, § 2. 
1909, 514, 
§5 52, 145. 
1913, 619, § 5. 



Section 49. The two preceding sections shall not apply to es- 
tablishments used for the manufacture or distribution of gas, electricity, 
milk or water, hotels, restaurants, drug stores, livery stables or garages, 
nor to the transportation, sale or delivery of food. 



Exceptions. 
1913, 619, § 2. 



Section 50. Sections forty-seven and forty-eight shall not apply to 
(a) janitors; (b) watchmen; (c) employees whose duties include no work 
on Sunday other than (1) setting sponges in bakeries, (2) caring for 
live animals, (3) maintaining fires, (4) caring for machinery; (d) em- 
ployees engaged in the preparation, printing, publication, sale or de- 
livery of newspapers; (e) farm or personal service; (/) any labor called 
for by an emergency that could not reasonably have been anticipated. 



List of persons 
working on 
Sunday. 
1913, 619, § 3. 
1919, 350, § 69. 



Section 51. Before operating on Sunday, every employer subject 
to section forty-eight shall post in a conspicuous place on the premises 
a schedule containing a list of his employees who are reciuired or allowed 
to work on Sunday and designating the day of rest for each, and shall 
file a copy of such schedule with the department, and promptly file with 
it a copy of every change therein. No employee shall be required or 
allowed to work on the day of rest designated for him. 



Time book. 

Penalties for 

violating 

§§ 51 and 52. 

1913, 619, 

§§4, 6. 

1919, 350, § 69. 



Section 52. Every employer subject to section forty-eight shall keep 
a time book, open to inspection by the department, showing the names 
and addresses of all employees and the hours worked by each of them 
in each day. Whoever violates this or the preceding section shall be 
punished by a fine of fifty dollars. 



Heavy boxes, 
etc., moved by 
women to be 
provided with 
casters, etc. 
Penalty. 

1913, 426, 
§§1,2. 

1914, 241. 

1915, 27. 



WORK BY WOMEN AND CHILDREN. 

Section 53. Boxes, baskets and other receptacles weighing with 1 

their contents seventy-five pounds or over, which are to be moved by 2 

female employees in any manufacturing or mechanical establishment, 3 

shall be pro\ided with pulleys or casters connected with such boxes or 4 

other receptacles, so as to be moved easily from place to place in such 5 

establishments. Whoever violates this section shall be punished by 6 

a fine of not more than fifty dollars for every day during which such 7 

violation continues. 8 



of rare room"^ SECTION 54. The department shall investigate core rooms where 
where women -n'omen are employed, and shall make rules regulating the employment 
Rules. ' of women therein. The rules shall relate to the structure and location 

1912,653, §§ 1. of the rooms, the emission of gases and fumes from ovens, and the size 
1919, 350, § 69, and weight which the women shall be allowed to lift or work on. A 
copy of the rules shall be posted in e\ery core room where women are 



Chap. 149.] labor a.xd industries. 1873 

7 cnii)Ioyed. ^^^locve^ violates any such rule shall be punisiied by a fine 
S of not less than twenty-five nor more than five hundred dollars. 

1 Sectiox 55. No female person shall knowingly be employed in Employment ot 

2 laboring in a mercantile, manufacturing or mechanical establishment be7orTand"after 

3 within two weeks before or four weeks after childbirth. The foregoing forwdrien."' 

4 provision shall be included in the notice with regard to the employment j'jV'l"'' 

5 of women required to be posted in such establishments. 

[Pcaalty, § ISO.] 

1 Section' ofi. Xo child and no woman shall be employed in laboring Hours of labor 

2p . 11 • f i ' * x*l for women and 

in any factory or workshop, or in any manuiacturnig, mercantile, me- (children. 

3 chanical establishment, telegraph office or telephone exchange, or by g.*|' 4?; 1 1; 

4 any express or transportation company, or in any laundry, hotel, mani- {f^^; ^f; | f 

5 curing or hair dressing establishment, motion picture theatre, or as an p*'s''74''ci'- 

6 elevator operator, or as a switchboard operator in a private exchange, isss. 157. 

7 more than nine hours in any one day except that hotel employees who §§i..3. 

8 are not employed in a manufacturing, mercantile or mechanical estab- iss?! 2sb, § 1. 

9 lishment connected with a hotel may be employed more than nine but Jsgt sos! ^ '' 

10 not more than ten hours in any one day; and in no case shall the hours igoo%78. 

11 of labor exceed forty-eight in a week, except that in manufacturing estab- J^-*"^' Ji^. 

12 lishments where the emplovment is determined bv the department to §§ 23, 24.' 

. ' 1902 435 

13 be by seasons, the number of such hours in any week may exceed forty- 1904! 397! 

14 eight, but not fifty-two, provided that the total number of such hours in igos! sui 

15 any year shall not exceed an average of forty-eight hours a week for the ign^'stl: 484. 

16 whole year, excluding Sundays and holidays; and if any child or woman JgJ^iyfl: l^' 

17 shall be emploved in more than one such place, the total number of hours ,S V- ■:-, 

l;tlO, 57. 

IS of such emplovment shall not exceed fortv-eight hours in anv one week. loie. 222. 

. * . ' . 1919 113" 

19 Every employer, except those hereinafter designated, shall post in a3ii,'§i;' 

20 conspicuous place in every room where such persons are employed a 1921, 2so. 

21 printed notice stating the number of hours' work required of them on 222 Mass! 299! 

22 eacli day of the week, the hours of beginning and stopping work, and the |'op'^a^g%69 

23 hours when the time allowed for meals begins and ends, or, in case of iPp^^fP- ^^*- 

24 mercantile establishments and of establishments exempted from sections (i9i7) 42'. 

25 ninety-nine and one hundred, the time, if any, allowed for meals. The (i9i9) 63. 

26 employment of any such person at any time other than as stated in said (1920) le'o. 

27 printed notice shall be deemed a violation of this section unless it appears [penalty, § 57.1 

28 that such employment was to make up time lost on a previous day of 

29 the same week in consequence of the stopping of machinery upon which 

30 such person was employed or dependent for employment; but no stop- 

31 ping of machinery for less than thirty consecutive minutes shall justify 

32 such overtime employment, nor shall such overtime employment be 

33 authorized until a written report of the day and hour of its occurrence 

34 and its duration is sent to the department, nor shall such overtime em- 

35 ployment be authorized because of the stopping of machinery for the 

36 celebration of any holiday. Every employer engaged in furnishing 

37 public service, or in any other kind of business in respect to which the 

38 department shall find that public necessity or convenience requires the 

39 employment of children or women by shifts during different periods or 

40 parts of the day, shall post in a conspicuous place in every room where 

41 such persons are employed a printed notice stating separately the hours 

42 of employment for each shift or tour of duty and the amount of time 

43 allowed for meals. A list by name of the employees, stating in which 

44 shift each is employed, shall be kept on file at each pla,ce of employment 



1874 



LABOR AND INDUSTRIES. 



[Chap. 149. 



for inspection by employees and by officers charged with the enforce- 45 
ment of the law. In cases of extraordinary emergency or extraordinary 46 
public requirement, this section shall not apply to employers engaged in 47 
public service or in other kinds of business in which shifts may be required 48 
as hereinbefore stated; but in such cases no employment in excess of 49 
the hours hereby authorized shall be considered as legalized until a 50 
written report of the day and hour of its occurrence and its duration is 51 
sent to the department. , 52 



Penalty for 
violation of 
preceding 
section. 
1842, 60, § 4. 
G. S.42, § 3. 
1867, 285, § 3. 
1874, 221, § 2. 

1879, 207. 

1880, 194, 5 2. 
P. S. 74. S 5. 
1884, 275, § 2. 
1887, 280, § 1. 



Section 57. A parent or guardian who permits a child under his 
control to be employed in violation of the preceding section, and any 
person who, either for himself or as superintendent, overseer or agent 
for another, employs any person in violation of said section, or fails 
to post the notice required by it, or makes a false report of the stopping 
of machinery, shall be punished by a fine of not less than fifty nor more 
than one hundred dollars. 



1894, 508, §§ 59-61. 
R. L. 106, § 25. 



1909,514, §5 49. 145. 
210 Mass. 387. 



Women and 
minors oper- 
ating elevators. 
1918, 147. 



Section 58. Any law restricting the hours of women and minors 1 

laboring in factories or workshops, or in mercantile, manufacturing or 2 

mechanical establishments, shall, unless it is otherwise expressly pro- 3 

vided, apply to women and minors operating elevators in such establish- 4 

ments, or in any building occupied in whole or in part by any such 5 

establishment, or in any office building. 6 



Night labor for 


women. 




Penalty. 




1890, 


183. 




1892, 


83. 




1894, 


508, 




§§ 12 


.68. 




R. L. 


106. 


§27. 


1907, 


267. 




1909. 


514. 




§§51 


.145, 




Employment of 


children u 


nder 


fourteen. 




1867. 


285. 


§1. 


1876, 


52, ! 


n. 


P. S. 


48. § 1. 


1883, 


224. 




1885, 


222. 




1888, 


348, 




§§1. 


2. 




1892, 


352. 




1894, 


508. 




§§13 


, 15. 




1898. 


494, 


§1. 


R. L. 


106, 


§28. 


1905, 


267, 


§ 1. 


1906, 


284, 


§2. 


1909, 


514. 




§§56 


i, 145 




1913, 


779, 


§14; 


831, 


§1. 





Section 59. No person, and no agent or officer of a person, shall 1 

employ a woman over twenty-one in any capacity for the purpose of 2 

manufacturing before six o'clock in the morning or after ten o'clock 3 

in the evening, or in the manufacture of textile goods after six o'clock 4 

in the evening. Whoever violates any provision of this section shall 5 

be punished by a fine of not less than twenty nor more than fifty dollars. 6 

1 Op. a. G. 209. 



Section 60. Except as provided in section sixty-nine, no person shall 
employ a minor under fourteen or permit him to work in or about or in 
connection with any factory, work shop, manufacturing, mechanical or 
mercantile establishment, barber shop, bootblack stand or establishment, 
public stable, garage, brick or lumber yard, telephone exchange, tele- 
graph or messenger office, or in the construction or repair of buildings, 
or in any contract or wage earning industry carried on in tenement or 7 
other houses. No such minor shall be employed at work performed for 8 
wage or other compensation, to whomsoever payable, during the hours 9 
when the public schools are in session, nor, except as provided in section 10 
sixty-nine, shall he be employed at work before half past six o'clock in 11 
the morning or after six o'clock in the evening. 12 

1921, 410, § 2. 209 Mass. 489. 3 Op. A. G. 177. 



204 Mass. IS. 



2 Op. A. G.616. 
[Penalty, § 78.] 



Employment of SECTION 61. No pcrsou shall cmplov a minor under sixteen or 1 

children under . , . i • , ' • ,• • i* p xi n 

sixteen. permit him to work in operating or assisting in operating any oi the z 

^olationof following macliincs : (1) circular or band saws, (2) wood shapers, (3) 3 

proidSons. wood joiutcrs, (4) planers, (5) picker machines or machines used in 4 



Chap. 149.] labor and industries. 1875 

5 picking wool, cotton, hair or other material, (6) paperlace machines, isst. 121. § 1. 

6 (7) leather burnishing machines, (8) job or cylinder printing presses luY'^T-f.' 

7 operated by power other than foot power, (9) stamping machines used [909, sil' ^ *^' 

8 in sheet metal and tinware or in paper or leather manufacturing or igis'ss*'^' 

9 in washer and nut factories, (10) metal or paper cutting machines, (11) fjaolgs 

10 corner staying machines in paper box factories, (12) corrugating rolls (Ceni-rai 

1 1 such as are used in corrugated paper or in roofing, or washboard fac- penalty, § rs.i 

12 tories, (1.3) steam boilers, (14) dough brakes or cracker machinery of any 
1.3 description, (15) wire or iron straightening or drawing machinery, (16) 

14 rolling mill machinery, (17) power punches or shears, (18) washing or 

15 grinding or mixing machinery, (19) calendar rolls in paper and rubber 

16 manufacturing or other heavy rolls driven by power, (20) laundering 

17 machinery, (21) upon or in connection with any dangerous electrical 

18 machinery or appliances, or in adjusting or assisting in adjusting any 

19 hazardous belt to any machinery, or in oiling or cleaning hazardous 

20 machinery, or in proximity to any hazardous or unguarded belts, ma- 

21 chinery or gearing while such machinery or gearing is in motion; or 

22 in scaffolding; or in heavy work in the building trades; or in stripping, 

23 assorting, manufacturing or packing tobacco; or in any tunnel; or in 

24 a public bowling alley; or in a pool or billiard room. No such minor 

25 shall be employed or permitted to operate, clean or repair a freight 

26 elevator; violation of this provision shall be punished by a fine of not 

27 more than one hundred dollars. 

1 Section 62. No person shall employ a minor under eighteen or Employment of 

2 permit him to work: (1) in or about blast furnaces; (2) in the operation Tiglnlln'"^" 

3 or management of hoisting machines; (3) in oiling or cleaning hazardous aev^iSl: 208. 

4 machinery in motion; (4) in the operation or use of any polishing or [Penalty, § 78.1 

5 buffing wheel; (5) at switch tending; (6) at gate tending; (7) at track 

6 repairing; (8) as a brakeman, fireman, engineer, motorman or con- 

7 ductor upon a railroad or railway; (9) as a fireman or engineer upon 

8 any boat or vessel; (10) in operating motor vehicles of any description; 

9 (11) in or about establishments wherein gunpowder, nitroglycerine, 

10 dynamite or other high or dangerous explosive is manufactured or 

11 compounded; (12) in -the manufacture of white or yellow phosphorus 

12 or phosphorus matches; (13) in any distillery, brewery, or any other 

13 establishment where malt or alcoholic liquors are manufactured, packed, 

14 wrapped or bottled; (14) in that part of any hotel, theatre, concert hall, 

15 place of amusement or other establishment where intoxicating liquors 

16 are sold. This section shall not prohibit the employment of minors in 

17 drug stores. 

1 Section 63. The department may, after a hearing duly held, deter- Department 

2 mine whether or not any particular trade, process of manufacture or jTrocesserS'^f 

3 occupation, in which the employment of minors under the age of sixteen ehudrX '° 

4 or eighteen is not forbidden by law, or any particular method of carry- of''°^'^io?.° 

5 ing on such trade, process of manufacture or occupation, is sufficiently men' therein. 

6 dangerous or is sufficiently injurious to the health or morals of minors R l'. loe! § 44. 

7 under sixteen or eighteen to justify their exclusion therefrom. No 1910! 404! 

8 minor under sixteen or eighteen shall be employed or permitted to work §§'4^.|^'' 

9 in any trade, process or occupation thus determined to be dangerous or slJ^yW.' ^ '' 
10 injurious to such minors, respectively. 

(Penalty, 5 78.) 



1876 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Employment of 
persons under 
twentv-one. 
1913, S31, § 7. 

(Penalty, § 78.) 



Section 64. No person shall employ a minor or permit him to work 1 

in, about or in connection with any saloon or bar room where alcoholic 2 

liquors are sold. No person shall knowingly take or send any such 3 

minor or cause or permit him to be sent to any disorderly house or 4 

house of prostitution or assignation or other immoral place of resort 5 

or amusement. & 



rf chM°rei'*''°'^ SECTION 65. No pcrsou shall employ a minor under sixteen or per- 1 

under|^xteen. j^jt him to work in, about or in connection with any establishment or 2 

831. '§8.' ' occupation named in section sixty, or for which an employment cer- 3 

§ 1, ci. 5.' tificate is required, for more than six days in any one week, or more than 4 

4io!'§^3.^' ^ ^' forty-eight hours in any one week, or more than eight hours in any one 5 

4 Op. A. G. 257. jg^y^ ^^^ except as provided in section sixty-nine, before half past six 6 

[Penalty, § 78.] ^'^.1^^,]^ {jj ^j^g moming, or after six o'clock in the evening. The time 7 

spent by such a minor in a continuation school or course of instruction 8 

as required by section twenty-two of chapter seventy-one shall be 9 

reckoned as a part of the time he is permitted to work. 10 



Hours of labor 
of boys under 
eighteen and 
girls under 
twenty-one. 
1890, 183. 
1892, 83. 
1894. 508, 
§§ 12, 68. 
R. L. 106, § 27, 
1907, 267. 
1909, 514, 
§§ 51. 145. 
1913, 831, § 9. 



Section 66. No person shall employ a boy under eighteen or a 1 

girl under twenty-one or permit such a boy or girl to work in, about 2 

or in connection with any establishment or occupation named in sec- 3 

tion sixty before five o'clock in the morning or after ten o'clock in the 4 

evening, or in the manufacture of textile goods after six o'clock in the 5 

evening; provided, that girls under twenty-one may be employed as 6 

operators in regular service telephone exchanges until, but not after, 7 

eleven o'clock in the evening. 8 

1917,294. 261 Mass. 226. 1 Op. A. G. 209. 4 Op. A. G. 257. 

[Penalty. § 78.) 



Same subject, 
1913. 831, § 9. 
1917, 294. 
1919, 113. 

[Penalty, § 78.] 



Section 67. Except as limited by section fifty-six, no person shall 
employ a boy under eighteen or a girl under twenty-one or permit such 
a boy or girl to work in, about or in connection with any establishment 
or occupation named in section sixty for more than six days in a week, 
or more than fifty-four hours in a week, or more than ten hours in a day. 



Employment of 
minors as mes- 
sengers, etc., 
regulated. 
1911, 629, § 1, 
1913, 831, § 10. 

[Penalty, § 78.) 



Section 68. Except for the delivery of messages directly con- 
nected with the business of conducting or publisliing a newspaper to 
a newspaper office or directly between newspaper offices, no person 
shall employ a minor or permit him to work as messenger for a tele- 
graph, telephone or messenger company in the distribution, transrnis- 
sion or delivery of goods or messages before five o'clock in the morning 
or after ten o'clock in the evening. 



forlhiiSen" Section 69. No boy under twelve and no girl under eighteen shall, 

regulated Ui '" ^^y ^^^y °^ °^'^'' ^^^y thousand inhabitants, sell, expose or offer for 
i92i; 410: § 1. ■ sale any newspapers, magazines, periodicals or any other articles of 
(Penalty. § 83.] merchandise of any description, or exercise the trade of bootblack or 

scavenger, or any other trade, in any street or public place. _ b 

A boy over twelve may engage or be employed in any city or town in 6 

the sale or delivery of newspapers, magazines or other periodicals in a 7 

street or on a newspaper route; provided that no minor under fourteen 8 



Chap. 149.] labor and industries. 1877 

9 may so engage or be employed during the hours that tlie public schools 

10 of the city or town in which such minor resides are in session nor before 

1 1 six o'clock in the morning nor after eight o'clock in the evening, nor 

12 unless such minor has secured a badge from the officer authorized to 

13 issue employment certificates in the city or town wiiere he resides to 

14 which badge sections seventy-one and seventy-two shall apply. 

1 Section 70. No minor under sixteen shall engage or be emploved in same subject. 

2 any of the trades or occupations mentioned in the preceding section v.m'. iio,' § 4. ' 

3 unless such minor complies with all the provisions of the three following [Penalties. 

4 sections and with all the legal requirements concerning school attendance, 

5 and unless a badge has been issued to such minor by the officer author- 
C izcd to issue employment certificates in the city or town where such 
7 minor resides. 

1 Section 71. Such badge shall not be issued until the officer issuing issue of badges. 

2 the same shall have received, examined, approved and filed evidence 

3 that such boy is twelve or over, which shall consist of the proof of age 

4 required by section eighty-seven for the issuing of an employment certifi- 

5 cate. Such officer may refuse to issue such badge to any boy who in 

6 his opinion, after due investigation, is found physically or mentally in- 

7 competent or unable to do such work in addition to the regular school 
S attendance required by law. 

1 Section 72. The badge shall be worn, conspicuously exposed at all ^'ifadels.^"'' 

2 times, by such boy while so working. No boy to whom the said badge ^^^■^^ ^'■^'■' 5 1^- 

3 has been issued shall transfer the same to any other boy. He shall IPeo'^'ty' § sa.i 

4 exhibit the same upon demand at any time to any officer mentioned in 

5 section seventy-seven. The school committee of any city may make 
G further regulations and requirements for issuing such badges. 

1 Section 73. No boy under sixteen shall engage in any of the trades Hours of street 

2 or occupations mentioned in section sixty-nine in any street or public under siTtee'n.^ 

3 place after nine o'clock in the evening or before five o'clock in the morn- '®'^' *^'' ^ ^^" 

4 ing, nor, unless provided with an employment certificate, during the §§"78,83^! 

5 hours when the public schools in the city where such boy resides, or 

6 the school which such boy attends, are in session. 

1 Section 74. Except as provided in section fifty-six, every person Lists of hours of 

2 employing any minor in any establishment mentioned in section sixty mnmlTohe" 

3 shall keep posted in a conspicuous place in the room where such minor igfsj'ssi. § 16. 

4 is employed or permitted to work a printed notice stating the number [Penalty, § 78.) 

5 of hours such minor is required or permitted to work on each day of 

6 the week, with the total for the week, the hours of commencing and 

7 stopping work, and the hours when the time allowed for meals l)egins 

8 and ends for each da\' of the week. 

9 The employment of any minor at any time other than as stated in 

10 said printed notice shall be deemed a violation of this section. The 

11 terms of such notice for any week or part thereof shall not be changed 

12 after the beginning of labor on the first day of the week without the 

13 written consent of the commissioner. 



1878 



LABOR AND I>fDUSTRIES. 



[Chap. 149. 



tob?fiS-^Sld Section 75. The department, after approval by the attorney 1 

by the depart- general, shall, upon application, furnish the printed forms of the lists 2 

rs86.'9o. and notices required bv sections fiftv-six and seventy-four to all persons 3 

1887. 280, § 1- • , ^ \ , 1 • A 

1894, 508, § 11. required to post the same. ■* 

1901,113. 1909, 514. §M7, 48, 145. 191.5.57. 

R. L. 106, §§ 23, 24. 1911, 484. § 1. 191B. 222. 

1902, 435. 1912, 477. 1919, 113; 350, § 69. 

1908, 645. 191:j. 75S; 831, § 18. 

Duties of Section 76. Inspectors shall visit and inspect the places of em- I 

i9\3%3i,'§ 18. ployment mentioned in sections sixty to sixty-eight, inclusive, and shall 2 

ascertain whether any minors are employed therein contrary to said 3 

sections. They shall report to the school authorities any cases of chil- 4 

dren under sixteen discharged for illegal employment. Any person may 5 

prosecute violations of sections sixty to seventy-four, inclusive. 6 



Powers of 
supervisors of 
attendance 
1913. 831, 
1931, 394, 
§ 149. 



19, 



Section 77. Sections sixty-nine to seventy-three, inclusive, relating 
to minors engaged in the occupations mentioned in section sixty-nine, 
shall be enforced by supervisors of attendance, who are hereby vested 
with full police powers for the purpose, and by police officers. The 
school committee of each city may appoint or designate one or more 
special supervisors of attendance to have supervision over minors en- 
gaged in such occupations and over the enforcement of said sections. 



Penalty for 
violation of 
§§ 60-74. 
1911, 6:j9. § 2. 
1913. 831, § 20. 
1931. 394, 
§ 150. 
267 Mass. 208. 



Penalty for 
hindering in- 
spectors, etc. 
1913. 831, § 21. 
1931. 394, 
§ 151. 



Section 7S. Whoever, by himself or for others, or through agents, 1 

servants or foremen, employs, induces or permits any minor to work 2 

contrary to any provision of sections sixty to seventy-four, inclusive, 3 

shall, except as provided in section sixty-one, be punished for a first 4 

offence by a fine of not less than ten nor more than fifty dollars or by 5 

imprisonment for not more than one month, or both, and for a subse- 6 

quent offence by a fine of not less than fifty nor more than two hundred 7 

dollars or by imprisonment for not more than two months, or both. 8 

The employment of any minor in \'iolation of any provision of said 9 

sections, after the person employing such minor has been notified thereof 10 

in writing by any authorized inspector or supervisor of attendance, 11 

shall constitute a separate offence for every day during which the em- 12 

ployment continues. 13 

Section 79. Any person who hinders or delays any authorized 1 

inspector or supervisor of attendance in the performance of his duties, 2 

or who refuses to admit to or locks out any such inspector or super\lsor 3 

from any place which such inspector or supervisor is authorized to 4 

inspect, or who refuses to give to such inspector or supervisor such 5 

information as may be required for the proper enforcement of sections 6 

sixty to se\'enty-four, inclusive, shall be punished by a fine of not less 7 

than twenty-five nor more than two hundred dollars or by imprisonment 8 

for not more than two months, or both. 9 



Penalty for 
furnishing 
articles to be 
illegally sold 
by minors 
engaged in 
street trades, 
or aiding in 
violation of 
§§ 69-73. 
1913, 831, § 22. 



Section 80. Whoever furnishes or sells to any minor any article of 
any description with the knowledge that the minor Intends to sell such 
article in violation of any provision of sections sixty-nine to seventy- 
three, inclusive, or after having received written notice to this effect 
from any officer ciiarged with tiie enforcement thereof, or knowingly 
procures or encourages any minor to violate any provisions of said sec- 
tions, shall be punished by a fine of not less than ten nor more than two 



Chap. 149.] labor and industries. 1879 

8 hundred dollars or by imprisonment for not more than two months, 

9 or both. 

1 Section 81. Any parent, guardian or custodian having a minor Penalty on 

2 under his control who compels or permits such minor to work in viola- gS[rdLn%tc. 

3 tion of any provision of sections sixty to seventy-four, inclu.sive, or ^®'^' *^'' * ^*' 

4 knowingly certifies to any materially false statement for the purpose of 
.') obtaining the illegal employment of such minor, shall for a first offence 
(i be punished by a fine of not less than two nor more than ten dollars or 
7 by imprisonment for not more than five days, or both; and for a subse- 

5 quent offence by a fine of not less than five nor more than twenty-five 
9 dollars or by imprisonment for not more than ten days, or both. 

1 Section 82. Any inspector, supervisor of attendance, superintendent Penalty on 

2 of schools or other person authorized to issue the badges required by igia^s'si, § 24 

3 section seventy, or any other person charged with the enforcement of i^fsj.^^*' 

4 any of the provisions of sections sixty to eighty-three, inclusive, who 

5 knowingly violates or fails to comply with any provision of said sections, 

6 shall be punished by a fine of not less than ten nor more than two hun- 

7 dred dollars or by imprisonment for not more than two months, or both. 

1 Section 83. Any minor who engages in any of the trades or occu- Penalty on 

2 pations mentioned in section si.xty-nine in violation of any provision of mXssi. .§ 25. 

3 sections sixty-nine, seventy or seventy-two to seventy-four, inclusive, §^^33,^^*' 

4 shall for the first offence be warned by the supervisors or officers men- 

5 tioned in section seventy-seven, and the parent, guardian or custodian 

6 shall be notified. In case of a second violation, such minor may be 

7 arrested and dealt with as a delinquent child, or, if over seventeen, shall 

8 be punished by a fine not exceeding fifteen dollars. Upon the recom- 

9 mendation of the principal or chief executive officer of the school which 

10 such minor attends, or upon the complaint of any supervisor of attend- 

11 ance, police officer or probation officer, the badge of any minor violating 

12 any provision of sections seventy to seventy-three, inclusive, or who 

13 becomes delinquent or fails to comply with all legal requirements con- 

14 cerning school attendance, may be revoked for three months by the 

15 officer issuing the same and the badge taken from such minor. If any 

16 minor refuses to surrender such badge, or works at any of the occupa- 

17 tions mentioned in section sixty-nine after notice of the revocation of 

18 such badge, he shall be deemed to have violated section seventy. 

1 Section 84. A summons or warrant issued bv anv court or trial Service of proc- 

-,..,. ..... p , • 1 • c ' '• • /■ • ess for violation 

2 justice having jurhsdiction of the violation or any provision of sections of sections re- 

3 sixty to eighty-three, inclusive, or sections ninety to ninety-seven, pioymentof 

4 inclusive, may be served at the direction of the court or justice by an igoe.'^MO. § 5. 

5 inspector or by a school attendance officer or by any officer qualified to js'oi.^w. 

6 serve criminal process. 

191.3, 831, § 26. 

1 Section 85. Sections sixty to eighty-three, inclusive, shall not apply Limitation ot 

2 to the juvenile reformatories, other than the Massachusetts reforma- i9i3%1fi. § 27. 

3 tory, or prevent minors of any age from receiving manual training or (f '\^q' ^ ^^' 

4 industrial education in or in connection with any school which has duly (i9i9) iiV. 

5 been approved by the school committee or by the department of 

6 education. 



1880 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Employment of 
children under 
sixteen with- 
out employ- 
ment certifi- 
cates, etc., 
forbidden. 
Penalty. 
1836. 245, § 1. 
18W, 220. § 1. 
1855. 379. 
1858. 83. § 1. 
G. S. 42. § 1. 
1867. 285. § 1. 
1876. 52. § 2. 
1S7S. 257. 
§U. 5. 
1880. 137. 
P. S. 48. 
§§2,3. 

1888, 348. § 2. 
1892, 352. 
1894, 508, 
§§ 14, 69. 
1898, 494, 
§§2,6. 
R. L. 106, 
§§ 29, 33. 
1906, 499, 
§§4,6. 
1909, 514, 
§§ 57, 64, 145. 
1913, 779, 
§§ 15, 22. 
1916,95, § 2. 
1919, 292, § 12; 
350, §§56,69. 
1921, 351, § 2. 
1931, 394, 
§ 154. 

[Further 
penalty, § 90.1 



Section 86. No person shall employ a child between fourteen and 
sixteen or permit him to work in, about or in connection with any fac- 
tory, workshop, manufacturing, mechanical or mercantile establishment 
or in any employment as defined in section one, other than street trades 
as defined in sections sixty-nine to seventy-three, inclusive, unless the 
person employing him procures and keeps on file, accessible to the 
supervisors of attendance of the town, to agents of the department of 
education, and to the department of labor and industries or its author- 
ized agents or inspectors, the employment certificate issued to such 
child, and keeps a complete list of the names and ages of all such children 
employed therein conspicuously posted near the principal entrance of 
the building where they are employed; provided, that pupils in co-oper- 
ative courses in public schools may be employed by any co-operating 
factory, manufacturing, mechanical or mercantile establishment or 
workshop, or any employment as defined in section one, upon securing 
from the superintendent of schools a special certificate covering this 
type of employment. Children between fourteen and sixteen employed 
in private domestic service or service on farms shall be required to secure 
a special certificate issued by the superintendent of schools covering such 
employment. On termination of the employment of a child whose em- 
ployment or special certificate is on file, said certificate shall be returned 
by the employer within two days after said termination to the office of 
the superintendent of schools or school committee from which it was 
issued. Any person who retains an employment certificate contrary to 
this section shall be punished by a fine of not less than ten nor more than 
one hundred dollars. 



1 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

1.3 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 



30. 



Employment 
certificates. 
1888. 348. § 5. 
1894, 508, § 19 
1898, 494, § 3. 
R. L. 106, ' " 
1905, 267, § 2, 

1909, 514, 
§§ 58, 145. 

1910, 257, § 3. 

1911, 269, § n 
1913, 779, § 16 
805. §§ 5, 7. 
1914. 316. 
1919,62; 311, 
§§3 (2), 5. 



Section 87. An employment certificate shall be issued only by the 
superintendent of schools or by a person authorized by him in writing, 
or, where there is no superintendent of schools, by a person authorized 
in writing by the school committee of the town where the child to 
whom it is issued resides during his employment, or, if the child resides 
outside the commonwealth, of the town where the child is to be em- 
ployed; provided, that no member of a school committee or other 
person authorized as aforesaid shall have authority to issue such cer- 
tificate for any child then in or about to enter such person's own em- 
jiloyment or the employment of a firm or corporation of which he is a 
member, officer or employee. If an employment certificate is issued 
to a child under sixteen authorizing employment in a town other than 
that of his residence, a duplicate thereof shall be sent forthwith to 
the superintendent of schools of the town where the employment is 
authorized. 

The person issuing an employment certificate shall, before issuing it, 
receive, examine, approve and file the following papers, duly executed: 

(1) A pledge or promise, signed by the employer or by an authorized 
manager or superintendent, setting forth the character of the specific 
employment, the number of hoin-s per day during which the child is 
to be regularly employed, and the name and address of the employer, 
in which pledge or promise the employer agrees to employ the chilfl in 
accordance with this chapter, and to return the employment certificate 
as provided in the preceding section. 

(2) The school record of such child, filled out and signed as pro- 
vided in the following section, except when such record may be waived 
thereunder. 



1 
2 

3 

4 

5 

() 

7 

8 

9 

10 

11 

12 

13 

14 

15 

l(i 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 



ChAI'. 14!).] LABOR AXD INDUSTRIES. 1881 

28 (3) A certificate, signed by a school or family physician, or by a 

29 physician appointed by the school committee, stating that the child 

30 has been thoroughly examined by said physician, and in his opinion 

31 is in sufficiently- sound health and physically able to perform the work 

32 which the child intends to do. 

33 (4) Evidence of age, showing that the child is fourteen, which shall 

34 consist of one of the following proofs of age: 

35 (a) A birth certificate, or a duly attested transcript thereof, made 
30 by a registrar of vital statistics or other officer charged with the duty 

37 of recording births. 

38 (b) A baptismal certificate, or a duly attested transcript thereof, 

39 showing the age and date of baptism of the child. 

40 (c) If none of the aforesaid ])roofs of age is obtainable, and only in 

41 such case, the person issuing emi)l()yment certificates may accept in 

42 lieu thereof a passjjort or a duly attested immigration record, or tran- 

43 script thereof, showing the age of the child, or other official or religious 

44 record of the child's age; provided, that it shall appear to the satis- 

45 faction of said person that the same is good and sufficient evidence of 

46 the child's age. 

47 {(I) If none of the aforesaid proofs of age' is obtainable, and only in 

48 such case, the person issuing employment certificates may accept in 

49 lieu thereof a record of age as given on the register of the school which 

50 the child first attended in the commonwealth; provided, that such 

51 recorfl was kept for at least two years during the time when such child 

52 attended school. 

53 (e) If none of the aforesaid proofs of age is obtainable, and only in 

54 such case, the person issuing employment certificates may receive the 

55 signed statement of the school ])hysician, or of the jjhysician appointed 

56 by the school committee, stating that after examination it is the opinion 

57 of such physician that the child is at least fourteen. Such physician's 

58 statement shall be accompanied by a statement signed by the child's 

59 parent, guardian or custodian, or, if such child has no parent, guardian 

60 or custodian, by the signed statement of the next adult friend. Such 

61 signed statement shall contain the name, date and place of birth and 

62 residence of the child, and shall certify that the parent, guardian, cus- 

63 todian or next friend signing it is unable to produce any of the proofs 

64 of age specified in this section. Such statement shall be so signed in the 

65 presence of the person issuing the employment certificate. The person 

66 issuing employment certificates may, before issuing a certificate, re- 

67 quire the parent, guardian, custodian, or next adult friend of the child 

68 to appear and ajjprove in writing the issuance of said certificate. 

69 A certificate relating to the age or place of birth of any child or to 

70 any other fact sought to be established in relation to school attendance 

71 shall be issued, upon recjuest, by a town clerk, and no fee shall be charged 

72 therefor by a town clerk or other official. 

73 The superintendent of schools or a person authorized by him in 

74 writing may re\oke the employment certificate or home permit of any 

75 child failing to attend a continuation school or course of instruction 

76 when so required by sections twenty-two and twenty-five of chapter 

77 seventy-one. Whenever such a certificate authorizing employment of a 

78 child elsewhere than in his place of residence is held by him the super- 

79 intendent of schools of the town of his employment shall forthwith 

80 notify the superintendent of schools issuing the certificate of the child's 

81 failure to comply with said section twenty-two. 



1882 LABOR AND INDUSTRIES. [ChAP. 149. 

reqiSrldTr"* SECTION 88. The school record required by the preceding section 1 

cCTtifiSt'e"' shall be filled out and signed by the principal or teacher in charge of 2 

1898,494, 5 4 the school which the child last attended, and shall be furnished only to 3 

1904,432.' ■ a child who, after due examination and investigation, is found to be 4 

1907! 2241 entitled thereto. Said school record shall state the grade last com- 5 

§§°59,^u5. pleted by such child and the studies pursued in completion thereof. It 6 

1914! s8o! ^ '^' shall state the number of days during which such child has attended 7 

1919' 292 5 13 school duriug the twelve months next preceding the time of application 8 

1925,47. for said school record. It shall also give the name, date of birth, and 9 

the residence of the child as shown on the records of the school and the 10 

name of the parent, guardian or custodian. If the school record is not 11 

obtainable from the principal or teacher in charge of the school which 12 

such child last attended, the requirement of a school record may be 13 

waived. 14 

No such school record shall be issued or accepted and no employment 15 

certificate granted unless the child possesses the educational qualifica- 16 

tions described in section one of chapter seventy-six; provided, that a 17 

child over fourteen who does not possess such qualifications may be 18 

granted a limited emplojTuent certificate good only during hours when 19 

school is not in session. " 20 

No such school record shall be issued or accepted unless the child has 21 

regularly attended the public or other lawfully approved schools for 22 

not less than one hundred and thirty days after becoming thirteen; 23 

provided, that the school record may be accepted in the case of a person 24 

who has been an attendant at a public day or other lawfully approved 25 

school for a period of not less than seven years, if in the opinion of the 26 

superintendent of schools such person is mentally incapable of acquiring 27 

the educational qualifications herein prescribed; and provided, further, 28 

that the supermtendent may suspend this requirement in any case when 29 

in his opinion the interests of the child will best be served thereby. 30 

SSpioymem SECTION 89. The emplojTnent certificate required under this chapter 1 

1888^348' ^^^^' state the name, sex, date and place of birth and the place of resi- 2 

s§4,'9. ' dence of the child, and describe the color of his hair and eyes and any 3 

1894! 508! ■ distinguishing facial marks. It shall certify that the child named in 4 

1898. '494,^^' such Certificate has personally appeared before the person issuing the 5 

R. L. W6, §32. certificate and has been examined, and, except in the case of a limited 6 

§§'«),\«. certificate, found to possess the educational qualifications described in 7 

1913' 779' § 18 section one of chapter seventy-six, and that all the papers required by 8 

191^! 316- section eighty-seven have been duly examined, approved and filed and 9 

4 0p!a. G. 102! that all the conditions and requirements for issuing an employment 10 

certificate have been fulfilled. It shall state the grade last completed 11 

by said child. Every such certificate shall be signed in the presence of 12 

the person issuing the same by the child in whose name it is issued. 13 

It shall state the name of the employer for whom, and the nature of the 14 

employment in which, the certificate autliorizes the child to be em- 15 

ployed. It shall bear a number, show the date of its issue and be signed 16 

by the person issuing it. No fee shall be exacted by a town clerk or other 17 

official for an employment certificate or for any paper required by sec- IS 

tions eighty-seven to ninety-five, inclusive. No duplicate employment 19 

certificate shall be issued until it shall appear to the satisfaction of the 20 

person authorized to issue certificates that the original has been lost. 21 



Chap. 149.] labor and industries. 1883 

22 A record giving all the facts contained on every employment certificate 

23 issued shall be filed in the office issuing the same, together with the 

24 papers required by section eighty-seven. A record shall also be kept of 

25 the names and addresses of all children to whom certificates have been 

26 refused, together with the names of the schools which said children 

27 should attend and the reasons for refusal. All the aforesaid records and 

28 papers shall be preserved until such children, if living, have become 

29 sixteen. Such records and statistics concerning the issuance of employ- 

30 ment certificates as may be prescribed by the department of education 

31 shall be kept, and shall be open to the inspection of said department, its 

32 officers or agents. The blank certificates and other papers required in 

33 connection with the issuing of employment certificates and educational 

34 certificates under this chapter shall be furnished to the local school 

35 committees by the department of labor and industries, by which they 

36 shall be prepared after conference with the department of education 

37 and the approval of the forms thereof by the attorney general. Said 

38 certificates and papers may bear explanatory matter necessary to facili- 

39 tate the enforcement of this chapter or to comply with future legislative 

40 requirements. 

1 Section 90. \Vhoe\-er employs a child under sixteen, or whoever Penalties for 

2 procures, or, having under his control a child under sixteen, permits him ment'o'f'^iJu-*" 

3 to be employed in violation of section eighty-six, shall be punished by ^x'iecn?aitering 

4 a fine of not less than ten nor more than fifty dollars or by imprison- oerdSe'^'^etc 

5 ment for not more than one month; and whoever continues to employ Jifg^oo'tl' 

6 a child under sixteen in violation of said section, after being notified isss! is, '§ 2. ' 

7 thereof by a super\-isor of attendance or by an inspector, shall for every lier, 285, § 3. 

8 day thereafter while such employment continues be punished by a fine §§\^.'l.^' 

9 of not less than fifty nor more than two hundred dollars or by imprison- f883.*l24.^ ^' *' 

10 ment for not more than two months; and whoever forges, or procures JUg 343' II' 

11 to be forged, or assists in forging a certificate of birth or other evidence Jlgl'IU?' tf^- 

12 of the age of such child, and whoever presents or assists in presenting a R l ibe', § 33. 

13 forged certificate or evidence of birth to the superintendent of schools 85 i.'e. 

14 or to a person authorized by law to issue certificates, for the purpose of §'s d.^iL 

15 fraudulently obtaining the employment certificate required by section 1913; 779, § 19. 

16 eighty-six, shall be punished by a fine of not less than ten nor more than \llf lgi_ 

17 five hundred dollars or by imprisonment for not more than one year, or yg^^j^g^ 439 

18 both. Whoever, being authorized to sign an employment certificate, 

19 knowingly certifies to any materially false statement therein shall be 

20 punished by a fine of not less than ten nor more than two hundred 

21 dollars. Whoever, without authority, alters an employment certificate 

22 after the same is issued shall be punished by a fine of ten dollars. 

1 Section 91. The employer of any minor between fourteen and six- EmDioyerto 

2 teen who is required by section twenty-two of chapter seventy-one to who loll Sot "^ 

3 attend a continuation school or course of instruction shall cease forth- f'nuat'ion''""' 

4 with to emplov such minor when notified in writing bv the superin- ^'^^"''1 ■' T 

1 J- 1 ' I 1 I • • 1 ■' 1 • • • quired to do 30. 

5 tendent 01 schools, or bv his representative dulv authorized in writing, P«"'''y„, , „ 

^1 ...... ',., i*i.]* 1 1913, 805. § 6. 

D having jurisdiction over such minors attendance, of his non-attendance 1919,311, §4. 

7 in accordance with said section. An employer failing to comply with 

8 this section shall be punished by a fine of not less than ten nor more 

9 than one hundred dollars. 



1884 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Duties of 
supervisors of 
attendance 
and inspectora 
in regard to 
illegal em- 
ployment of 
children. 
1878, 257, § 3. 
P. S. 48, § 6. 
1888, 348, § 8. 
1894, 508, § 23. 
1898, 494, I 8. 
R. L. 106, § 34. 
1906, 499, § 2. 
1909. 514, 
§§ 62, 145. 
1913, 779, § 20. 
1919, 350, § 69. 
1931, 394, 
§ 156. 

[Penalty, § 180.; 



Section 92. Supervisors of attendance may visit the factories, work- 1 
shops, manufacturing, mechanical and mercantile establishments, thea- 2 
tres, and places of public exhibition in their several towns, and ascertain .3 
whether any children are employed therein contrary to this chapter, 4 
and shall report in writing any cases of such illegal employment to the 5 
superintendent of schools or the school committee and to the department 6 
or its authorized officers or agents. Inspectors shall visit all factories, 7 
workshops, manufacturing, mechanical and mercantile establishments 8 
within their respective districts, and ascertain whether any children are 9 
employed therein contrary to this chapter, and shall enter complaint 10 
against whomever is found to have violated any of its provisions. 11 
No inspector shall knowingly or wilfully violate any provision of this 12 
section. 13 



Further duties 
of supervisors 
of attendance. 
1906, 499, § 3. 
1909, 514, 
5§ 63, 145. 
1913. 779, § 21, 
1931, 394, 
§ 157. 

[Penalty, § 180. 



Educational 
certificates, 
etc., to be 
shown on re- 
quest of 
officials. 
1878, 257, § 3. 
P. S. 48, § 6. 
1888, 348, 
l§S, 9. 
1894, 508, 
§§23,67. 



Section 93. A supervisor of attendance shall apprehend and take to 1 

school, without a warrant, any minor employed in any factory, work- 2 

shop, manufacturing, mechanical or mercantile establishment, or in any 3 

theatre or place of public exhibition contrary to this chapter; and such 4 

supervisor of attendance shall forthwith report to the district court or 5 

trial justice within whose judicial district the illegal employment occurs 6 

the evidence in his possession relating to the illegal employment of any 7 

minor so apprehended, and shall make complaint against whomever the 8 

court or trial justice may direct. No supervisor of attendance shall 9 

knowingly and wilfully violate any provision of this section. 10 

Section 94. Inspectors, agents of the department of education and 1 

supervisors of attendance may require that the employment or educa- 2 

tional certificates and lists of minors employed in any establishment or 3 

occupation for which employment or educational certificates are re- 4 

quired shall be produced for their inspection. A failure so to do upon 5 

request shall be prima facie evidence of the illegal employment of any 6 

minor whose certificate is not produced or whose name is not so listed. 7 



1898. 494. §§ 6. 8. 
R. L. 106. §§33, 34. 
1906. 499, §§4, 6. 



1909. 514. §§ 64, 145. 
1913. 779. § 22. 
1919. 350, § 56. 



1921, 351, § 3. 
1931, 394, § 158. 



Educational 
certificates for 
minors be- 
tween sixteen 
and twenty- 
one. Penalty. 

1887, 433, § 2. 

1888, 348, § 9. 

1889, 135. 
1891, 317. 
1894, 508, 
§§ 24, 67. 
1898. 494, 
§§6.7. 
R. L. 106, 
§§ 33. 35. 
1902. 183. 
1906, 499, 
§§4,6. 
1909, 514, 

§§ 64. 66, 145. 
1913, 779, 
§§ 22, 23. 
1916, 95, § 3. 
1921, 341. 
1926, 188, § 3. 

[Further 
penalty, § 97.1 



Section 95. No minor over sixteen and under twenty-one shall be 
employed in a factory, workshop, manufacturing, mechanical or mer- 
cantile establishment, or in a public or private bowling alley, pool or 
billiard room, bootblack stand or establishment, barber shop, or in the 
construction or repair of buildings, or by an express or transportation 
company, except as provided for pupils in co-operative courses, unless 
his employer procures and keeps on file an educational certificate show- 
ing the age of the minor and whether or not he meets the requirements 
for the completion of the sixth grade of the public schools of the town 
where he resides. Such certificates shall be issued b\- the person author- 
ized by section eighty-seven to issue employment certificates. The 11 
person authorized to issue such educational certificates shall, so far as 12 
practicable, require the proof of age stated in said section. He shall 13 
examine the minor and certify whether or not he meets the requirements 14 
for the completion of the sixth grade as aforesaid. Every such cer- 15 
tificate shall be signed, in the presence of the person issuing it, by the 16 
minor in whose name it is issued. _ 1' 

Every employer of such minors shall keep their educational certificates 18 
accessible to anv officer mentioned in section ninety-two and shall return 19 



1 
2 

3 
4 
5 
6 
7 
8 
9 
10 



ClIAP. 149.] LABOR ANT) INDUSTRIES. 1885 

20 said certificates to the office from which they were issued within two 

21 days after the date of tiie teriniiiatioii of the einpioyineiit of said minors. 

22 If the educational certificate of any minor over sixteen and under twenty- 
2.3 one fails to show that said minor meets the requirements for the com- 
24 pletion of the sixth grade as aforesaid, no person shall employ such 
2.5 minor while a j)ul)lic evening school is maintained in the town where the 
2() minor resides or in the town of employment if he is authorized to attend 

27 a public evening school therein, unless such minor is a regular attend- 

28 ant at such evening school or at a day school and presents to his em- 

29 ployer each week a school record of such attendance. When such record 

30 shows unexcused absences, such attendance shall be deemed to he ir- 

31 regular and insufficient. The person authorized to issue educational 

32 certificates, or teachers acting under his authority, may, however, excuse 

33 justifiable absence or waive the school attendance requirements of this 

34 section if in the opinion of the school physician the physical or mental 

35 condition of a minor is such as to render attendance harmful or im- 

36 practicable. Whoever retains an educational certificate contrary to this 

37 section or fraudulently secures or alters such certificate shall be punished 

38 by a fine of not less than ten nor more than one hundred dollars. 

1 Section 9G. Sections eighty-six to ninety-five, inclusive, shall not Limitation of 

2 prevent children of any age from receiving manual training or indus- i9i3. 779, § 24. 

3 trial education in or in connection with any school in the common- ' ' "• ' ®- 

4 wealth duly approved by the local school committee or by the depart- 

5 ment of education. 

1 Section 97. Whoever employs a minor in violation of section Penalty for 

2 ninety-five shall be punished by a fine of not more than one hundred ITmStT 

3 dollars. ' iff^t 

1887, 433. § 2. 1894, 508, § 70. 1902, 183. 

1889, 135. 1898, 494, § 7. 1909. 514, §§ 66. 145. 

1S91. 317. R. L. 106. § 35. 1913, 779, § 23. 

1 Section 9S. A parent, guardian or custodian who permits a minor Penalty on 

2 to be employed in violation of section ninety-five shall be punished aiiol"ing*'minor 

3 by a fine of not more than twenty dollars. Fines imposed under this f,°viofatTon^^'' 

4 and the preceding section shall enure to the use of the evening schools Jggy^l'gs « 2 

5 of the town where the violation occurs. 

1889, 135. 1894, 508, § 70. R. L. 106. § 35. 1909. 514. 5§ 66, 145. 
1891,317. 1898, 494, § 7. 1902,183. 1913, 779, § 23. 

1 Section 99. Women and children, five or more in number, who are Hours for 

2 employed in the same factory shall be allowed their mealtimes at the women'^nd 

3 same hour, except that any such persons who begin work in such factory 5887,"'i5, 8 1. 

4 at a later hour in the morning than other such persons emploved therein \?^}' ?!!?• ! ?§• 

- Ill 1 1 • 1 ■ i-iT 1 1 1 R L. 106, § 36. 

5 may be allowed tneir mealtnnes at a diiierent hour; out no such persons iso^' sh^ 

6 shall be employed during the regular meal hour in tending the machines 210 Mass. 387. 

7 or doing the work of any other women or children in addition to their [Penalty, 5 100.1 

8 own. 

1 Section 100. No child or woman shall be employed for more than Same subject. 

2 six hours at one time in a factory or workshop in which five or more violation of 

3 such persons are employed without an inter\al of at least forty-five i887.°2i5T' 

4 minutes for a meal; but such child or woman may be so employed for 1S94 503 

5 not more than six and one half hours at one time if such employment 55 27, 71. 



1886 



LABOR AND INDUSTRIES. 



[Chap. 149. 



R. L. 106, 
51 37, 40. 
1909. 514, 
§§ 68, 71, 145. 
1917, 110. 



ends not later than one o'clock in the afternoon and if he or she is then 6 
dismissed from the factory or workshop for the remainder of the day ; or 7 
for not more than seven and one half hours at one time if he or she is 8 
allowed sufficient opportunity for eating a lunch during the continuance 9 
of such employment, and if such employment ends not later than two 10 
o'clock in the afternoon, and he or she is then dismissed from the factory 11 
or workshop for the remainder of the day. An employer, superintendent, 12 
overseer or agent who violates any provision of this or the preceding 13 
section shall be punished by a fine of not less than fifty nor more than 14 
one hundred dollars. 15 



Limitation of SECTION 101. The two preceding sections shall not apply to iron 
1887, 215, § 3.' works, glass works, paper mills, letterpress establishments, print M'orks, 
R^L. 106, §38^ bleaching works or dyeing works; and the department, if it is proved to 
H°69.\«. its satisfaction that in any other class of factories or workshops it is 

1912,726, § 5. ' ' 

1919, 350, § 69. 



Working during 
mealtime 
without knowl- 
edge of super- 
intendent." etc. 
1887, 215, § 5; 
280, § 1 ; 330. 
1894. 508, 
§1 11, 29. 
R. L. 106. § 39. 
1909, 514, 
§§ 70, 145. 



Seats for 
women and 
children. 
Penalty. 
1882, 150, § 
1894, 508, 
§§30,72. 
R. L. 106, § 
1909, 514, 
§§ 72, 145. 
1912, 96. 



41, 



necessary, by reason of the continuous nature of the processes or of 
special circumstances affecting such class, to exempt it from the two 
preceding sections and that such exemption can be made without injury 
to the health of the women or children affected thereby, may, with the 

approval of the governor, issue a certificate granting such exemption, 9 

public notice whereof shall, without expense to the commonwealth, 10 

be given in the manner directed by said department. 11 

Section 102. If a minor or a woman shall, without the orders, 1 

consent or knowledge of the employer or of the superintendent, over- 2 

seer or other agent of the employer, labor in a manufacturing or me- 3 

chanical establishment, factory or workshop during a part of any time 4 

allowed for meals in such establishment, factory or workshop, according 5 

to the notice required by section fifty-six, and if a copy of such notice 6 

was posted in a conspicuous place in the room where such labor was 7 

performed, with a rule of the establishment, factory or workshop for- 8 

bidding such minor or woman to labor during such time, neither the 9 

employer nor a superintendent, o\erseer or other agent of the employer 10 

shall be held responsible for such labor. H 

Section 103. Whoever employs women or children in any manu- 1 

facturing, mechanical or mercantile establishment shall provide for 2 

their use and permit them to use suitable seats whenever they are not 3 

necessarily engaged in the active duties of their employment, and shall 4 

also provide for their use and permit them to use suitable seats while 5 

at work, except when the work cannot properly be performed in a sitting 6 

position. Whoever violates this section shall be punished by a fine of 7 

not less than ten nor more than thirty dollars. 8 



Employment, 
etc., of chil- 
dren under 
fifteen in 
theatrical exhi- 
bitions, etc., 
penalized. 
1877, 172. 
P. S. 48. § 8. 
1894, 508, 
§§ 49, 64. 
1898, 394. 
R. L. 106, § 45. 
1909, 514, 
§§76, 145. 
204 Mass. 18. 



Section 104. No person shall employ, exhibit or sell, apprentice or 
give away, a child under fifteen for the purpose of employing or ex- 
hibiting him in dancing on the stage, playing on musical instruments, 
singing, walking on a wire or rope, or riding or performing as a gymnast, 
contortionist or acrobat in a circus, theatrical exhibition or in any public 
place, or cause, procure or encourage such child to engage therein; but 
this section shall not prevent the education of children in vocal and 
instrumental music or dancing or their employment as musicians in a 
church, chapel, school or school exhibition, or prevent their taking part 
in any festival, concert or musical exliibition upon the special written 



1 

2 
3 
4 
5 
6 
7 
8 
9 
10 



Chap. 149.] labor and industries. 1887 

11 permission of the aldermen or selectmen. Whoever violates this section 

12 shall be punished by a fine of not more than two hundred dollars or by 

13 imprisonment for not more than sLx months. 

1 Section 105. A license shall not be granted for a theatrical exhibi- License not to 

2 tion or public show in which children under fifteen are employed as exh'iwtlona in' 

3 acrobats or contortionists or in any feats of gymnastics or equestrianism, children"'^'' 

4 or in which such children attending the public schools are employed or i|74,''|79; 

5 allowed to take part as performers on the stage in any capacity, or if, p^^l'll-jg 

6 in the opinion of the board authorized to grant licenses, such children jsa*. so's. | so. 

7 are employed in such a manner as to corrupt their morals or impair 1909! 514,' 

8 their health; but this section shall not prevent granting the special per- 

9 mission authorized by the preceding section. 



PROVISIONS AS TO HEALTH .\ND SAFETY. 

1 Section 106. All industrial establishments shall provide fresh and °'b°''p?OTide" 

2 pure drinking water to which their employees shall have access during f9o.?"3^],., 

3 working hours. Any person owning, in whole or in part, managing, wo?! 537. § 5. 

4 controlling or superintending any industrial establishment in which this §178. us. 

5 section is violated shall, on the complaint of the local board of health, 

6 the selectmen of a town or an inspector, be punished by a fine of one 

7 hundred dollars. 

1 Section 107. The water used for humidifying purposes by any waterfor 

2 person operating a factory or workshop shall be of such a degree of pemi'ity*^'"*' 

3 purity as not to give rise to any impure or foul odors, and shall be so {^"f;!"^' 

4 used as not to be injurious to the health of persons employed in such 

5 factories or workshops. Whoever violates this section shall be punished 

6 by a fine of not less than ten nor more than one thousand dollars. 

1 Section 108. In every weaving and spinning department in a textile Thermometers 

2 factory wherein water is introducetl for humidifying purposes there h°umfdHy* 

3 shall be provided, maintained and kept in correct working order, for }9l2;726;|5! 

4 the purpose of recording and regulating the humidity of the atmosphere ^^i^' ^^' ' ^*- 

5 and the temperature, at least one set of standardized wet and dry bulb IPe^a'ty' 5 112.} 

6 thermometers, and, if required by an inspector, two sets of such ther- 

7 mometers, and the following regulations shall be observed in their use: 

8 (a) The thermometers shall be placed as directed or sanctioned by an 

9 inspector, and be plainly visible to the workers, (b) The occupier or 

10 manager or person for the time being in charge of the weaving or spin- 

11 ning department shall read the thermometers thrice in the day, namely, 

12 between seven and eight o'clock in the forenoon, between ten and eleven 

13 o'clock in the forenoon and between three and four o'clock, except in 

14 rooms lighted by gas, and then between four and five o'clock, in the 
1.5 afternoon of every day when persons are employed in any weaving 
1() or spinning department, and he shall record the readings of each ther- 

17 mometer in such department at each of the said times upon a form 

18 provided therefor, which, together with the regulations relating thereto, 

19 shall be furnished by the department of labor and industries. The 

20 records of the readings shall not be destroyed until the inspector in 

21 whose district the factory is situated has examined them and given his 

22 consent to their destruction. 



1888 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Section 108 not 
applicable 
to textile 
factories 
equipped with 
other approved 
testing devices. 
1910, 543, 
§5 2,3. 

1912, 726, § 5. 
1919, 350, § 69. 



Section 109. The preceding section shall not apply to textile 
factories equipped with such a number and type of standardized 
self-registering hygrometers, or psychrometers, or such a hygrometric 
system as the department approves, or using the sling hygrometer 
frequently to determine the actual moisture and temperature of the 
weaving or spinning department; provided, that the manner of using 
all such instruments or such system is approved by the industrial health 
inspector in whose district the factory is situated, and that the records 
of the readings from said instruments or system are not destroyed with- 
out the knowledge and consent of such inspector. 



9 
10 



hX'idify. SECTION 110. No owner, occupier or manager or person for the 1 

1910, 543, § 4. ^jjjjg being in charge of a textile factory shall permit the relative hu- 2 

[Penalty, § 112.) jjjj^jj^y [^ ^ weaving or spinning department in the textile factory under 3 

his control to exceed the following limits: 4 



I. 


II. 


III. 


I. 


II. 


III. 


Dry Bulb 


Wet Bulb 




Dry Bulb 


Wet Bulb 




Thermometer 


Thermometer 


Percentage 


Thermometer 


Thermometer 


Percentage 


Readings. 


Readings. 


of 


Readings. 


Readings. 


of 


Degrees 


Degrees 


Humidity. 


Degrees 


Degrees 


Humidity. 


Fahr. 


Fahr. 




Fahr. 


Fahr. 




60 


58 


88 


78 


73.5 


77 


61 


59 


88 


79 


74.5 


77.5 


62 


60 


88 


80 


75.5 


77.5 


63 


61 


88 


81 


76 


76 


64 


62 


88 


82 


76.5 


74 


65 


63 


88 


83 


77.5 


74 


66 


64 


88 


84 


78 


72 


67 


65 


88 


85 


79 


72 


68 


66 


88 


86 


80 


72 


69 


67 


88 


87 


80.5 


71 


70 


68 


88 


88 


81.5 


71 


71 


68.5 


85.5 


89 


82.5 


71 


72 


69 


84 


90 


83 


69 


73 


70 


84 


91 


83.5 


68 


74 


70.5 


81.5 


92 


84.5 


68 


75 


71.5 


81.5 


93 


85.5 


68 


76 


72 


79 


94 


86 


66 


77 


73 


79 


95 


87 


66 



Sources of 
water for 
humidifying 
1910, 543. § 
1912. 726. § 
1919, 350, § 



[Penalty, §112.) 



Section 111. Water used for humidifying purposes in a textile 
factory shall be taken either from a public supply of drinking water, or 
from some other source of pure water, or from a supply of water which, 
although in the opinion of the department not suitable for drinking 
purposes, is sufficiently free from impurities to be not dangerous to 
the health of employees when used for humidifying purposes; and all 
ducts for the introduction or distribution of humidified air shall be 
kept clean. 



Penalty for 
\'iolation of 
§5 108-111. 
1910, 543, § 6. 
1912, 726, § 5. 



Section 112. Whoever fails to comply with any provision of sec- 1 

tions one hundred and eight to one hundred and eleven, inclusive, after 2 

being requested so to do by an inspector, shall be punished by a fine of 3 

not more than fifty dollars. 4 



Factories, etc., 
to be properly 
lighted, ven- 
tilated and 
kept clean. 
1S77, 214, § 1. 
P. S. 104. 5 13. 



Section 113. Every factory, workshop, manufacturing, mechanical 1 

and mercantile establishment shall be well lighted, well ventilated and 2 

kept clean and free from unsanitary conditions, according to reasonable 3 

rules and regulations adopted by the department with reference thereto. 4 

1894, 481, § 23. 1907. 503, § 2. 1912, 318. 

R. L. 104, § 41. 1909, 514, §§ 94, 145. 1914, 32S, § 2. 



CH-^P. 149.] LABOR AND INDUSTRIES. 1889 

1 Sectiox 114. The industrial hcaltli inspectors shall, when obtaining investigations • 

2 information concerning the proper lighting of industrial establishments, health "Sspec- 

3 make such investigation concerning the eye and vision in their relation of^ndu8t°rfes''on 

4 to occupational diseases, including injuries to the eyes of emjjloyces igfi^eo.-? §i 

5 and to the pathological effects produced or promoted by the circum- }Jj}^. 726, | s^ 

6 stances under which the various occupations are carried on, as in the 

7 opinion of the department is practicable, and it shall from time to time 

8 issue such printed matter containing suggestions to employers and 

9 employees for the protection of the eyes of the employees as it may 
10 deem advisable. 

1 Section 11.5. If it appears to an inspector that in any industrial pr'iCenlii°iiD- 

2 establishment, from the nature of the work or the machinerv used in i'lfytoeyes, 

'I'll* 1 • 1 • *i r> ^"^^ to be 

3 connection therewnth, or from other circumstances, there is danger of provided. 

4 injury to the eyes of employees engaged in such work, and that the iQii.eds. 

5 danger of injury may be decreased or prevented by any mechanical 1912. 726. 

6 device or other practicable means, he shall, if the department so directs, 1919, 350, 5 09. 

7 order in wTiting that such device or other means shall be provided 

8 therein; and the proprietors and managers of the industrial establish- 

9 ment shall comply with the order. Violations of this section shall be pun- 

10 ished by a fine of not less than five nor more than two hundred dollars 

11 for each week during which the violation continues, but a criminal 

12 prosecution for such violation shall not be begun unless a person has for 

13 four weeks after the receipt of a WTitten order from an inspector neglected 

14 to comply therewith. 

1 Section 116. Upon the request of any inspector of the division of investigation 

r» ■ * p 1 1 p I 1 • ^ (» as to lighting 

Z inspection of the department 01 public satety or upon the request of "f factory, etc. 

3 any five employees in a factory or workshop, the department shall Penalty. 

4 investigate and ascertain whether or not such factory or workshop is §§'i,'2.^^' 

5 adequately lighted. If the department is of opinion, after such investi- §§'99,\1?i. 

6 gation, that the factory or workshop is not properly lighted, it shall 

7 notify the owner or person in charge, and shall specify what changes 

8 should be made in order to light it properly, and the owner or lessee 

9 thereof shall make the changes so specified as soon as it can be done 

10 with reasonable diligence. If such owner or lessee fails to comply with 

1 1 any such order he shall be punished by a fine of not more than five hun- 

12 dred dollars, provided such failure is not the result of causes beyond 

13 his control. 

1 Section 117. A factory where five or more persons and a workshop Ventilation 

2 where fi\e or more women or children are employed shall, while work is ?887?'i°73!^§ 1. 

3 carried on therein, be so ventilated that the air shall not become so r '^ lo*' | f{ 

4 impure as to be injurious to the health of the persons employed therein, jj^sj^i"^ 

5 A factory or workshop where more than one person is employed shall isao.'iog.' 

6 be so ventilated that all gases, vapors, dust or other impurities injurious [Penalty. § 122.I 

7 to health, generated in the course of the manufacturing process or 

8 handicraft carried on therein, shall so far as practicable be rendered 

9 harmless. 

1 Section 118. If, in such a workshop or factory, any process is car- Devices for 

2 ried on by which dust is caused which may be inhaled to an injurious dtSt"'"' °^ 

3 extent by the persons employed therein, and it appears to an inspector \lll\ ^|; | fg. 



1890 



LABOR AND INDUSTRIES. 



[Chap. 149. 



R- L- 106. 5 52. that such inhalation would be substantially diminished without unrea- 4 

§§ 84, 145. sonable expense by the use of a fan or by other mechanical means, such 5 

(Penalty, § 122.] fan or othcF mcchauical means, if he so directs, shall be provided, 6 

maintained and used. 7 



^t"f to be pro- Section 119. Any person operating a factory or workshop where 
delieerfor cmcry whccls or belts or buffing wheels or belts injurious to the health 
^nn,""]?! '*«"'?*• of employees are used shall provide such wheels and belts with a hood 

1903, 475, §1. I I'l' • I'lp 

1909,514, or hopper connected with suction pipes, and with fans or blowers, m 
ru 1. i!,o^i accordance with the following section, which apparatus shall be so 

(Penalty, § 1-^-1 1,1 .1 -iiiii 

placed and operated as to protect any person using such wheel or belt 
from the particles or dust produced by its operation, and to convey 
the particles or dust either outside of the building or to some receptacle 
so placed as to receive and confine them. 



fml^s!'"'- Section 120. Every such wheel shall be fitted with a hood or hopper 

1909, 514, of such form and so placed that the particles or dust produced by the 

i92?'5o'^' operation of the wheel or of any belt connected therewith shall fall or 

(Penalty, § 122.) ^i'' ^c thrown into such hood or hopper by centrifugal force; and the 

fans or blowers shall be of such size and shall be run at such speed as 

will produce a volume and velocity of air in the suction and discharge 

pipes sufficient to convey all particles or dust from the hood or hopper 

through the suction pipes and so outside of the building or to a receptacle 8 

as aforesaid. The hoods or hoppers shall be so constructed and the 9 

suction pipes and connections shall be suitable and efficacious and such 10 

as shall be approved by the department. 11 



1 
2 
3 

4 
5 
6 

7 



Limitation of 
§§ 119 and 120. 
1903, 475, § 4. 
1909, 514, 
§§88,145. 



Section 121. The two preceding sections shall not apply to grind- 1 

ing machines upon which water is used at the point of grinding con- 2 

tact, nor to solid emery wheels used in sawmills or in planing mills 3 

or in other woodworking establishments, nor to any emery wheel sLx 4 

inches or less in diameter used in establishments where the principal 5 

business is not emery wheel grinding. 6 



violation of Section 122. Violatious of sections one hundred and seventeen to 1 

Isiil^mi 3. one hundred and twenty-one, inclusive, shall be punished for the first 2 

R ^L 106 1 53' offence by a fine of not less than twenty-five nor more than one hundred 3 

1903, 475,' § 6. dollars, and for a subsequent offence by the fine aforesaid or by im- 4 

prisonment in jail for not more than two months, or both. A criminal 5 

prosecution for the violation of section one hundred and seventeen or 6 

one hundred and eighteen shall not be begun unless an employer has 7 

for four weeks after the receipt of a written order from an inspector 8 

neglected to comply therewith. 9 



1909, 514, 
§§ 85, 90, 145, 
1912, 726, 
§§ 5, 8. 
1915, 69. 



Inspection of 
factories, etc., 
not equipped 
w-ith dust 
removers. 
Complaint. 
Prosecution. 
1903, 475, § 5. 
1909, 514, 
§5 89, 145. 
1915, 116. 



Section 123. Inspectors, upon receipt of a notice signed by any 1 

person having knowledge of tlie facts that any factory or workshop 2 

subject to sections one hundred and nineteen and one hundred and 3 

twenty is not provided with the apparatus prescribed thereby, shall 4 

visit and inspect such factory or workshop, and for that purpose may 5 

enter therein during working hours; and if they ascertain that the 6 

owner, proprietor or manager thereof has failed to comply with said 7 

sections, they shall make complaint to a court or trial justice having 8 

jurisdiction, and cause such owner, proprietor or manager to be 9 

prosecuted. 10 



Ch.\P. 149.] LABOR AND INDUSTRIES. 1891 

1 Section 124. In every manufacturing establishment where the Communica- 

2 machinery is operated by steam, communication shall be provided engln'e'room. 

3 between each room where such machinery is placed and the room where jlgji; \ll\ ^ '■ 

4 the engineer is stationed by means of speaking tubes, electric bells or }*^^; **^' | ^|; 

5 appliances to control the motive power, or such other means as shall '.^''^i^i^*^ 

6 be satisfactory to an inspector, if in his opinion such communication 

7 is necessary. 

1 Section 12.5. An occupant or manager of a manufacturing establish- Penalty for 

2 ment who violates the preceding section shall forfeit to the common- prec'edi'ng" 

3 wealth not less than twenty-five nor more than one hundred dollars. iss'nVs. 

4 No prosecution for such violation shall be begun unless a person has 5^g4;48?; 

5 for four weeks after the receipt of a written order from an inspector §§52,59. 

6 neglected to comply therewith. 

R. L. 104, §§ 38, 39. 1909, 514, §§ 91, 92, 145. 

1 Section 12G. No outside or inside doors of any building where ooorsnotto 

2 operatives are employed shall be so locked, bolted or otherwise fastened ing working"' 

3 during the hours of labor as to prevent free egress. Any person having penalty. 

4 charge of a building or room therein any exit door of which shall be \\^i'p' 

5 found locked, bolted or otherwise fastened contrary to this section i'P*';48i 

'^T O.J, 54 



6 shall be punished by a fine of not less than twenty-five nor more than R. L.'ioi. § 40. 

7 five hunt 

8 or both. 



7 five hundred dollars or by imprisonment for not more than one year, §§93,14' 



1914, 566. 



1 Section 127. The belting, shafting, gearing, drums and all ma- Guards for 

2 chinery having movable parts in all factories, workshops, mechanical flr^^'u,' § 1. 

3 and mercantile establishments, if so placed as, in the opinion of the fsJ^.^g"!', V23. 

4 department, to be dangerous to employees while engaged in their ordi- f^ij^- ^Jj|' | *}■ 

5 nary duties, shall be securely guarded so far as practicable. No ma- ^SL^,^.. 

6 chinerv except steam engines in a factorv, workshop, mechanical or §§94.145. 

7 mercantile establishment shall be cleaned while running if written ob- igu, 328^ § 2. 

8 jection is made by an inspector. 

1919, 3,')0, § 69. 
[Penalty, § 180.) 

1 Section 12S. The owner of a cotton factory erected after May wrongful 

2 twenty-eighth, eighteen hundred and ninety-six, in which there is any trl^erdnV 

3 traversing carriage of a self-acting mule installed, or of any cotton fac- curiam"'* °^ 

4 tory erected previously to such date in which thereafter such traversing "J,^'a'j|"ed 

5 carriage is installed, who permits such carriage to travel within twelve Jf^f' jS- j., 

6 inches of any pillar, column, pier or fixed structure, shall be punished 1909, 514,' § 95. 

7 by a fine of not less than twenty nor more than fifty dollars. 

1 Section 129. The openings of hoistways, hatchways and well hmltwaTs?^ 

2 holes upon every floor of a factory or mercantile building shall be pro- etc., to be 

3 tected by sufficient trapdoors or self-closing hatches, or such other is-'y, 214, § 2. 

4 safeguards as an inspector directs; and due diligence shall be used to issa. 208. 

5 keep such trapdoors closed at all times except when in actual use by r*^^. 104', § 4,3. 

6 the occupant of the building ha\ing the use and control of the same. igil^ioe! §13! 

202 Mass. 82. 213 Mass. 573. 237 Mass. 556. 

[Penalty, § 180.) 



1892 



LABOR AND INDUSTRIES. 



[Chap. 149. 



^x°ioSv?' Section 130. Explosive or inflammable compounds shall not be so 1 

1881. 137, § 1. stored or used in anv factory as to obstruct or render hazardous the 2 

p. S. 104, §21. J. .,• •" p c r> 

1894,481, M6. egress oi operatives in case oi fare. 6 

R. L. 104, § 47. 1909, 514, §§ 100, 145. 

[Penalty, 5 ISO.) 

fhuufes.'" Section 131. Any person owning, managing or operating a factory 1 

woi'iij where looms are used shall equip them with such guards or other devices 2 

1909! 514. as will prevent injury to employees from shuttles falling or being thrown 3 

1919, 350, § 69. from the looms. Such guards or devices shall be made of such material 4 

and be placed in such manner as shall be approved by the department. 5 

Whoever violates this section shall be pimished by a fine of not more 6 

than one hundred dollars for every week during which the violation 7 

continues. 8 



Use of 

suction 

shuttles 

penalized. 

1911, 281, 

§§1.2. 



Section 132. No proprietor of a factory nor any officer or agent or 1 

other person shall require or permit the use of suction shuttles, or any 2 

form of shuttle in the use of which any part of the shuttle or any 3 

thread is put in the mouth or touched by the lips of the operator. 4 

Whoever violates this section shall be punished by a fine of not less 5 

than fifty dollars. 6 



isItI'ios!''"^*' Section 133. In every industrial establishment there shall be 
1888 305 provided suitable, adequate and convenient water closets and washing 

ism' 5os! 1 33. facilities, separate for each sex and plainly so designated, of such number, 
1909,' 514,' ■ in such location, and so constructed, lighted, ventilated, arranged and 
i9i4.'328,' maintained as may be determined by such reasonable rules and regula- 
i9\'9!350, § 69. tions as the department may adopt. No person shall be allowed to 
[Penalty, § 180.) usc a closet or privy provided for the use of persons of the opposite sex. 
If any such establishment is so located that a connection with a sewer 
system is, in the opinion of the department, impossible or impracticable, 
it shall provide such suitable toilet and washing facilities as the depart- 
ment may require. 



1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 



menrofTx- SECTION 134. The owncr, lessee or occupant of every such establish- 

fng toi?it'''"'°^' ment shall make the changes necessary to conform thereto. If such 



facilities. 
1888, 305. 
1894, 508, § 34. 
R. L. 106. I 48. 

1909. 514, 
§§ SO, 145. 

1910, 259, § 1. 



changes are made upon the order of an inspector by the occupant or 
lessee, he may, within thirty days after completion, bring an action against 
any other person having an interest in such premises, and may recover 
such proportion of the expense of making such changes as the court ad- 
judges should justly and equitably be borne by the defendant. 



Section 135. A criminal prosecution shall not be begun against a 
person for a violation of any provision of the two preceding sections 



Prosecutions 
for violation of 
two preceding 

1I94' 508' 1 36 unless he has, for four weeks after the receipt of a written notice from 
R. h. 106. § oo! an inspector of the changes necessary to comply with said sections, 
§§82, 145. neglected to make such changes. A notice shall be sufficient under this 
section if given to one member of a firm, or to the clerk, cashier, secre- 
tary, agent or any other officer having charge of the business of a cor- 
poration, or to its attorney, or, in case of a foreign corporation, to the 
officer having charge of such factory or workshop; and such officer 
shall be personally liable for the amount of any fine if a judgment against 10 
the corporation is unsatisfied. 11 



1910, 259, § 2. 



Chap. 149.] labor and industries. 1893 

1 Section 1.30. If it appears to an inspector that any act, neglect or Notice to de- 

2 fault in relation to any drain, water closet, earth closet, privy, ash pit, pubhc™ea?th 

3 water supply, nuisance or other matter in any industrial establishment ronXtoil"^ 

4 is punishable or remediable under any law relative to the preservation HH' l^f I 35 

5 of the public health, but not under this chapter, he shall give written }*• L- loe. 5 49. 
(i notice thereof to the board of health of the town where such establish- 55 81, 145. 

7 ment is situated, and such board of health shall thereupon inquire into 

8 the subject of the notice and enforce the laws relative thereto. 

1 Section 137. The proprietor of every foundry engaged in the casting Toilet rooms, 

2 of iron, brass, steel or other metal, and employing ten or more men, foun.iries. 

3 shall establish and maintain, except in towns where it would be imprac- 1900,250. 

4 ticable by reason of the absence of public or private sewerage or of any §§"{0^^1*45. 

5 numing water system, a toilet room of suitable size and condition for 
() the men to change their clothes therein, and provided with wash bowls, 

7 sinks or other suitable set appliances connected with running hot and 

8 cold water, and also a water closet connected with running water and 

9 separated from the said toilet room. The said water closet and toilet 

10 room shall be connected directly with the foundry building, properly 

11 heated, ventilated and protected, so far as may be reasonably practi- 

12 cable, from the dust of the foundry. Whoever fails to comply with this 

13 section after being requested so to do by an inspector shall be punished 

14 by a fine of not more than fifty dollars. 

1 Section 138. \Mioever wilfully destroys, defaces, injures or defiles Penalty for 

2 any toilet appliances provided in any place of emplojTnent shall be L'ppHam-es. ^ 

3 punished by a fine of not more than fifty dollars. 

1914, 164. 

1 Section 139. In any mercantile or manufacturing establishment or Lockers for 

2 hotel where the nature of the work renders it necessary for any or all required"^ * 

3 employees, before beginning work, to make a substantially complete me.'m, 

4 change of clothing, exclusive of underclothing, separate lockers, closets 191V72 

5 or other receptacles, each with a lock and key, shall be provided for the 

6 use of such employees. Whoever violates this section shall be punished 

7 by a fine of not less than five nor more than twenty dollars. 

1 Section 140. Suitable receptacles for expectoration shall be pro- spittoons. 

2 vided in all factories and workshops by the proprietors thereof, the 1909! 514! 

3 same to be of such form, construction and number as shall be satisfac- ^^ '°^' ^*^' 

4 tory to the board of health of the town where the factory or workshop ''"'' '' ' 

5 is situated. 

1 Section 141. Every person operating a factory, shop or mechanical Jices'^etc''''''' 

2 establishment where machinery is used for any manufacturing or other when to be 

3 purpose except for elevators, or for heating or hoisting apparatus, shall Penalty.' 

4 keep and maintain, free of expense to the employees, such medical or 1909! 5u!_ 

5 surgical chest, or both, as shall be required by the department, contain- 1914° mt*""' 

6 ing plasters, bandages, absorbent cotton, gauze, and all other necessary Jglg. no! 

7 medicines, instruments and appliances for the treatment of persons J^^^' H"- 5 69. 

8 injured or taken ill upon the premises. Every such person employing 

9 one hundred or more persons shall, if so required by the department, 

10 provide accommodations satisfactory to it for the treatment of persons 

11 injured or taken ill upon the premises, and also suitable and sanitary 



1894 



LABOR AND INDUSTRIES. 



[Chap. 149. 



facilities for heating or warming food to be consumed by those em- 12 
ployees of the factory, shop or mechanical establishment who so desire. 13 
Every person carrying on a mercantile establishment where twenty or 14 
more women or children are employed shall in the manner aforesaid 15 
provide such medical and surgical chest as the department may require. 16 
Whoever violates any provision hereof shall be punished by a fine of not 17 
less than five nor more than five hundred dollars for every week during 18 
which such violation continues. 19 



Section 142. All publishers and printers shall use a sanitary cloth 



Cloths for 

cleaning print- . i . * i • 

ing presses. or othcr Sanitary material m cleanmg their presses. 

1913, 472. 



[Penalty, § 180.1 



License. 
1891,357, § 1. 
1892, 296, § 1. 
1893,246, § 1. 
1894, 508, § 44. 
1898, 150, § 1. 
R. L. 106, § 56. 
1905, 238. 
1907, 537, § 5. 
1909. 514, 
§§ 106, 145. 
1912, 726, § 5. 
1919, 350, § 69. 

[Penalty, § 146.] 



MANUFACTURE OF CLOTHING IN TENEMENT HOUSES. 

Section 143. A room or apartment in a tenement or dwelling house 1 

shall not be used for the purpose of making, altering, repairing or fin- 2 

ishing therein wearing apparel of any description, except by the mem- 3 

bers of the family dwelling therein ; and a family desiring to make, alter, 4 

repair or finish wearing apparel of any description in a room or apart- 5 

ment in a tenement or dwelling house shall first procure a license therefor 6 

from the department. A license may be applied for by and issued to 7 

any member of a family desiring to do such work. No person shall hire, 8 

employ or contract with a member of a family which does not hold a 9 

license therefor to make, alter, repair or finish such wearing apparel in 10 

any room or apartment in a tenement or dwelling house as aforesaid. 11 

Every room or apartment where such wearing apparel is made, altered, 12 

repaired or finished shall be kept in a cleanly condition and be subject 13 

to the inspection and examination of the department to ascertain whether 14 

said room or apartment or such wearing apparel or any parts thereof 15 

are clean and free from vermin and from infectious or contagious matter. 16 

A room or apartment in a tenement or dwelling house, which is not 17 

used for living or sleeping purposes and is not connected with a room or 18 

apartment used for living or sleeping purposes and has a separate and 19 

distinct entrance from the outside shall not be subject to this section, 20 

nor shall this section prevent the employment of a tailor or seamstress 21 

by any person or family for the making of wearing apparel for the use 22 

of such person or family. Every person hiring, employing or contracting 23 

with a member of a family holding a license hereunder for making, 24 

altering, repairing or finishing wearing apparel to be done outside the 25 

premises of such person shall keep a register of the names and addresses 26 

plainly written in English of the persons so hired, employed or con- 27 

tracted with, and shall forward a copy of such register once a month to 28 

the department. 29 



Notice to and 

examination 

by local 

boards of 

health. 

1891, 357, § 2. 

1893, 246, § 2. 

1894, 508, § 45. 
1898, 1.50, § 2. 
R. L. 106, § 57. 
1907, 537, § 5. 
1909, 514. 

§§ 107, 145. 
1912.726. § 5. 
1919, 350, § 69. 



Section 144. If an inspector finds evidence of infectious or con- 
tagious disease or of vermin present in a workshop, or in a room or 
apartment in a tenement or dwelling house where wearing apparel is 
made, altered or repaired, or in goods manufactured or in process of 
manufacture therein, he shall report the same to the department, which 
shall notify the local board of health to examine said workshop, room or 
apartment and the materials used therein; and if the board of health 
finds that said workshop, tenement or dwelling house is in an unhealthy 



Chap. 149.] labor and industries. 1895 

9 condition, and that the clotliinji; and materials used therein are unfit 
10 for use, it shall issue such orders as public safety may require. 

1 Section 145. Whoever sells or exposes for sale wearing apparel of T^ss foj "^.loth- 

... , . 1 II* I p I . ing made m un- 

2 any description made m a tenement or dwellmg house tor which the li^-ns"! tene- 
.3 family dwelling therein has not procured the license required by section i.s9i,.-i57, §'4. 

4 one hundred and forty-three shall have affixed to each article of wearing isbs! lit'. § 4' 

5 apparel a tag or label not less than two inches in length and one incli Isiis! iso,' | s'' 
(i in wiilth, upon which shall legibly be printed or written the words " tene- !',o9 l^f' ^ °'*' 

7 ment made" and the name of the state and town where such article §§ ios, 143. 

8 was made. 

IPenalty. § 146.1 

1 Section 146. No person shall sell or expose for sale any such article Penalties. 

2 of wearing apparel without a tag or label as aforesaid affixed thereto, §§^5,' 7.^^' 

3 or wilfully remove, alter or destroy such tag or label upon any such §§°|;6.''®' 

4 article when exposed for sale, or sell or expose for sale any such article §i^4g'^^3*'7e 

5 with a false or fraudulent label affixed thereto. Whoever violates any R- lg^9f 

6 provision of this section or section one hundred and forty-three or one 1909. ou. 

7 hundred and fo^ty-fi^'e shall be punished by a fine of not less than fifty 145. ' 

8 nor more than five hundred dollars. 

1 Section 147. If it is reported to an inspector or to the department clothing made 

2 that ready made articles of wearing apparel of any description are monweaith? 

3 being shipped to this commonwealth, ha\-ing been manufactured under RepOTt^^o'de- 

4 unhealthy conditions, said inspector shall examine said goods and the pibiiTheaUh. 

5 condition of their manufacture; and if they contain vermin or have Jlgiilge;!!' 

6 been made in improper places or under unhealthv conditions, he shall Jf^?' ?*g' 1 3. 

i-r II I • I T ,1 1 ' - 1S94, 5U», s 4o. 

7 so report to the department, which shall thereupon notify the depart- R i- ips. § eo. 
S ment of public health, which shall make such orders as are necessary 1909! su', 

9 to protect the public health. ^^ ""■ ^*^- 

1912, 726, § 5. 1919, 350, § 69. 

WEEKLY PAYMENT OF WAGES. 

1 Section 148. Every person engaged in carrying on in a city a hotel weekly pay- 

2 or club, and every person engaged in carrying on within the common- Penalty. 

3 wealth a theater, moving picture house, dance hall, factory, workshop, p. s.' 28. §12. 

4 manufacturing, mechanical or mercantile establishment, mine, quarry, lu'','!.^' 

5 railroad or street railway, or telephone, telegraph, express, transporta- Ugl] HI] | }; 

6 tion or water company, or in the erection, alteration, repair or removal lf^|j °g|' 

7 of any building or structure, or the construction or repair of any railroad, {IgVil?; ,34 

8 street railway, road, bridge, sewer, gas, water or electric light works, is9s!48i'. 

9 pipes or lines, and every contractor engaged in the business of grading, i90o! 470.' 

10 laying out or caring for the grounds surrounding any building or struc- 1902,450! ^^^' 

11 ture, shall pay weekly each employee engaged in his business, and every {go?; tgl'. 

12 person employing musicians, janitors, porters or watchmen shall pay IgSI'li"' 

13 weekly each such employee, the wages earned by him to within six days il/o^'a-o^^' 

14 of the date of said payment if employed for six days in a week or to i^^' ^os! 
lo within seven days of the date of said payment if employed seven days isisIts. ' 
10 in the week, or, in the case of an employee who has worked for a period igis! I?^' 
17 of less than six days, hereinafter called a casual employee, shall, within s^u?.^""' 

15 seven days after the termination of such period, pay the wages earned HH' H'q 

19 by such casual employee during such period; but any employee leaving JPI' {r-' 

20 his emplovment shall be paid in full on the following regular pav dav 1929! 117! 



1896 



LABOR AND INDUSTRIES. 



[Chap. 149. 



170 Mass. 140. 
172 Mass. 230. 
193 Mass. 537. 
195 Mass. 548. 



and any employee discharged from such employment shall be paid in 21 
full on the day of his discharge, or in Boston as soon as the laws requiring 22 
pay rolls, bills and accoimts to be certified shall have been complied 23 
with; and the commonwealth, its departments, officers, boards and 24 
commissions shall so pay every mechanic, workman and laborer em- 25 
ployed by it or them, and every person employed by it or them in any 26 
penal or charitable institution, and every county and city shall so pay 27 
every employee engaged in its business the wages or salary earned by 28 
him, unless such mechanic, workman, laborer or employee requests in 29 
WTiting to be paid in a different manner; and every towTi shall so pay 30 
each employee in its business if so required by him; but an employee 31 
absent from his regular place of labor at a time fixed for pajmient shall 32 
be paid thereafter on demand. This section shall not apply to an em- 33 
ployee of a co-operative corporation or association if lie is a stockholder 34 
therein unless he requests such corporation to pay him weekly, nor to 35 
casual employees as hereinbefore defined employed by the common- 36 
wealth or by a county, city or town. The department of public utilities, 37 
after hearing, may exempt any railroad corporation from paying weekly 38 
any of its employees if it appears that such employees prefer less frequent 39 
payments, and that their interests and the mterests of the public will not 40 
suffer thereby. No person shall by a special contract with an employee 41 
or by any other means exempt himself from this section or section one 42 
hundred and fifty. Whoever violates this section shall be punished by 43 
a fine of not less than ten nor more than fifty dollars or by imprisonment 44 
in the house of correction for not more than two months, or both. 45 



Summons and 
warrant for 
violation of 
preceding 
section. 
1915,214. 



Section 149. A justice or clerk of a district court, or a trial justice, 1 

may upon the application of any employee issue a summons to an em- 2 

plover to appear and show cause why a warrant should not issue against 3 

him for a violation of the preceding section. Upon the return of such 4 

summons and after a hearing the justice may issue a warrant upon the 5 

complaint of any such employee. 6 



Complaint for 
violation of 
§ 148. Pro- 
cedure upon 
trial. 

1886, 87, 
§§ 2-4. 

1887, 399, § 2. 
1891, 239. 

1894, 50S, 
8§ 52-54. 

1895, 438. 
R. L. 106, 
1909, 514, 
§§ 113, 145. 
1916, 14. 
1919. 350, § 69 
206 Mass. 417. 



63. 



Section 150. The department may make complaint against any 1 
person for a \'iolation of section one hundred and forty-eight within 2 
three months after the date thereof. On the trial no defence for failure 3 
to pay as required, other than the attachment of such wages by trustee 4 
process or a valid assignment thereof or a valid set-off against the same, 5 
or the absence of the employee from his regular place of labor at the 6 
time of pajonent, or an actual tender to such employee at the time of 7 
payment of the wages so earned by him, shall be valid. The defendant 8 
shall not set up as a defence a payment of wages after the bringing 9 
of the complaint. An assignment of future wages payable weekly under 10 
section one hundred and forty-eight shall not be valid if made to the 11 
person from whom such wages are to become due or to any person on 12 
his behalf, or if made or procured to be made to another person for the 13 
purpose of relieving the employer from the obligation to pay weekly. 14 



Eict™fe°*w^en Section 151. Pcrsons carrying on any manufacturing business em- 1 

iiundr°d ploying one hundred or more persons shall, on the day chosen as pay 2 

i9n'°^49' 5 1 ^^^ ' P^^' ^""^^^ ^^ their employees as are on that day working in the 3 

[Penalty, § 152.) manufacturing establishment, before the close of the regular working 4 

hours. 5 



Ch.\P. 149.] LABOR AXD INDUSTRIES. 1897 

1 Section 152. There shall not be deducted from the wages of an Deductions for 

2 employee in any factory, workshop, manufacturing, mechanical or mer- reguiatld. 

3 cantile establishment, or from the wages of a mechanic, workman or mT,'249, § 2. 

4 laborer, on account of the employee's coming late to work, a sura in 55 Y.' 2.^^' 

5 excess of the proportionate wage which would have been earned during 

6 the time actually lost. Whoever violates this or the preceding section 

7 shall be punished by a fine of not more than fifty dollars. 

1 Section 153. No system used by manufacturers for grading the weavers' anes 

2 work of a weaver shall affect or lessen the wages of the weaver except iIIt'^g"!. i 1. 

3 for imperfections in his own work; and in no case shall the wages of J892'. lio! §1! 

4 those engaged in weaving be affected by fines or otherwise unless the J^^l' lof 1 11' 

5 imperfections complained of are first exhibited and pointed out to the l^^fj/'Aj 

6 person whose wages are to be affected; and a fine shall not be imposed 212 Mass. 315. 

7 upon any person for imperfect weaving unless this section is first com- [Penalty, § 1.54.1 

8 plied with and the amount of the fines is agreed upon by both parties. 

1 Section 154. No employer shall impose a fine upon an employee same subject. 

2 engaged at weaving for imperfections arising during the process of mt V25. § 2. 

3 weaving. Whoever violates this or the preceding section shall for the \lll[ tH] | Ig. 

4 first offence be punished by a fine of not more than one hundred dollars J^gg- l°f ^ ^*- 

5 and for a subsequent offence by a fine of not more than three hundred fl-V^^i*^- 

6 dollars. §§1.2. 

155 Mass. 117. 172 Mass. 230. 212 Mass. 315. 



hcations 
.veavers. 



1 Section 155. The occupier or manager of every cotton factory shall f^^r^wea 

2 supply to each person engaged as a weaver in said factory and paid by ^^*- ssi, 1 1^ 

3 the piece, cut or yard a printed or written ticket with each warp which 190.5, 304.' 5 1. 

4 shall contain the following specifications as to the work to be done and §§115, 145. 

5 wages paid : the number of cuts, the number of yards per cut or piece, [Penalties, 
G the price per yard, cut or piece, the number of picks per inch and the 

7 number of reeds to the inch. Said occupier or manager shall also supply 

8 to each person engaged as a frame tender a specification of the number 

9 of roving and price per hank, and to each person engaged as a warper 

10 or web drawer a specification of the number of threads in the warp and 

11 the rate of compensation, and to each operative paid by the pound a 

12 specification of the price to be paid per pound; said specification shall 
1:! be furnished in each case on a printed or written ticket within three 
14 days after said operative begins work. 

1 Section 156. The occupier or manager of every textile factory same subject. 

2 shall post in e\'ery room where any employees work by the job, in 1395, 144, 

3 legible writing or printing, and in sufficient numbers to be easily acces- fgoV, 370. § 1. 

4 sible to such employees, specifications of the character of each kind of fsoe.'es.' 

5 work to be done by them, and the rate of compensation. Such specifi- }^^^' |°^' ^ ^• 

6 cations in the case of weaving rooms shall state the intended and maxi- fl^^^' ''*• 

7 mum length of a cut or piece, the count per inch of reed, and the 1911,263. 

!• 1919 193 

8 number of picks per inch, width of loom, width of cloth woven in the §§ 1,2. 

9 loom, and the price per cut or piece, or per pound; or, if pavment is '^-°'* • 

in J -I J ^u • -1 J J 1. [Additional 

lU made per pick or per yard, the price per pick or per yard; and each penalty, § 157.1 

11 warp shall bear a designating ticket or mark of identification. In roving 

12 or spinning rooms, the number of roving or yarn and the price per hank 

13 for each size machine shall be stated; and each machine shall bear a 

14 ticket stating the number of the roving or yarn made upon it. In spooling 



1898 



LABOR AND INDUSTRIES. 



[Chap. 149. 



rooms the boxes shall bear a ticket stating the number of pounds the box 15 
contains and the price per pound. The maximum length of a cut or 16 
piece shall not exceed its intended length by more than three per cent; 17 
but if it appears that a variation in excess of the amount hereinbefore 18 
set forth has been caused in whole or in part by any weaver in the em- 19 
ploy of any person charged with the violation of this section, it shall be 20 
deemed a sufficient defence to a prosecution. The said specifications 21 
shall also contain a detailed schedule of the method of computation of 22 
the price of cotton or silk or mixed cotton and silk weaving to be paid 2.3 
by the said occupier or manager, and no particular in the specifications 24 
shall be expressed by means of symbols, but every particular shall be 25 
sufficiently clear and complete to enable the operative to determine 26 
readily the price payable for the cut or piece. Violation of any provision 27 
of this section shall for the first offence by punished by a fine of one 28 
hundred dollars, for the second oti'ence by a fine of two hundred dollars, 29 
and for a subsequent offence by a fine of five hundred dollars or by im- 30 
prisonment for not more than one month, or both. 31 



Penalty for vio- 
lation of § 155 
and for 
interference 
with inspector. 
1894, 534, 8 2. 
1901,370. § 2. 
R. L. 106, § 68. 
1905, 304, § 3. 
1909, 514, 
§§ 118, 145. 



Section 157. Violation of any provision of section one hundred 1 

and fifty-five shall for the first offence be punished by a fine of not 2 

less than twenty-five nor more than fifty dollars, and for a subsequent 3 

offence by a fine of not less than fifty nor more than one hundred 4 

dollars. Whoever interferes with an inspector in the discharge of his 5 

duties in connection with the two preceding sections shall be punished 6 

as provided in this section. 7 



Deduction 
from wages of 
women or chil- 
dren for stop- 
ping machinery 
regulated. 
Penalty. 
1898, 505. 
R. L. 106, § 69. 
1909,514, 
§§ 119, 145. 



Section 158. Deductions shall not be made from the wages of 1 

women or children paid by the day or hour, and employed in manu- 2 

facturing or mechanical establishments, w'hile machinery is stopped, 3 

if said women or children are refused the privilege of leaving the mill 4 

while the damage to said machinery is being repaired; and if they are 5 

detained in their workrooms during such time they shall not be com- 6 

pelled to make up time lost by such stopping unless compensated there- 7 

for at their regular rates of wages. Whoever violates this section shall 8 

be punished by a fine of not more than twenty dollars. 9 



Unpaid pro- 
bationary 
employment 
of woman 
or minor 
penalized. 
1931, 304. 



Section 158A. Whoever requires or permits a woman or a minor, 1 

as a condition of securing employment, to work in any factory, workshop, 2 

manufacturing, mechanical or mercantile establishment without mone- 3 

tary compensation shall be punished by a fine of not more than fifty 4 

dollars. 5 



discharge Section 159. A pcrson engaged in manufacturing who requires 

isTs" ^'H^'ri'' from his employees, under penalty or forfeiture of a part of the wages 

p. .s.'74, §1. earned by them, a notice of intention to leave such employ shall be 

1895! 129! ' liable to a like forfeiture, if, without similar notice, he discharges an 

R, L. 106, I 10. , 

1909, 514, employee. 

§§ 120, 145. 



FREE employment OFFICES. 

ment'Smler SECTION 160. The department may establish and maintain in such 1 

Annual citics as may be selected by it after investigation, with the approval of 2 

1906,435, 5 1. the governor and council, employment offices for the purpose of bring- 3 



ClL\P. 149.] LABOR AND INDUSTRIES. 1899 

4 Ing together those seeking employment and those desiring to employ, i908, 462, § s-, 

5 and may maintain such offices now establishcfl. The commissioner 1909. 371, 5 3; 

6 shall make an annual report as to free employment offices. ^'*' '' '' '^*' 

1919, 350, § 69. 

1 Section Ifil. The commissioner shall appoint for each of the offices superintend- 

2 provided for in the preceding section a superintendent who shall, under |"gn,^° ""^ °' 

3 the direction of the commissioner, perform the duties hereinafter set §§'2','3.^^' 

4 forth or such as he may require. The commissioner may also appoint Jljfj^; l^f ^ '■ 

5 an assistant superintendent and such clerks as he mav deem necessary ?§ ?,• '■*?, , ,. 

, i*!!' i'*i 1 rr» rr^i * 1919, 350, § 74. 

6 for the proper conduct or the business or said employment oihces. 1 he 

7 location of each office established under the preceding section shall be 

8 plainly indicated by a proper sign. 

1 Section 1(12. The superintendents of said employment offices shall ^^"^oYap-"' 

2 receive applications from those seeking emplovment and from those piicantsfor 

, , . . , 11,,. 1 • 1 1 employment. 

.3 desiring to employ, and shall register them in such manner as may be Procedure in 
4 prescribed by the commissioner, and shall take such other action as i906, 435, § 3. 
.5 the commissioner may deem best to promote the purposes of said offices. 1909! bit, 
(■) Said superintendents shall also receive applications from alien inimi- igu/isl. 

7 grants seeking employment in agricultural labor and from those de- i^^o, 412. 

8 siring to employ immigrants in agricultural labor, and shall take such 

9 other action as the commissioner may deem best to promote a more 

10 general distribution of alien immigrants throughout the agricultural sec- 

11 tions of the commonwealth. In directing applicants for employment to 

12 an employer in whose establishment a strike is in progress, the com- 

13 missioner, superintendents or other departmental employees shall inform 

14 the applicant of the strike. 

1 Section 1G3. No fees shall in any case be taken from tliose seeking Feespro- 

2 the benefits of said employment offices. Any superintendent or clerk Penatty. 

3 who directly or indirectly charges or receives any fee in the performance §§"4,' 7.''^' 

4 of his duties shall be punished by a fine of not more than one hundred \l^- gj|' ^ ^• 

5 dollars or by imprisonment in jail for not more than one month, and §§^. i-*5. 

6 shall be disqualified from holding further connection with said office. 

1 Section 164. In registering applications for employment and for Preference to 

2 employees wanted, preference shall be given to residents of the com- igoo^ws, § 5. 

3 mon wealth. 

190S, 485, § 4. 1909, 514, S§ 5. 145. 2 0p. A.G. 175. 

1 Section 165. Each superintendent shall make to the commissioner Reports. 

2 such reports of applications for labor or employment and of other details loos! 485] § 5! 

3 of the work of his office as the commissioner may require. The com- §§°6,'u5.' 



1919. 3.50, 
§§ 69, 70. 



4 missioner shall cause reports showing the business of the several offices 

5 to be prepared at regular intervals and to be exchanged among the 

6 said offices, and shall supply them to the newspapers and to citizens 

7 upon request; and the several superintendents shall post such reports 

8 in a conspicuous place in their offices so that they may be open to public 

9 inspection. 

1 Section 166. There shall be allowed and paid, upon the approval fh^lTpmsel"" 

2 of the commissioner, for salaries and for contingent expenses in con- jjjjj'j' *^°' 5 s. 

3 nection with the establishment and maintenance of free employment ^y-o-'ig 

4 offices, such sum as the general court may annually appropriate therefor. 1909'. 514', 



1900 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Bulletins as to 
demand for 
employment, 
weekly distri- 
bution to city, 
etc.. clerks. 
190S, 306, § 1. 
1909, 514, 
§5 8. 145. 
1919, 350, 
§§ 69, 70. 



Section 167. The commissioner may furnish weekly to the clerks 1 

of all towns in the commonwealth printed bulletins showing the demand 2 

for emplojTnentj classified by occupations to such extent as may be 3 

practicable and indicating the town where the employees are wanted. 4 

Such information shall be based upon the applications for employees 5 

under this chapter. G 



be"polt°d'° Section 168. Every town clerk shall post the lists received as afore- 1 

flos'so'e ^^^*^ '^ *^"^ °^ more conspicuous places in the town. A town clerk who 2 

§§2,'3. ' fails to comply with this section shall be punished bv a fine of not more 3 

1909, 514, . 1 , 1 n t . 

§§9, 145. than ten dollars. 4 



Commissioner, 
etc., may re- 
quire attend- 
ance of wit- 
nesses, etc. 
1S69, Res. 102. 
P. S. 31. § 14. 
R. L. 107, § 2. 
1908,462, § 1. 
1909, 371, 
S§ 2, 10. 



statistics of labor and manufactures. 

Section 169. For the purpose of compiling statistics as required by 
the following section, the commissioner or a person in the department 
designated by him may require the attendance of witnesses and the 
production of books and documents, and may examine witnesses on 
oath; and such witnesses shall be examined in the same manner and 
paid the same fees as in the superior court. 

1912, 560, § 1. 1919, 350, § 69. 



Statistics of 
labor and 
manufactures. 
1869, Res. 102. 

1876, 17S. 

1877, 248, 5 1. 

1878, 264, 6 1. 

1880, 193, § 1. 

1881, 293, 5 1. 
P. S. 4, § 7; 
31, § 13. 

1882, 6, § 1. 

1885, 369. 

1886, 174. 

1888, 23. 

1889, 124; 
440, § 7. 

1890, 97. 
1894, 393, § 7. 



Section 170. The commissioner shall make an annual report of the 1 
acts of the department relative to statistics. He shall prepare annually 2 
for distribution as public documents a report on the statistics of labor 3 
which shall embody statistical and other information relating especially 4 
to labor affairs in the commonwealth, and a report on the statistics of 5 
manufactures to be gathered as pro^•ided in the following section. The 6 
state secretary shall print for the use of the department and other pur- 7 
poses such numbers of these reports as the division of personnel and 8 
standardization may designate. The commissioner may publish, at 9 
such intervals as he deems expedient, bulletins or special reports relative 10 
to industrial or economic matters. 11 



1900, 225. 

R. L. 9, § 7: 107, § 2. 

1908, 462, §U, 2. 

1909, 371, §§3, 10. 



1910, 83. 
1913. 358. 
1918, 189, §§ 1, 2; 
257, § 9. 



1919. 5: 350, §§69, 70. 

1920. 2. 

1931. 426, § 248. 



Schedules for 
collecting 
statistics. 
1886. 174. § 1 
R. L. 107. § c 
1909. 371, 
§§4.10. 
1919. 3.50, 
§§69,70. 
1931. 426, 
§249. 



Section 171. The commissioner shall prepare a schedule for the 1 

collection of such data as may, in his judgment, be desirable for the 2 

proper presentation of statistics of manufactures and the promotion of 3 

the industrial welfare of the commonwealth; and the said schedule, 4 

unless modified by the commissioner, shall embody inquiries as to — 5 

(1) Name of person, partnership or corporation. 6 

(2) Kind of goods manufactured or business done. 7 

(3) Number of partners or stockholders. 8 

(4) Capital invested. 9 

(5) Principal stock or raw material used, and total value thereof. 10 

(6) Gross quantity and value of articles manufactured. 11 

(7) Average number of persons employed, distinguishing as to sex, 12 
adults and children. 13 

(S) Smallest number of persons employed and in what month. 14 

(9) Largest number of persons employed and in wliat month. 15 

(10) Total wages, not including salaries of managers, paid during the 16 
year, distinguishing as to sex, adults and children. 17 



Chap. 149.] l.\bor axd industries. 1901 

18 (11) Proportion that the Inisiness of the year bore to the greatest 

19 capacity for production of the establishment. 

20 (12) Nuniher of weeks in operation during the year, part time being 

21 reduced to full time. 

22 The said schedule shall be sent by mail annually, on or before Decem- 

23 ber fifteenth, to the owner, operator or manager of every manufactur- 

24 ing establishment in the commonwealth; and such owner, operator or 

25 manager, or any other person to whom the schedule is sent, shall answer 
2() the inquiries thereon and return the same to the department, properly 
27 certified as to its accuracy, not later than January twentieth following, 
2S but the commissioner may extend the time. The commissioner may 

29 suspend the operation of this section, in years when the United States 

30 takes a census of manufactures in Massachusetts, to such degree as may 

31 be necessary in order to facilitate co-operation between said department 

32 and the federal census authorities in the collection and compilation of 

33 the statistics of Massachusetts manufactures in such census years, and 

34 the avoidance of needless duplication of labor and expense. 

1 Section 172. Information so collected shall not be used by the information 

2 department, either by publication or in any other manner, so as to dis- to belo pu°b- 

3 close the private affairs of any person, and the department shall hold disdose"'" 

4 all such information to be strictly confidential. Any officer, agent or Penahv"^"'^'' 

5 employee of said department who violates this provision shall be pun- J^^se. 174, § 4. 

6 ished by a fine of not more than five hundred dollars or by imprison- 1909.371; 

7 nient for not more than one year; but this section shall not be construed 1919. 350, § 69. 

8 as prohibiting said department from tabulating and publishing such 

9 information relative to manufacturing corporations as may be required 
10 by law to be filed with other state departments. 

1 Section 173. The commissioner, having first obtained authority Distribution 

2 from the governor and council, may destroy or sell all such records, plpeJl"' "'"^ 

3 papers and schedules accumulated in the department as in his judgment r**l! 107, 5 4. 

4 are of no value. 

1909, 371, §§ 9, 10. 1919, 350, §§ 69, 70. 1931, 426, § 250. 

commission on foreign .\xd • do.mestic commerce. 
1 Section 174. [Repealed, 1929, 357, § 2.] 



MISCELLANEOUS PROVISIONS. 

1 Section 175. Manufacturers and others employing workmen may, UseofbeUs, 

2 for the purpose of giving notice to them, ring bells and use whistles isss, 84. 

3 and gongs of such size and weight and in such manner and at such fgog, lu', ^ ^' 

4 hours as the aldermen or selectmen may designate in writing. 5§33, 145. 

133 Mass. 289. 136 .Mass. 239. 

1 Section 176. If, in an emergency, special police officers are ap- Emergency 

2 pointed, under the name of police officers or any other name, to act as ilga^^'is.'^Ti 

3 police officers for quelling a riot or disturbance or for protecting Jljoggy^' ^ i^- 

4 property, no non-resident of the commonwealth shall be so appointed §5 34,145. 

5 unless he is a regular employee of the person whose property he is so 

6 appointed to protect. 



1902 



LABOR AND INDUSTRIES. 



[Chap. 149. 



Assistance of 
police ofEcers 
to protect 
property. 
Penalty. 
1892, 413, § 2. 
R. L. 108, § 12. 
1909, 514, 
65 35,145. 



Section 177. A person may, if his property is in danger, call upon 1 

the regular police authorities in the commonwealth for assistance in 2 

its protection, and this and the preceding section shall not limit or 3 

diminish such right; but no person shall request or authorize any 4 

person or body of persons not residents of the commonwealth, except 5 

regular employees, to assist such person with arms in the defence of 6 

his property, and no such request or authority shall justify an assault 7 

or attack with arms by a non-resident. Whoever, being an employer 8 

of labor, requests or authorizes assistance in violation of this section, 9 

and whoever renders such assistance with arms, shall be severally liable 10 

in damages to each person injured in person or property thereby. 11 



Contracts by 
employers 
exempting 
themselves 
from liability 
for certain 
injuries to 
employees 
forbidden. 



Section 177A. No person shall, by a special contract with his em- 1 

ployees, exempt himself from liability which he may be under to them 2 

for injuries suffered by them in their employment and resulting from the 3 

negligence of the employer or of a person in his employ. 4 

1922. 215. 
[Penalty, § 180.] 



Voting of 
emplovees. 
1887, 272, § 
1890, 423, 
§§ 143, 144. 

1893, 417, 
§5 7,336. 

1894, 508, 
§§4.78. 
1898. 548, 
§§5, 409. 



Section 178. No owner, superintendent or overseer in any manu- 
facturing, mechanical or mercantile establishment shall employ or 
permit to be employed therein any person entitled to vote at an elec- 
tion, during the period of two hours after the opening of the polls in the 
\oting precinct, ward or town in which such person is entitled to vote, 
if he shall make application for leave of absence during such period. 



R. L. 11, §§35,413. 
1902, 384. 



1904, 334. 

1907, 560, §§ 5, 447, 456. 

[Penalty, § 180.) 



1909, 514, § 45. 
1913,835, §§ 5, 488, 503. 



f9°i4,°2*63?§T.'' Section 179. The department may require employers to post in con- 1 

1919, 350, § 69. spicuous positious in any place of employment such placards, posters or 2 

signs for the information of employees as it may issue. 3 



Preference to 
citizens in 
awarding con- 
tracts for 
public work. 
Penalty. 
1922, 517. 



Section 179A. In the awarding of contracts for public work by the 1 

commonwealth or by a county, city or town or by persons contracting 2 

therewith to do such work, preference shall be given to persons who are 3 

citizens of the United States and to partnerships all of whose members 4 

are such citizens. Any person- who knowingly and wilfully violates 5 

this section shall be punished by a fine of not more than two hundred 6 

dollars. Nothing in this section shall require the acceptance of a higher 7 

bid in preference to a lower bid. 8 



S'naUy. Section 180. Whocvcr violates a provision of this chapter for 1 

189a 423, which no specific penalty is provided shall be punished by a fine of not 2 
1892, 410, § 2. more than one hundred dollars. 3 



1893, 417, § 336. 

1894, 508, § 78. 
1898, 548, § 409. 
1900, 469. 



R. L. 11, §413; 106, 
§§ 13, 70. 

1906, 499, §§ 2, 3. 

1907, 560, §§447, 456. 



1909, 514, §§ 20, 36, 45, 62, 63, 145. 

1911, 229, § 3. 

1913, 359, § 2; 779, §§20, 

21; 813, § 13; 835, § 488. 



Chap. 150.] 



CONCILIATIOiN AND ARBITRATION. 



1903 



CHAPTER 150. 

CONCILIATION AND ARBITRATION OF INDUSTRIAL DISPUTES. 



Sect. 

1. Duties of board of conciliation and arbi- 

tration. 

2. Rules of procedure. 

3. Conciliation. 

4. Advertising during strikes. 

5. Arbitration. 



Sect. 

6. Application for arbitration. 

7. Expert assistants. 

8. Witnesses. 

9. Local boards. 
10. Report. 



1 Section 1. The board of conciliation and arbitration of the depart- °"^';f„f,„„. 

2 ment of labor and industries, in this chapter called the board, shall per- ^'^"j^^Jj™;^"^ 

3 form the duties required by this chapter. 



1 Section 2. The department of labor and industries shall from time ^^^^°^^ 

2 to time establish rules of procedure for the board. 

1886,263,5 2. R. L. 106, § 1. 1909, 514, § 10. 1919, 350, §5 71, 72. 

1 Section .3. The mayor of a city or the selectmen of a town, having ConcUmtion. 

2 knowledge that a strike or lockout is seriously threatened or has actually §§ 4,'5. 

3 occurred therein, shall at once give notice to the board. Notice may be fgoV lit'. 

4 given by the employer or by the employees concerned in the controversy, \l^- l\l[ | \\, 

5 strike or lockout. When the board has knowledge that a strike or lock- \l\*- ||J' | ^j 

6 out, which involves an employer and his present or former employees, 239 Mass. 434. 

7 is seriously threatened or has actually occurred, and such employer at 

8 that time is employing, or upon the occurrence of the strike or lockout 

9 was employing, not less than twenty-five persons in the same general line 

10 of business in any town in the commonwealth, the board shall, as soon as 

11 may be, communicate with such employer and employees and endeavor 

12 by mediation to obtain an amicable settlement, or endeavor to persuade 

13 them to submit the controversy to a local board of conciliation and arbi- 

14 tration established under section nine or to the board. If a settlement 

15 is not agreed upon and the parties refuse to submit the matter in dispute 

16 to arbitration, the board shall investigate the cause of such controversy 

17 and ascertain which of the parties thereto is mainly responsible or 

18 blameworthy for the existence or continuance of the same, and shall, 

19 unless a settlement of the controversy is reached, make and publish a 

20 report finding such cause and assigning such responsibility or blame. 

21 The board may employ agents to assist in said investigation. It shall, 

22 upon the request of the governor, investigate and report upon a con- 

23 troversy if in his opinion it seriously aft'ects or threatens seriously to 

24 affect the public welfare. The board shall have the same powers for 

25 the foregoing purpose as are given to it by sections five to eight, inclu- 

26 sive. The board shall by publication or otherwise inform emplo\ers and 

27 employees of their duty to give notice to the board before resorting to 

28 a strike or lockout and of the provisions of this chapter affecting the 

29 rights of employers and employees relative to industrial disputes. 

1 Section 4. The provisions of sections twenty-two and twenty-three Advertismg 

2 of chapter one hundred and forty-nine relative to advertising during i912!m5. 



1904 



CONCILIATION AND ARBITRATION. 



[Chap. 150. 



1914, 347, 
§§ 5, 6. 
1916, 89. 
1918, 251. 
216 Mass. 356. 
243 Mass. 554. 



strikes shall cease to be operative when the board shall determine that 3 

the business of the employer, in respect to which the strike or other 4 

labor trouble occurred, is being carried on in the normal and usual man- 5 

ner and to the normal and usual extent. Upon the application of the 6 

employer, this question shall be determined by said board, but only 7 

after a full hearing at which all persons involved shall be entitled to be 8 

heard and represented by counsel. The board shall give at least three 9 

days' notice of the hearing to the strikers and employees by publication 10 

in at least three daily newspapers published in the commonwealth, and 11 

by mailing a copy of said notice, postage prepaid, to the employers and 12 

to the accredited representatives of the strikers or workmen interested, 13 

when their addresses are known; and in every case the board shall 14 

make every reasonable and diligent effort to give notice to said strikers 15 

or interested workmen. 16 



^gaffes™' Section 5. If a controversy not involving questions which may be 1 

1887, 269 § 2 *^^ subject of au action at law or suit in equity exists between a person 2 
1904' 3°!' 1 1 6™P'oying not less than twenty-five persons in the same general line of 3 
1909: 514: § 12. business and his employees, the board shall, upon application as pro- 4 
(1918) 15. vided in the following section, as soon as practicable visit the place 5 
where the controversy exists and make careful inquiry into its cause, and 6 
may, with the consent of the governor, conduct such inquiry outside the 7 
commonwealth. The board shall hear all persons interested who come 8 
before it, advise the respective parties what ought to be done or sub- 9 
mitted to by either or both to adjust said controversy, and make a 10 
written decision thereof which shall at once be made public, shall be 11 
open to public inspection and shall be recorded by the board. A short 12 
statement thereof may, in the discretion of the board, be published in 13 
the annual report, and the board shall cause a copy thereof to be filed 14 
with the clerk of the town in which said business is carried on. Said 15 
decision shall for six months be binding upon the parties who join in 16 
said application, or until the expiration of sixty days after either party 17 
has given notice in writing to the other party and to the board of his 18 
intention not to be bound thereby. Such notice may be given to said 19 
employees by posting it in three conspicuous places in the shop or 20 
factory where they work. 21 



Application 
arbitration. 

1886, 263, 5 

1887, 269, § 
1890, 385, § 
R. L. 106, § 
1904, 313, § 
1909, 514, § 



Section 6. The application shall be signed by the employer or by a 1 
majority of his employees in the department of the business in which 2 
the controversy exists, or by their duly authorized agent, or by both 3 
parties, and if signed by an agent claiming to represent a majority of 4 
the employees, the board shall satisfy itself that he is duly authorized 5 
so to do; but the names of the employees giving the authority shall be 6 
kept secret. The application shall contain a concise statement of the 7 
existing controversy and a promise to continue in business or at work 8 
without any lockout or strike until the decision of the board, if made 9 
within three weeks after the date of filing the application. The board 10 
shall forthwith, after such filing, cause public notice to be given of the 11 
time and place for a hearing on the application, unless both parties join 12 
in the application and present therewith a written request that no public 13 
notice be given. If such request is made, notice of the hearings shall be 14 
given to the parties in such manner as the board may order, and the 15 
board may give public notice thereof, notwithstanding such request. 16 
If the petitioner or petitioners fail to perform the promise made in the 17 



Chap. loO.J conciliation and arbitration. 1905 

IS application, the board shall proceed no further thereon without the 
19 written consent of the adverse party. 

1 Section 7. In all controversies in which application is made under Expert 

2 the preceding section, each party may, in writing, nominate fit persons isoo.ssl,' { i. 
.3 to act in the case as expert assistants to the board, and the board may J^l loo. I s. 

4 appoint one from among the persons so nominated by each party. Said |U;j^; l\l \ \-^_ 

5 experts shall be skilled in and conversant with the business or trade con- {»!»• 35o, 5 72. 

6 cerning which the controversy exists; they shall be sworn by a member 

7 of the board to the faithful performance of their official duties, and a 
S record of their oath shall be made in the case. Said ex-perts shall, if 

9 required, attend the sessions of the board, and under its direction shall 

10 obtain and report information concerning the wages paid and the 

11 methods and grades of work prevailing in establishments within the 

12 commonwealth similar to that in which the controversy exists, and they 

13 may submit to the board at any time before a final decision any facts, 

14 advice, arguments or suggestions which they may consider applicable 

15 to the case. No decision of said board shall be announced in a case in 

16 which said experts have acted without notice to them of a time and place 

17 for a final conference on the matters included in the proposed decision. 

18 Such ex-perts shall receive from the commonwealth a sum not exceeding 

19 ten dollars each for every day of actual service and their necessary travel- 

20 ing expenses. The board may appoint such additional experts as it 

21 considers necessary, who shall be qualified in like manner and, under the 

22 direction of the board, shall perform like duties and be paid the same 

23 fees as the experts who are nominated by the parties. 

1 Section 8. In all investigations, and inquiries or proceedings con- ]^^«™|||'- 

2 ducted by the board, any member thereof may summon witnesses, may hs.'s. _' 

3 administer oaths, take testimony, and require the production of books r. l'. loe, 5 6^ 

4 and documents. Each witness shall certify in WTiting the amount of his }|!?^; ||t: ^ '^■ 

5 travel and attendance, and the amount due to him shall be paid forth- "!«■ ^so. § 72. 
G with by the board. 

1 Section 9. The parties to any controversy described in section five Local boards^ 

2 may submit it in writing to a local board of conciliation and arbitration, issy! ~2m', § 4'. 

3 which may be composed either of three members mutually agreed upon, loW, su.' § 16. 

4 or of a member chosen by the employer, a member chosen Ijy the em- '^'*' ®*'' * ^ 

5 ployees or their authorized representative, and a third, who shall be 

6 chairman, chosen by the other two. Such local board shall have and 

7 exercise, relative to matters referred to it, all the powers of the state 

8 board, and its decision shall have such binding effect as may be agreed 

9 upon in the written submission. Such local board shall have exclusive 

10 jurisdiction of the controversy submitted to it, but it may ask the advice 

11 and assistance of the state board. The decision of such local board 

12 shall be rendered within ten days after the close of any hearing held by 

13 it, and shall forthwith be filed with the clerk of the city or town where 

14 the controversy arose, and a copy thereof shall be forwarded by said 

15 clerk to the state board. Each of such arbitrators shall be entitled to 

16 receive from the treasury of the city or town where the controversy 

17 arose, with the approval in writing of the mayor of the city or the select- 

18 men of the town, the sum of three dollars for each day of actual service, 

19 not exceeding ten dollars for any one arbitration. 



1906 



[Chaps. 150, 151. 



f8MT263, 5 5. Section 10. The commissioner of labor and industries shall make an 1 

fgoQ 514' § 16 annual report of the acts of the board in performing the duties required 2 

1918; 257,' §476: by this chapter. 3 

1919, 5; 350, §5 8, 72. 1920,2. 



CHAPTER 151 

THE MINIMUM WAGE. 



Sect. 

1. Certain duties of the board of concilia- 

tion and arbitration relative to wages 
paid to females. 

2. Wage boards. 

3. Duties of wage boards. 

4. Review of report of wage boards. Ap- 

peal to court. Publication of find- 
ings, etc. 

5. Powers as to rates of wages. 

6. Special license. 



7. Wages of minors. 



Sect. 

8. Register of women and minors. 

9. Certain statistics to be furnished to the 

commission. 

10. Penalty for discrimination. 

11. Names of certain employers to be pub- 

lished. 
Penalty for refusal to publish findings. 
No liability for publication except for 

wilful misrepresentation. 
Posting notices. 
Annual report. 



12. 
13. 



Certain duties 
of the board 
of conciliation 
and arbitration 
relative to 
wages paid to 
females. 
1912, 706, S 3, 
1919. .350, § 72. 
231 Mass. 99. 



Section 1. The board of conciliation and arbitration of the depart- 
ment of labor and industries in performing the duties required by this 
chapter shall be known as the minimum wage commission, in this chap- 
ter called the commission. It shall investigate the wages paid to female 
employees in any occupation if it has reason to believe that the wages 
paid to a substantial number of such employees are inadequate to supply 
the necessary cost of living and to maintain the worker in health. 



Wage boards. 
1912, 706, S 4. 
1914,368. § 1. 

1919, 72; 
350, § 71. 

1920, 48. 

4 Op. A. G. 
447, 494. 



Section 2. If after such investigation the commission is of the opin- 1 
ion that in the occupation in question the wages paid to a substantial 2 
number of female employees are inadequate to supply the necessary cost 3 
of living and to maintain the worker in health, it shall establish a wage 4 
board consisting of an equal number of representatives of employers in 5 
the occupation in question, and of persons to represent the female em- 6 
ployees in said occupation, and of one or more disinterested persons 7 
appointed by it to represent the public; but the representatives of the 8 
public shall not exceed one half of the number of representatives of either 9 
of the other parties. The commission shall give notice to employers and 10 
employees in said occupation by publication or otherwise of its deter- 11 
mination to establish a wage board and of the number of representatives 12 
of employers and of employees to be chosen therefor, and shall request 13 
that said employers and employees, respectively, nominate such repre- 14 
sentatives by furnishing names to it. 15 

The representatives of employers and employees shall be selected by IG 
the commission from names furnished by the employers and by the em- 17 
ployees, respectively; provided, that the same are furnished within ten 18 
days after such request; and provided, further, that at least twice as 19 
many names, respectively, are furnished as are required. If less than 20 
this number of names are furnished for representatives, either of em- 21 
ployers or of employees, at least one half the names so furnished shall be 22 



Chap. 151.] the minimum wage. 1907 

23 selected, and the remaining places necessary may be filled by the com- 

24 mission by appointments made directly from employers, including officers 

25 of corporations, associations and partnerships, or from employees in the 

26 occupation, as the case may be. The commission shall designate as 

27 chairman one of the representatives of the public, and .shall make rules 

28 and regulations governing the selection of members and the modes of 

29 procedure of the wage boards, and shall exercise exclusive jurisdiction 

30 over all questions arising with reference to the validity of the procedure 

31 and of the determinations of the wage boards. The members of wage 

32 boards shall be compensated at the same rate as jurors, and they shall 

33 be allowed the necessary tra\-eling and clerical expenses incurred in the 

34 performance of their duties, these pajTnents to be made from the appro- 

35 priation for the expenses of the commission. The commission may fill 

36 vacancies arising in a duly constituted wage board by appointing a suflS- 

37 cient number of suitable persons to complete the representation of the 

38 employers, employees or public, as the case may be. 

1 Section 3. The commission may transmit to each wage board all ^"ge''bo°irds. 

2 pertinent information in its possession relative to the wages paid in the }^i2, m, § 5. 

3 occupation in question. Each wage board shall take into consideration 4 0p'. a. g. 

4 the needs of the employees, the financial condition of the occupation 

5 and the probable effect thereon of any increase in the minimum wages 

6 paid, and shall endeavor to determine the minimum wage, whether by 

7 time rate or piece rate, suitable for a female employee of ordinary ability 

8 in the occupation in question, or for any or all of the branches thereof, 

9 and also suitable minimum wages for learners and apprentices and for 

10 minors under eighteen. When a majority of the members of a wage 

11 board shall agree upon minimum wage determination, they shall report 

12 such determination to the commission, together with the reasons therefor 

13 and the facts relating thereto. 

1 Section 4. Upon receipt of a report from a wage board, the com- Review of 

2 mission shall review the same, and may approve or disapprove any or wage boards. 

3 all of the determinations recommended, or may recommit the subject to roun" '° 

4 the same wage board or to a new one. If the commission approves any gndin'J^'et'c"' 

5 or all of the determinations of the wage board it shall, after not less than }^J^' ^oe, § 6. 

6 fourteen days' notice to employers paying a wage less than the mini- 'j^'^^^^q- ^ ^■ 

7 mum wage approved, give a public hearing to such employers, and if, (i9i9) 6. 

8 after such public hearing, the commission finally approves the de- 

9 termination, it shall enter a decree of its findings and note thereon the 

10 names of employers, so far as they may be known to it, who fail or refuse 

11 to accept such minimum wage and agree to abide by it. The commis- 

12 sion shall thereafter publish at such times and in such manner as it may 

13 deem advisable a summary of its findings and of its recommendations. 

14 It shall also at such times and in such manner as it shall deem advisable 

15 publish the facts, as it may find them to be, as to the acceptance of its 

16 recommendations by the employers engaged in the industry to which any 

17 of its recommendations relate, and may publish the names of employers 

18 whom it finds to be following or refusing to follow such recommenda- 

19 tions. An employer who files a declaration under oath in the supreme 

20 judicial or superior court to the effect that compliance with the recom- 

21 mendation of the commission would render it impossible for him to con- 

22 duct his business at a reasonable profit shall be entitled to a review of 

23 said recommendation by the court under the rules of equity procedure. 



1908 



THE MINIMUM WAGE. 



[Chap. 151. 



The burden of proving the averments of said declaration shall be upon 24 
the complainant. If, after such review, the court finds the averments of 25 
the declaration to be sustained, it may issue an order restraining the com- 26 
mission from publishing the name of the complainant as one who refuses 27 
to comply with its recommendations. But such review, or any order 28 
issued by the court thereupon, shall not be an adjudication affecting the 29 
commission as to any employer other than the complainant, and shall in 30 
no way affect its right to publish the names of those employers who 31 
comply with its recommendations. The type in which the employers' 32 
names shall be printed shall not be smaller than that in which the news 33 
matter of the newspaper is printed. The publication shall be attested 34 
by the signatures of at least a majority of the commission. 35 



Powers as to 
rates of wages. 
1912, 706, § 8. 
1920, 387, 



Section 5. Whenever a minimum wage rate has been established 1 

in any occupation, the commission may, upon petition of either em- 2 

ployers or employees, or if in its opinion such action is necessary to meet 3 

changes in the cost of living may without such petition, reconvene the 4 

wage board or establish a new one, and any recommendation made by 5 

such wage board shall be dealt with in the same manner as the original 6 

recommendation of a wage board, 7 



I9i2!*706?r9'.' Section 6. For any occupation in which a minimimi time rate only 

o ^^a^g' ^ ''^' ^^^ been established, the commission may issue to any woman physically 

(1918) 7. defective a special license authorizing the emploxinent of the licensee for 

a wage less than the legal minimmn wage; provided, that it is not less 

than the special minimum wage fixed for that person. 



mmorl"' SECTION 7. The commission may at any time inquire into the wages 

1912, 706, § 10. paid to minors in any occupation in which the majority of employees are 
minors, and may, after giving public hearings, determine minimum wages 
suitable therefor. When the commission has made such a determination, 
it may proceed in the same manner as if the determination had been 
recommended to it by a wage board. 



Register of 
women and 
minors. 

1912, 706, 

1913, 330 

1914, 368, § 4. 
1919, 76; 350, 
§72. 



§11. 



Section 8. Every employer of women and minors shall keep a reg- 1 
ister of the names, addresses and occupations of all women and minors 2 
employed by him, together with a record of the amount paid each week 3 
to each woman and minor, and if the commission shall so require, shall 4 
also keep for a specified period, not exceeding six months, a record of the 5 
hours worked by such employees, and shall, on request of the commis- 6 
sion or of the department of labor and industries, permit the commission 7 
or any of its members or agents, or the department or any duly accredited 8 
agent thereof, to inspect the said register and to examine such parts of 9 
the books and records of employers as relate to the wages paid to women 10 
and minors, and the hours worked by such employees. Any employer 11 
failing to keep a register or records as herein provided, or refusing to 12 
permit their inspection or examination, shall be punished by a fine of not 13 
less than five nor more than fifty dollars. The commission may also sub- 14 
poena witnesses, administer oaths and take testimony, and require the 15 
production of books and documents. Such witnesses shall be summoned 16 
in the same manner and be paid by the commonwealth the same fees 17 
as witnesses before the superior court. 18 



Chap. 151.] the mixi.muxi wage. 1909 

1 Section 9. Upon request of tlie commission, the department of labor Certain sta- 

2 and industries shall cause to be gathered such statistics and other data furnbhcd to 
.3 as the commission may require, and the cost thereof shall be paid out of siSfn™""'""" 

4 the appropriation made for the expenses of the commission in reference to j^Jg; 11^' | If 

5 the minimum wage. 

1 Section 10. No employer shall discharge or in any other manner Penait>: (or 

2 discriminate against any employee because such employee has testified, itTiX'TOs* sTs. 

3 or is about to testify, or has served or is about to serve upon a wage \l\l] f^ll 5 1: 

4 board, or is or has been active in the formation tiiereof, or has given or 

is about to give information concerning the conditions of such employee's 

6 employment, or because the employer believes that the employee may 

7 testify, or may serve upon a wage board, or may give information con- 

8 cerning the conditions of the employee's employment, in any investiga- 

9 tion or proceeding relative to the enforcement of this chapter. Whoever 

10 violates this section shall be punished by a fine of not less tlian two hun- 

11 dred nor more than one thousand dollars. 

1 Section 11. The commission shall from time to time determine Names of 

2 whether employers in each occupation investigated are obeying its de- pioy'l'r" tS'be 

3 crees, and shall publish, in the manner provided in section four, the name ?9l'2.''706, 5 14 

4 of any employer whom it finds to be violating any such decree. ^^^ ^'""^^ ^^ 

1 Section 12. Any newspaper refusing or neglecting to publish the Penalty for 

2 findings, decrees or notices of the commission at its regular rates for the puwish Ld- 

3 space taken shall be punished bv a fine of not less than one hundred '"/12 706 § lo. 

4 dollars. 231 Mass. 90 

1 Section 13. No member of the commission, and no newspaper No liability 

2 publisher, proprietor, editor or employee thereof, shall be liable to an excllrt for"""" 

3 action for damages for publishing the name of any employer as pro- r^reieTa'tion. 

4 vided for in this chapter, unless such publication contains some wilful 23i'm™s: 99.^' 

5 misrepresentation. 

1 Section 14. The commission may require employers in any occupa- Posting 

2 tion to post notices of its hearings or of nominations for wage boards, or igisres. 

3 of decrees that apply to their employees, in such reasonable way and alof'/ei^ "' 

4 for such length of time as it may direct. Whoever refuses or fails to post 

5 such notices or decrees, when so required, shall be punished by a fine of 

6 not less than five nor more than fifty dollars. The department of labor 

7 and industries shall enforce this section. 

1 Section 15. The commissioner of labor and industries shall make Annuaircport 

2 an annual report of the acts of the commission in performing the duties ilno. sso,' 

3 required by this chapter. 



1910 



WORKMEN S COMPENSATION. 



[Chap. 152. 



CHAPTER 152. 

WORKMEN'S COMPENSATION. 



Sect. 

1. Definitions. 

2. Powers and duties of department. 

3. [Repealed.] 

4. Annual report. 

PROCEDURE. 

5. Rules; process, witnesses. 

6. Agreement for compensation. 

7. Hearing by one member. 

8. Investigation by the member. 

8A. Petition to superior court in case of 
failure to claim review within time 
limited. 

9. Examination by impartial physician. 

Pee, report. 
9A. Fees for certain physicians appearing 
before department in behalf of 
injured employees. 

10. Hearing by reviewing board. Pay- 

ment by insurers of certain ex- 
penses of reviews, when. 

11. Powers of superior court. 

12. Weekly payments may be changed. 

Certain findings that incapacity has 
ceased not final, etc. 

13. Amount of fees of attorneys, physi- 

cians, etc. 

14. Frivolous proceedings. Costs. 

15. Legal liability for injuries. Election, 

etc. 
15A. Payment of compensation in certain 
cases in anticipation of settlement 
of controversy as to which of two 
or more insurers is liable. 

16. Decision of department. Enforce- 

ment. 

17. Decision of department, etc., not 

suspended by appeal. 

18. Independent contractor, etc. 

19. Notice of injuries to be given to de- 

partment. 

20. Hospital records admissible as evi- 

dence. Records open to inspection 
of department. 

21. Notice to employees. 

22. Same subject. 

23. Acceptance of payment, etc., by 

employee releases employer from 
liability, etc. 

24. Notice by employee to retain rights 

at common law. 

25. Payment of judgment by insured. 

PAYME>n'S. 

26. Payments. Presumption of employ- 

ment. Extraterritoriality. 



Sect. 

27. Wilful misconduct by employee bars 

compensation. 

28. Wilful misconduct by employer. 

Double compensation. 

29. Waiting period. 

30. Medical ser\'ices, etc. 

31. Death payments. 

32. Dependents. 

33. Funeral expenses. 

34. Total incapacity. 

35. Partial incapacity. 

36. Payments for certain specific injuries. 

37. Method of payment for certain in- 

juries. 

38. Savings, etc., not to be deducted. 

39. Payments in case of death. 

40. Guardian, etc., may claim rights. 

41. Notice and claim. 

42. Form of notice. 

43. Service of notice. 

44. Notice not invalid for inaccuracy, etc. 

45. Examination by insurer's physician. 

46. Waiver of rights to compensation 

regulated. 

47. Payment not assignable. 

48. Lump sums in lieu of weekly pay- 

ments. 

49. Claim. 

50. Interest in appealed cases. 

51. Compensation of young employee. 

insurance companies. 

52. Insurance companies. 

53. Mutual companies. 

54. (Repealed.) 

55. Approval by commissioner of insur- 

ance. Effect of policy issued with- 
out such approval. 

56. Joint and several policies. 

57. Deposit by domestic insurance com- 

pany of value of certain outstand- 
ing claims. 

58. Commissioner to compute value. 

59. Duties of state treasurer as to such 

deposits. 

60. Appointment of receiver, effect; du- 

ties as to deposit. 
60A. Review by supreme judicial court. 
60B. Expenses of custody of deposit. 
60C. Penalty for failure to comply with 

order of commissioner under § 57. 
60D. Additional penalties for violations of 

§ 57, etc. Jurisdiction of supreme 

judicial court. 

61. Bond of foreign company. 

62. Foreign companies ceasing to do 

business. 



Chap. 152.] 



workmen's compensation. 



1911 



Sect. 

63. Information by insurance rompanies 

on request of the department. 

64. Rules by insurer. 

65. Special fund for certain payments. 



MISCELLANEOUS PROVISIONS. 

66. Modification of liability. 

67. Application of the preceding section. 

68. Application of certain other laws. 



Sect. 

69. Compensation by the commonwealth, 

etc. Definition of certain terma 

in §§ 68-75. 
Procedure. 

Other remedies excluded. 
Waiver of rights by employee. 
Election between compensation and 

pension. 
Application of §§ 69-75. 
Agents for enforcing §§ 69-75. 



70. 
71. 



73. 



74. 
75. 



Section 1. The following words as used in this chapter shall, unless oefinitiona. 
a different meaning is plainly required by the context or specifically pre- v, § 2. ' 
scribed, have the following meanings: 



4 

5 
6 
7 
8 
9 
10 



1913, .168. 

1914. 708. 5 13. 



1931. 426, §5 251. 252. 
238 Mass. 93. 



252 Mass. 426. 
258 .Mass. 470. 



(1) "Average weekly wages", the earnings of the injured employee 215 Mass. 96. 
during the period of twelve calendar months immediately preceding the 225 Mass! 349! 
date of injury, divided by fifty-two; but if the injured employee lost ilsMasI. 334! 
more than two weeks' time during such period, the earnings for the re- ^f^ ^j^^- ^^s- 
mainder of such twelve calendar months shall be divided by the number ^^^^^j^^^ ^ 
of weeks remaining after the time so lost has been deducted. Where, by 259 Mass. 376. 
reason of the shortness of the time during which the employee has been 

11 in the employment of his employer or the nature or terms of the employ- 

12 ment, it is impracticable to compute the average weekly wages, as above 

13 defined, regard may be had to the average weekly amount which, during 

14 the twelve months previous to the injury, was being earned by a person 

15 in the same grade employed at the same work by the same employer, 

16 or, if there is no person so employed, by a person in the same grade em- 

17 ployed in the same class of employment and in the same district. 

18 (2) "Department", the department of industrial accidents. 

19 (3) "Dependents", members of the employee's family or next of kin 222 Mass. 401, 

20 who were wholly or partly dependent upon the earnings of the employee 223' Mass. 378. 

21 for support at the time of the injury. 

224 Mass. 86. 231 Mass. 261. 243 Mass. 528. 



225 Mass. 66. 

228 Mass. 555. 

229 Mass. 435. 



233 Mass. 287. 
236 Mass. 204. 



269 Mass. 267, 583. 

270 Mass. 309. 



22 (4) "Employee", every person in the service of another under any 

23 contract of hire, express or implied, oral or written, except masters of and 

24 seamen on vessels engaged in interstate or foreign commerce, and except 

25 one whose employment is not in the usual course of the trade, business, 

26 profession or occupation of his employer. Any reference to an employee 

27 who has been injured shall, when the employee is dead, also include his 

28 legal representatives, dependents and other persons to whom compensa- 

29 tion may be payable. 

233 Mass. 570. 2,56 Mass. 466. 267 Mass. 319. 

244 Mass. 47. 260 Mass. 421. 268 Mass. 221, 491. 

2.52 Mass. 108. 265 .Mass. 116 



271 .Mass. 46. 



253 .Mass. 420. 



30 (5) "Employer" includes the legal representative of a deceased ^32 Mass. 4S7. 

31 employer. 

32 (6) "Insured" or "insured person", an employer who has provided 237 Mass. i30. 

33 by insurance for the payment to his employees by an insurer of the 

34 compensation provided for by this chapter. 

35 (7) "Insurer", any insurance company authorized so to do which 

36 has contracted with an employer to pay the compensation provided for 

37 by this chapter. 



1912 



WORKMEN S COMPENSATION. 



[Chap. 152. 



1917, 297, § 1. 



(8) "Reviewing board", the reviewing board designated under section 38 
three of chapter twenty-four. 39 



Powers and 
duties of 
department. 
1913, 813, § 4. 



Section 2. The department shall make all necessary inspections and 1 

investigations relating to causes of injuries for which compensation may 2 

be claimed, and for this purpose any member or employee thereof may 3 

at any time enter places of employment when being used for business 4 

purposes. It shall also have the powers and duties set forth in this 5 

chapter. 6 



Annual report. 
1914, 656, I 1. 



Section ,3. [Repealed, 1921, 4G2, § 8.] 

Section 4. The department shall make an annual report. 

1918, 231, § 1. 1921, 462, § 7. 



Rules, process, 
witnesses. 

1911. 751, 
III. §3. 

1912. 571, 5 8. 

1913. 123:273. 
219 Mass. 58. 

228 Mass. 213. 

229 Mass. 433. 
233 Mass. 297. 
Op. A. G. 
(1917) 77. 



procedure. 

Section 5. The department may make rules consistent with this 1 

chapter for carrying out its provisions. Process and procedure shall be 2 

as simple and summary as reasonably may be. The department or any 3 

member thereof may subpoena witnesses, administer oaths, and exam- 4 

ine such parts of the books and records of the parties to a proceeding as 5 

relate to questions in dispute. Upon the ^\Titten request of the depart- 6 

ment or of any member thereof, together with interrogatories and cross- 7 

interrogatories, if any there be, filed with the clerk of the superior court 8 

for any county, commissions to take depositions of persons or witnesses 9 

residing without the commonwealth, or in foreign countries, or letters 10 

rogatory to a court in another state or to a court in a foreign country, 11 

shall forthwith issue from the said superior court, as in cases pending 12 

therein; and upon the return of the said depositions or answers to letters 13 

rogatory the same shall be opened by the clerk of the court issuing the 14 

commissions or letters, and the said clerk shall endorse thereon the date 15 

when a deposition or answer to letters rogatory was received, and the 16 

same shall forthwith be delivered to the department. No entry fee shall 17 

be charged in such cases. The fee for attending as a witness before the 18 

department shall be one dollar and fifty cents a day; for attending before 19 

a member of the department, fifty cents a day; in both cases, five cents 20 

a mile for travel out and home. The superior court may enforce by 21 

proper proceedings the provisions of this section relating to the attend- 22 

ance and testimony of witnesses and the examination of books and 23 

records. 24 



Agreement 
for com- 
pensation. 

1911, 751, 
III. § 4. 

1912, .571, § 9. 

230 Mass. 583. 

231 Mass. 469. 

233 Mass. 485. 

234 Mass. 5. 
250 Mass. 220. 



Section 6. If the insurer and the injured employee reach an agree- 
ment in regard to compensation, a memorandum thereof shall be filed 
with the department, and, if approved by it, the memorandum shall for 
all purposes be enforceable under section eleven. Such agreements shall 
be approved by said department only when the terms conform to this 
chapter. 

254 Mass. 359. 258 Mass. 205. 264 Mass. 7. 



Hearing by 
one member. 

1911, 731, 
III. § 3. 

1912. 371, § 10. 
1914, 708. 5 9. 
1917, 297, § 2. 



Section 7. If the insurer and the injured employee fail to reach an 
agreement in regard to compensation, or if they have reached such an 
agreement, which has been signed and filed in accordance with this 
chapter, and compensation has been paid or is due in accordance there- 



Chap. 152.] workmen's compensation. 1913 

5 with, and the parties thereto then disagree as to the continuance of any 218 Mass. 346. 

6 weekly payments under such agreement, either party may notify the 231 .Mass! 469! 

7 department, which shall thereupon assign the case for hearing by a 246 .m^s! 513! 

8 member thereof. 

250 Mass. 220. 254 Mass. 359. 258 Mass. 205. 

1 Section S. Such member shall make such inquiries and investiga- investigation 

2 tions as shall be deemed necessary. The hearing shall be held in the town ion, ^751!" "' 

3 where the accident occurred or in such other place as the department Igyjn, § 12. 

4 may designate; and the decision of the member, together with a state- ^i.^mI^s'. Iso. 

5 ment of the evidence, his findings of fact, rulings of law, and other matters |i6 ^{^^^- si- 

6 pertinent to questions arising before him, shall be filed with the depart- 222 Mass. 487. 

7 ment. Unless a claim for review is filed bv either party within seven .55s.' 

, , , . . I ,1 I i> 11 1 ' .• 1 232 Mass. 487. 

8 days, the decision shall be enforceable under section eleven. 235 Mass. 387. 

236 Mass. 588. 246 Mass. 513. 254 Mass. 359. 

240 Mass. 178. 250 Mass. 220. 258 Mass. 205. 

1 Section 8A. A party who has by accident, mistake or through other Petition to su- 

2 reasonable cause, omitted to claim a review from a decision rendered ?ase°o/Siiure" 

3 under section eight within the time limited therein, may, within two tiew^wTthfn 

4 years from the filing of such decision with the department, petition the ig'^g/a'So*''^!. 

5 superior court for the county in which the injury occurred, or for the 

6 county of Suffolk, for leave to claim such review, and the court may 

7 grant such petition and permit such claim to be filed if it finds that 

8 justice and equity require it, notwithstanding that a decree has previ- 

9 ously been rendered on such decision as provided in section eleven. 

1 Section 9. The department or any member thereof may appoint a Esamination 

2 duly qualified impartial physician to examine the injured employee and phySnan.'" 

3 to report. The fee for this service shall be five dollars and traveling ex- fgu^li^' 

4 penses, but the department may allow additional reasonable amounts in 59i4^|os, 5 lo. 

5 extraordinary cases, and the insurer shall reimburse the department for },\l\^^^^ jgg 

6 the amount so paid. The report of the physician shall be admissible as 242 Mass. 408. 

7 evidence in any proceeding before the department or a member thereof; 25s iiassl 205! 

8 provided, that the employee and the insurer have seasonably been fur- ^^^ 

9 nished with copies thereof. 



1 Section 9A. Whenever a medical question is in dispute in any case, Fees for 

2 and an impartial physician has not, prior to seven days before the date physiSans 

3 assigned for each hearing thereon, been appointed l)y the department b?f''oTe"depart- 

4 or a member thereof, the employee may engage his own physician to b^ph"'/ of 

5 appear and testify in his behalf and, if the decision of the single mem- '"{.y'jfjj ^'°' 
() ber or of the department is in favor of the employee, a reasonable fee 1929. 242. 

7 shall be allow'ed by the member or by the department for such physi- 

8 cian's services and shall be added to the amount awarded to the employee 

9 and be paid by the insurer under the provisions of this chapter. 

1 Section 10. If a claim for a review is filed under section eight, the Hearing by 

2 review^ing board shall hear the parties, and may hear evidence in regard board!"'pay- 

3 to pertinent matters and may revise the decision in whole or in part, or -JlsSrers^ot 

4 may refer the matter back to the member for further findings of fact, p^ng^'^oTre- 

5 and shall file its decision with the records of the proceedings and notify jg^i'T^ys}"'"" 

6 the parties. If a claim for a review is so filed by the insurer in any case ni. § lo.' 



1914 



WORKMEN S COMPENSATION. 



[Ch.\p. 152. 



1912, 571, § 13. 
1917, 297, 
§§1,6. 
1930, 208. 
219 Mass. 189. 

222 Mass. 98. 

223 Mass. 378. 
227 Mass. 269, 
456. 



and the board by its decision orders the insurer to make, or to continue, 7 

payments to the injured employee, the cost to the injured employee of 8 

such review, including therein reasonable counsel fees, shall be deter- 9 

mined by the board and shall be paid by the insurer. No party shall as 10 

of right be entitled to a second hearing upon questions of fact. 11 



242 Mass. 408. 
246 Mass. 513. 



250 Mass. 220. 
253 Mass. 52. 



258 Mass. 209. 
269 Mass. 102. 



Powers of 
superior 
court. 
1911,751, 
HI, § 11. 
1912, 571, 
§14. 

1917, 297, 
§S1, 7. 

215 Mass. 480, 
497. 

216 Mass. 51, 
586. 

217 Mass. 36. 
76. 

219 Mass, 430. 
222 Mass. 1, 
226 Mass. 143. 
228 Mass. 31. 

230 Mass. 583. 

231 Mass. 297, 
402. 

232 Mass. 487. 

233 Mass. 485. 
236 Mass. 407. 
238 Mass. 46, 
308, 412. 

242 Mass. 489. 
247 Mass. 570. 

250 Mass. 220. 

251 Mass. .569. 
258 Mass. 205. 
269 Mass. 102. 



Section 11. Any party in interest may present certified copies of 1 
an order or decision of the reviewing board, a decision of a member from 2 
which no claim for review has been filed within the time allowed therefor, 3 
or a memorandum of agreement approved by the department, and all 4 
papers in connection therewith, to the superior court for the county in 5 
which the injury occurred or for the county of Suffolk, whereupon said 6 
court shall render a decree in accordance therewith and notify the parties. 7 
Such decree shall have the same effect, and all proceedings in relation S 
thereto shall thereafter be the same, as though rendered in a suit duly 9 
heard and determined by said court, except that there shall be no appeal 10 
therefrom upon questions of fact or where the decree is based upon a 11 
decision of a member or a memorandum of agreement, and except that 12 
there shall be no appeal from a decree based upon an order or decision 1.3 
of the reviewing board which has not been presented to the court within 14 
ten days after the notice of the filing thereof by said board. Upon the 15 
presentation to it of a certified copy of a decision ending, diminishing 16 
or increasing a weekly payment under the following section, the court 17 
shall revoke or modify the decree to conform to such decision. 18 



Weekly pay- 
ments may be 
changed. 
Certain find- 
ings that 
incapacity 
has ceased not 
final, etc. 
1911,751, 
III, § 12. 
1914.708, § 11. 
1917, 297, I 8. 
1929. 246. 
225 Mass. 349. 
235 Mass. 387. 
237 Mass. 460. 

249 Mass. 477. 

250 Mass. 220. 

251 Mass. 414. 
269 Mass. 102. 



Section 12. Questions as to a weekly payment may be heard and 1 
decided by the reviewing board or any member of the department, and 2 
the reviewing board or such member may, in accordance with the evidence 3 
and subject to this chapter, issue any order deemed advisable. If the 4 
case is heard and decided by a member, his decision may be reviewed 5 
under sections eight and ten. 6 

When in any case before the board there appears of record a finding 7 
that the employee is entitled to compensation, no subsequent finding by 8 
the board or by a member thereof discontinuing compensation on the 9 
ground that the employee's incapacity has ceased shall be considered 10 
final as a matter of fact or res judicata as a matter of law, and such em- 11 
ployee or his dependents, in the event of his death, may have further 12 
hearings as to whether his incapacity or death is or was the result of the 13 
injuries for which he received compensation; provided, that if the 14 
board shall determine that the petition for such a rehearing is without 15 
merit and frivolous, the employee or his dependents shall not thereafter 16 
be entitled to file any subsequent petition therefor except for cause 17 
shown and in the discretion of the member to whom such subsequent IS 
petition may be referred, and that, in the event of the death of the 19 
employee, such a petition for a rehearing shall be filed within three 20 
months from the time of his decease and within one year from the date 21 
of the finding terminating his compensation. 22 



Section 13. Fees of attorneys and physicians and charges of hospitals 



Amount of 
fees of 

attorneys, foj. gerviccs uudcr this chapter shall be subject to the appro\'al of the 

physicians, etc. tp i • i i • • i • i 

iii^sW' department. If the insurer and any physician or hospital, or the em- 
i9i'4. 708, § 12. ployee and any attorney, fail to agree as to the amount to be paid for 



Chap. 152.] workmen's compensation. 1915 

5 such services, either party may notify the department, which may there- 1917.297, 59. 
fi upon assign the case for hearing by a member thereof. The member 22s Mass! 142! 
7 shall report the facts to the department for decision, and the decision 241 Mass' 525! 
S shall be enforceable under section eleven. 

249 .Mass. 477. 251 Mass. 569. 257 Mass. 267. 

1 Section 14. If the reviewing board, any member of the department Frivolous 

2 or any court before which proceedings under this chapter are brought ('"sts 

.3 determines that such proceedings have been brought, prosecuted or lii. § 1 4 ' 

4 defended without reasonable ground, the whole cost of the proceedings oi-I'mIm' Iso.' 

5 shall be assessed upon the party who has so brought, prosecuted or de- I42 Mas|; 4^9; 

6 fended them. 

252 Mass. 191. 258 Mass. 475. 

1 Section 15. Where the injury for which compensation is payable Legal lia- 

2 was caused under circumstances creating a legal liability in some person injunes""^ 

3 other than the insurerl to pay damages in respect thereof, the employee 19 n''?"!,*^'"' 

4 may at his option proceed either at law against that person to recover !9V3f448. 

5 damages or against the insurer for compensation under this chapter, but JjJ^m^^"^' Ig^ 

6 not against both. If compensation be paid under this chapter, the 219 Mass. 420, 

7 insurer may enforce, in the name of the employee or in its own name and 222Mass. see. 

8 for its own benefit, the liability of such other person; and in case the 229 Mass! 3.35! 

9 insurer recovers a sum greater than that paid by it to the emplo\-ee, four 242 .Mass. lie'. 

10 fifths of the excess shall be paid to the employee; but the insurer shall itsMass. ses. 

11 not make any settlement by agreement with such other person without o44Ma3s 195 

12 the approval of the industrial accident board. An emplovee shall not 3i7. 

. , , , , . I , . . , , . . . 254 Mass. 359. 

Li be held to have exercised his option under this section to proceed at 253 Mass. eos. 

14 law if, at any time prior to trial of an action at law brought by him 5.31. 

15 against such other person, he shall, after notice to the insurer, di.scon- 272 Mass.' 448.' 

16 tinue such action, provided that upon payment of compensation follow- 

17 ing such discontinuance the insurer shall not have lost its right to en- 

18 force the liability of such other person as hereinbefore pro\ided. 

1 Section 15A. If one or more claims are filed for an injury and two Payment of 

2 or more insurers, any one of which may be held to be liable to pay com- Tnre'r'tain '°° 

3 pensation therefor, agree that the injured employee would be entitled jJltionV""' 

4 to receive such compensation but for the existence of a controversy as coatr"er3y°a3 

5 to which of said insurers is liable to pav the same, such one of said in- '" «hich of 

I 1 1 I • 1 two or more 

6 surers as they may mutually agree upon or as may be selected by a single insurers is 

7 member of the board shall pay to the injured employee the compensation 1931, 143. 

8 aforesaid, pending a final decision of the board as to the matter in con- 

9 troversy, and such decision shall require that the amount of compen- 

10 sation so paid shall be deducted from the award if made against another 

11 insurer and be paid by said other insurer to the insurer agreed upon or 

12 selected by the single member as aforesaid. 

1 Section 10. Questions arising unfler this chapter, if not settled by Decision of 

2 agreement by the parties interested therein, shall, except as otherwise Enforcement. 

3 provided in this chapter, be determined by the department. The de- {n.^j^il'' 

4 cisions of the department shall for all purposes be enforceable under 23i"iS' 142'' 

5 section eleven. 

1 Section 17. Orders or decisions of the reviewing board or depart- Decision of 

rt 1 PI • ^ T ^ • • e department, 

2 ment, decrees of the superior court upon such orders, decisions 01 a etc.. not 

3 member of the department from which no claim for review has l)een by appeal. 



1916 



WORKMEN S COMPENSATION. 



[Chap. 152. 



1915. 132. 
225 Mass. 30. 
230 Mass. 583. 



filed within the time allowed therefor, or memoranda of agreements 4 

approved by the department shall have effect, notwithstanding an 5 

appeal, until it is otherwise ordered by a justice of the supreme judicial 6 

court, who may in any county suspend or modify such decree, order or 7 

decision, during the pendency of the appeal. 8 



Independent 
contractor, 
etc. 

1911,751, 
III, § 17. 
218 Mass. 1. 

224 Mass. 571. 

225 Mass. 1. 

226 Mass. 1. 

228 Mass. 316. 

229 Mass. 193. 
573 

232'Mass. 456, 
458. 

233 Mass. 577. 

234 Mass. 330. 
242 Mass. 290. 
244 Mass. 195. 
248 Mass. 31. 
262 Mass. 133. 
270 Mass. 162. 



Section IS. If an insured person enters into a contract, wT-itten or 1 
oral, with an independent contractor to do such person's work, or if 2 
such a contractor enters into a contract with a sub-contractor to do all 3 
or any part of the work comprised in such contract with the insured, and 4 
the insurer would, if such work were executed by employees immediately 5 
employed by the insured, be liable to pay compensation under this 6 
chapter to those employees, the insurer shall pay to such employees 7 
any compensation which would be payable to them under this chapter 8 
if the independent or sub-contractors were insured persons. The insurer, 9 
however, shall be entitled to recover indemnity from any other person 10 
who would have been liable to such employees independently of this 11 
section; and if the insurer has paid compensation under this section, it 12 
may enforce, in the name of the employee or in its own name and for its 1.3 
benefit, the liability of such other person. This section shall not apply 14 
to any contract of an independent or sub-contractor which is merely 1.5 
ancillary and incidental to, and is no part of or process in, the trade or 16 
business carried on by the insured, nor to any case where the injury 17 
occurred elsewhere than on, in or about the premises on which the con- 18 
tractor has undertaken to execute the work for the insured or which are 19 



under the control or management of the insured. 



20 



Notice of in- 
juries to be 
given to de- 
partment. 
1911. 751, 
III. § 18. 
1913.746, § 1. 
217 Mass. 223. 
228 Mass. 31. 
231 Mass. .529. 
248 Mass. 559. 



Section 19. Every employer shall hereafter keep a record of all 1 
injuries, fatal or otherwise, received by his employees in the course of 2 
their employment. Within forty-eight hours, not counting Sundays and 3 
legal holidays, after the occurrence of an injury, a written report thereof 4 
shall be made to the department on blanks to be procured from it. Upon 5 
the termination of the disability of the injured employee, the employer 6 
shall make a supplemental report upon blanks to be procured from it. 7 
If the disability extends beyond a period of sixty days, the employer 8 
shall report to the department at the end of such period that the injured 9 
employee is still disabled, and upon the termination of the disability 10 
shall file a final supplemental report as provided above. 11 

The said reports shall contaiii the name and nature of the business of 12 
the employer, the situation of the establishment, the name, age, sex 13 
and occupation of the injured employee, and shall state the date and 14 
hour of any accident causing the injury, the nature and cause of the 15 
injury, and other information required by the department. 16 

Employers refusing or neglecting to make the report required by this 17 
section shall be punished by a fine of not more than fifty dollars. IS 

Copies of reports of injuries filed by employers with the department 19 
and statistics and data compiled therefrom shall be kept available by it, 20 
and shall be furnished on request to the department of labor and indus- 21 
tries for its own use. 22 

Within sixty days after the termination of the disability of the injured 2^ 
employee, the insurer shall file with the department a statement showing 24 
the total payments made or to be made for compensation and for medical 25 
services for such injured employee. 26 



Chap. 152.] workmen's compensation. 1917 

1 Section 20. Copies of hospital records kept in aeeordance with sec- Hospital 

2 tion seventy of chapter one hundred and eleven, certified hy the persons nSbfe''as 

3 in custody thereof to be true and complete, shall be admissible in evi- RenordTopen 

4 dence in proceedings before the department or any member thereof. „? d"Xr'tm°nt. 

5 The department or any member, before admitting any such vopy in Jg27;3Q9;5i 

6 evidence, may require the party offering the same to produce the orig- 

7 inal record. All medical records and reports of hospitals, clinics and 
8, physicians of the insurer or of the employee shall be open to the inspcc- 

9 tion of the department so far as relevant to any matter before it. 

1 Section 21. Every insured person shall, as soon as he secures a Notice to 

2 policy, give written or printed notice to all persons under contract of i9n,°75i!' 

:] hire with him that he has provided for payment to injured employees by 2I5 iuss. 220. 
4 the insurer. 

233 Mas3. 570. 244 Mass. 47. 258 Mass. 470. 

1 Section 22. Every insured person shall give written or printed notice same subject. 

2 to every person with whom he is about to enter into a contract of hire iv, §' 21. ' 

3 that he has provided for payment to injured employees by the insurer. oisVals! li^ 

4 An employer ceasing to be insured shall, on or before the day on which |^| ^^^^; j^°; 

5 his policy expires, give written or printed notice thereof to all persons I44 m||s. 47°' 

6 under contract with him. In case of the renewal of the policy no notice 258 Mass. 47b. 

7 shall be required. He shall file a copy of said notice with the depart- 

8 ment. The notices required by this and the preceding section may be 

9 given in the manner therein provided or in such other manner as may 
10 be approved by the department. 

1 Section 23. If an employee of an insured person files any claim Acceptance of 

2 with or accepts payment from the insurer on account of personal injury, by^e"mpioyee'^ ' 

3 or makes any agreement, or submits to a hearing before a member of the p'joyirfr'om" 

4 department under section eight, such action shall constitute a release to igjl'^'Vaif ' 

5 the insured of all claims or demands at law, if any, arising from the injury. '^'^ § i- 

244 Mass. 47. 262 Mass. 383. 

1 Section 24. An employee of an insured person shall be held to have Notice by 

2 waived his right of action at common law or under the law of any other retj'n^rilh^s 

3 jurisdiction in respect to an injury therein occurring, to recover damages faJ"""""" 

4 for personal injuries if he shall not have given his employer, at the time {'"^'j''^^- 

5 of his contract of hire, written notice that he claimed such right, or, if 1912. 666. | 2. 

6 the contract of hire was made before the employer became an insured 209 Mass! eoV. 

7 person, if the employee shall not have given the said notice within 219 Mass! 420! 

8 thirty days of notice of such insurance. An employee who has given Ml mHI'. 226. 

9 notice to his employer that he claimed his right of action as aforesaid 231 Mass! 313. 

10 may waive such claim by a written notice, which shall take effect five f^^ JJJass! Is"' 

11 days after it is delivered to the employer or his agent. The notices 240 Mass 421 

12 reauired bv this section shall be given in such manner as the department 243 Mass. 94. 

^ • 244 Mass. 47. 

13 may approve. 

256 Mass. 466. 258 Mass. 470. 262 Mass. 133. 267 .Mass. 208. 

1 Section 25. If an insured person who has complied with the rules. Payment of 

2 regulations and demands of the insurer is required by a judgment of a insurTd"' * 

3 court to pay to an employee any damages on account of personal injury iv"§22^' 

4 sustained by such employee during the period covered by insurance, the ^'* '^'^^^^- 346. 

5 insurer shall pay to the insured the full amount of such judgment and the 



1918 



WORKMEN S COMPENSATION. 



[Chap. 152. 



cost assessed therewith if the insured shall have given the insurer written 6 
notice of the bringing of the action in which the judgment was recov- 7 
ered and an opportunity to appear and defend the same. 8 



PAYMENTS. 



Payments. 
Presumption 
of employment. 
Extrater- 
ritoriality. 
1911,751, 
II, § 1. 
1927, 309, § 3. 

1930, 20.5. 

1931, 170. 

215 Mass. 497. 

216 Mass. 51, 
293 

217 Mass. 36, 
76, 223, 388. 

218 Mass. 1. 

219 Mass. 488, 

220 Mass. 17, 
526, 581. 

222 Mass. 1, 
98, 163, 487. 

223 Mass. 56, 
139 

224'Mas8. 554, 
558. 

225 Mass. 174, 
220. 

226 Mass. 591, 

227 Mass. 341, 
4.52. 

228 Mass. 57. 

229 Mass. 165, 
193, 407. 

230 Mass. 99, 
326, 429. 

235 Mass. 309, 
598. 

236 Mass. 241, 
342, 473, 542. 
258 Mass. 470. 
265 Mass. 497. 



Section 26. If an employee who has not given notice of his claim 1 
of common law rights of action, under section twenty-four, or who has 2 
given such notice and has waived the same, receives a personal injury .3 
arising out of and in the course of his employment, or arising out of an 4 
ordinary risk of the street while actually engaged, with his employer's 5 
authorization, in the business affairs or undertakings of his employer, 6 
and whether within or without the commonwealth, he shall be paid 7 
compensation by the insurer, as hereinafter provided, if his employer is 8 
an insured person at the time of the injury; provided, that as to an 9 
injury occurring without the commonwealth he has not given notice of 10 
his claim of rights of action under the laws of the jurisdiction wherein 11 
such injury occurs or has given such notice and has waived it. For the 12 
purposes of this section, any person while operating or using a motor or 13 
other vehicle, whether or not belonging to his employer, with his em- 14 
ployer's general authorization or approval, in the performance of work 15 
in connection with the business affairs or undertakings of his employer, 16 
and whether within or without the commonwealth, and any person who, 17 
while engaged in the usual course of his trade, business, profession or 18 
occupation, is ordered by an insured person, or by a person exercising 19 
superintendence on behalf of such insured person, to perform work 20 
which is not in the usual course of such trade, business, profession or 21 
occupation, and, while so performing such work, receives a personal 22 
injury, shall be conclusively presumed to be an employee. 23 

269 Mass. 399, 401, 490, 550. 270 Mass. 276. 



randucrby Section 27. If the employee is injured by reason of his serious and 1 

employee bars ^rjifui miscouduct, he shall not receive compensation. 2 

compensation. , , „„„ 

1911, 751, II, § 2. 218 Mass. 158. 223 Mass. 139. 260 Mass. 222. 



Wilful mis- 
conduct by 
employer. 
Double com- 
pensation. 

1911, 751, 
II, §3. 

1912, 571, § 1. 
218 Mass. 8. 
227 Mass. 55. 

230 Mass. 272. 

231 Mass. 132. 
236 Mass. 407. 



Section 28. If the employee is injured by reason of the serious and 
wilful misconduct of an insured person or of any person regularly intrusted 
with and exercising the powers of superintendence, the amounts of com- 
pensation hereinafter provided shall be doubled. In such case the insured 
shall repay to the insurer the extra compensation paid to the employee. 
If a claim is made under this section the insured may appear and defend 
against such claim only. 

247 Mass. 245. 251 Mass. 427. 260 Mass. 222. 



Waiting period. 
1911,751, 
II, §4. 
1916, 90. 

1923, 163. 

1924, 207. 
1927, 309, § 4. 
247 Mass. 427. 



Section 29. No compensation shall be paid for any injury which 
does not incapacitate the employee for a period of at least seven days 
from earning full wages, but if incapacity extends beyond such period, 
compensation shall begin on the eighth day after the injury, and if 
incapacity extends beyond a period of four weeks, compensation shall 
be paid from the day of injury, but except under section thirty-five no 
compensation shall he paid for any period for which any wages were 
earned. When compensation shall have begun it shall not be discon- 
tinued except with the written assent of the employee or the appro\'al 
of the department or a member thereof; provided, that such compen- 



1 

2 

3 
4 

5 
6 
7 
8 
9 
10 



Chap. 152.] workmen's compens.\tion. 1919 

11 sation shall be paid in accordance with section thirty-five if the emploj'ee 

12 in fact earns wages after the original agreement is filed. 

1 Section 30. During the first two weeks after the injury, and, if ^^^^^^l et,.. 

2 the employee is not immediately incapacitated thereby from earning full {j'j/^'' 

■3 wages, then from the time of such incapacity, and in unusual cases, or ^^u- 7o|. 5 1- 

4 cases requiring specialized or surgical treatment, in the discretion of 1920! 324! 

5 the department, for a longer period, the insurer shall furnish adequate 217 Mass! 589. 

6 and reasonable medical and hospital services, and medicines if needed, 223 MaSl til'. 

7 together with the expenses necessarily incidental to such services. The zil l\Hl] 25?: 

8 employee may select a physician other than the one pro\-ided by the ~9 .^lass. 302, 

9 insurer; and in case he shall be treated by a physician of his own selec- 240 Mass. its. 

10 tion, or where, in case of emergency or for other justifiable cause, a 24.5 Mass! 244! 

11 physician other than the one provided by the insurer is called in to treat 237 Mass! 267! 

12 the injured employee, the reasonable cost of his services shall be paid i62MSl!5if' 

13 by the insurer, subject to the approval of the department. Such ap- |g, ^^^^ ^^g_ 

14 proval shall be granted only if the department finds that the employee |^^ ^^33 441, 

15 was so treated by such physician or that there was such emergency or 270 Mass. 29. 

16 justifiable cause, and in all cases that the services were adequate and 

17 reasonable and the charges reasonable. In any case where the dcpart- 

18 ment is of opinion that the fitting of the employee with an artificial eye 

19 or limb, or other mechanical appliance, will promote his restoration to 

20 industry, it ma\' order that he be provided with such an artificial eye, 

21 limb or appliance, at the expense of the insurer. 

1 Section 31. If death results from the injurv, the insurer shall pay Death 

., , .... ,. I'll 1 payments. 

2 the followmg dependents of the employee, mcludmg his children by a 1911.751, 

3 former wife, wholly dependent upon his earnings for support at the time ig'u, 708. § 2. 

4 of his injury, compensation as follows, payable, except as hereinafter {gi?; 309; § e. 

5 provided, in the manner set forth in section thirty-two: 216°mms:386. 

6 To the widow, so long as she remains unmarried, ten dollars a week 217 Mass. 3. 

7 if and so long as there is no child of the employee, who is under the age 218 Mass. 278. 

8 of eighteen, or over said age and physically or mentally incapacitated 220 Mass! 526! 

9 from earning ; to or for the use of the widow and for the benefit of all iis Mass! isi'. 

10 children of the employee, twelve dollars a week if and so long as there IP Mass! 48?' 

11 is one such child, and two dollars more a week for each such additional I30 Mass. 152. 

12 child; provided, that in case any such child is a child by a former wife, ^|i ^,333 251. 

13 the death benefit shall be divided between the surviving wife and all 234 Mass. 5_^ 

14 living children of the deceased employee in equal shares, the surviving 247 .Mast 80. ' 

15 wife taking the same share as a child. If the widow dies, such amount 559 Mass! 209! 
1(1 or amounts as would have been payable to or for her own use and for legM^sisss. 

17 the benefit of all children of the employee shall be paid in equal shares to 

18 all the surviving children of the employee. If the widow remarries, all 

19 payments under the foregoing provisions shall terminate and the insurer 

20 shall pay each week to each of the children of the employee, if and so 

21 long as there are more than five, his or her proportionate share of eighteen 

22 dollars and shall pay each of such children, if and so long as there are 

23 five or less, three dollars a week. The total amount of payments under 

24 this section shall not be more than sixty-four hundred dollars and said 

25 payments shall not continue more than four hundred weeks. When 

26 weekly payments have been made to an injured employee before his 

27 death, compensation under the foregoing provisions of this section shall 

28 begin from the date of the death of the employee, but shall not amount 

29 to a total of more than sLxtj'-four hundred dollars, including such pay- 



1920 



WORKMEN S COMPENSATION. 



[Chap. 152. 



ments as were made to the injured employee before his death, and shall 30 
not continue for more than four hundred weeks, including weeks during 31 
M'hich payments were made to the injured employee before his death. 32 
In all other cases of total dependency, the insurer shall pay the de- 33 
pendents of the employee wholly dependent upon his earnings for sup- 34 
port at the time of the injury a weekly payment equal to two thirds of 35 
his average weekly wages, but not more than ten dollars nor less than 36 
four dollars a week for a period of five hundred weeks; but in no case 37 
shall the amount be more than four thousand dollars. If the employee 38 
leaves dependents only partially dependent upon his earnings for sup- 39 
port at the time of his injury, the insurer shall pay such dependents a 40 
weekly compensation equal to the same proportion of the weekly pay- 41 
ments for the benefit of persons wholly dependent as the amount con- 42 
tributed by the employee to such partial dependents bears to the annual 43 
earnings of the deceased at the time of his injury. When weekly pay- 44 
ments have been made to an injured employee before his death, the com- 45 
pensation under this paragraph to dependents shall begin from the date 46 
of the death of the employee, but shall not continue for more than five 47 
hundred weeks. 48 



Dependents. 
1911,761, 

JJ,',! ^4„<, . , to be whollv dependent for support upon a deceased emplovee 

1914, 708, § 3. "^ * 

1919, 204. 240 Mass. 136. 254 Mass. 460. 

1926, 190. 243 Mass. 528. 269 Mass. 267. 



Section 32. The following persons shall be conclusively presumed 1 



215 Mass. 497. 

216 Mass. 71. 

217 Mass. 79, 
467. 

219 Mass. 140. 

222 Mass. 563. 

223 Mass. 37S. 

224 Mass. 86, 
592. 



216 Mass. 71. 

217 Mass. 79, 
192 

22l'Mass. 105. 
225 Mass. 349. 

231 Mass. 144. 

232 Mass. 212. 
234 Mass. 5, 
152. 

236 Mass. 204. 
244 Mass. 47. 
247 Mass. 510. 
269 Mass. 267. 



234 Mass. 152. 

243 Mass. 5. 

244 Mass. 281. 
257 Mass. 3. 
259 Mass. 222. 



(a) A wife upon a husband with whom she lives at the time of his 
death, or from whom, at the time of his death, the department shall find 
the wife was living apart for justifiable cause or because he had deserted 
her. The findings of the department upon the questions of such justi- 
fiable cause and desertion shall be final. 



227 Mass. 456. 
229 Mass. 454, 521. 



230 Mass. 152. 
240 Mass. 449. 



269 Mass. 583. 



(b) A husband upon a wife with whom he lives at the time of her 
death. 

(c) Children under the age of eighteen years (or over said age, if 
physically or mentally incapacitated from earning) upon the parent 
with whom they are living at the time of the death of such parent, there 
being no surviving dependent parent; provided, that in case of the 
death of an employee who has at the time of his death living children by 
a former wife or husband, under the age of eighteen years (or over said 
age, if physically or mentally incapacitated from earning), said children 
shall be conclusively presumed to be wholly dependent for support upon 
such deceased employee, and the death benefit shall be divided between 
the surviving wife or husband and all the children of the deceased em- 
ployee in equal shares, the surviving wife or husband taking the same 
share as a child. The total sum due the surviving wife or husband and 
her or his own children shall be paid directly to the wife or husband for 
her or his own use and for the benefit of her or his owm children, and the 
sums due to the children by the former wife or husband of the deceased 
employee shall be paid to their guardians or legal representatives for 
the benefit of such children. 

(d) Children under the age of sixteen years (or over said age but 
physicallj' or mentally incapacitated from earning) upon a parent who 
was at the time of his death legally bound to support although living 
apart from such child or children. 



9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 



Chap. 152.] workmen's compensation. 1921 

31 (f) A parent upon an unmarried child under the age of eighteen 217 Mass. 467. 

32 vears; provided, that such child was living with the parent at the time 219 lilTa. iw! 

33 of the injury resulting in death. _ _ 222 Mass. 4oi. 

34 In all other cases questions of dependency, in whole or in part, shall ^|| fj^l Hf 

35 be determined in accordance with the fact as the fact may be at the '^7^ '^^f^^- *"''■ 

36 time of the injury; and in such other cases, if there is more than one i^?'^ '^'^'- |g. 

37 person wholly dependent the death benefit shall be divided equally 207 Ma^s! 208. 

38 among them, and persons partly dependent, if any, shall receive no part 

39 thereof, and if there is no one wholly dependent and more than one per- 

40 son partly dependent, the death benefit shall be divided among them 

41 according to the relative extent of their dependency. 

1 Section 33. In all cases the insurer shall pay the reasonable expense Funeral 

2 of burial, not exceeding one hundred and fifty dollars. If the employee i9ii?75i, 

3 leaves dependents, such sum shall be a part of the compensation pay- 1917,^269. 

4 able, and shall to that extent shorten the period of payment. 

1922, 368. 215 Mass. 497. 

1 Section 34. While the incapacity for work resulting from the injury Total in- 

2 is total, the insurer shall pay the injured employee a weekly compensa- i9ii"75i. 

3 tion equal to two thirds of his average weekly wages, but not more than Igu ^yos, § 4. 

4 eighteen dollars nor less than nine dollars a week, except that the weekly \l\l' l\l- ^ ^■ 

5 compensation of the injured employee shall be equal to his average J^'^' i^^. ^ 

6 weekly wages in case such wages are less than nine dollars; and the ^is Mass'. 96. 

7 period covered by such compensation shall not be greater than five hun- 218 Mass! si 

8 dred weeks nor the amount more than forty-five hundred dollars. 

219 Mass. 189. 4.30. 228 Mass. 334. 248 Mass. 60. 414. 
223 Mass. 273, 288. 229 .Mass. 325. 266 Mass. 323. 
227 Mass. 55. 244 Mass. 346. 270 Mass. 29. 

1 Section 35. While the incapacity for work resulting from the injury Partial in- 

2 is partial, the insurer shall pay the injured employee a weekly com- mi^ysi, 

3 pensation equal to two thirds of the difference between his average Igil.rog, § 5. 

4 weekly wages before the injury and the average weekly wages which \llf 203. ^ ^ 

5 he is able to earn thereafter, but not more than eighteen dollars a week; 217 Mass. 3. 

, ■ 1 11 1 \ f n 21* Mass. 8. 

6 and the amount 01 such compensation shall not be more than lorty-nve 219 Mass. 430. 

7 hundred dollars. 

220 Mass. 351. 242 Mass. 489. 248 Mass. 60. 
222 Mass. 461. 243 Mass. 236, 371. 264 Mass. 7. 
229 Mass. 325. 244 Mass. 346. 266 Mass. 323. 
235 Ma,ss. 408. 247 Mass. 137, 233. 268 Mass. 35. 50. 
239 Mass. 331. 

1 Section 36. In case of the following specified injuries the amounts Payments for 

2 hereinafter named shall be paid in addition to all other compensation: Tnluxies^^*''' ° 

1911. 751, ir, § 11. 1914, 70S. §6. 218 Mass. 8. 

1912,571,5 2. 1928.3.56. 240 Mass. 492. 

1913, 445; 696. 1930, 336. 248 Mass. 60. 

3 (a) For the loss by severance of both hands at or above the wrist, 

4 two thirds of the average weekly wages of the injured person, but not 

5 more than ten dollars nor less than four dollars a week for a period of 

6 one hundred and seventy-five weeks. 

7 (fc) For the reduction to twenty seventieths of normal vision in both 

8 eyes, with glasses, two thirds of the average weekly wages of the injured 

9 person, but not more than ten dollars nor less than four dollars a week 

10 for a period of one hundred and fifty weeks. 

11 (c) For the loss by severance of both feet at or above the ankle, two 2i8Ma33. a. 

12 thirds of the average weekly wages of the injured person, but not more 



226 Mass. 131. 
228 Mass. 211. 



O 



1922 workmen's compensation. [Ch.\p. 152. 

than ten dollars nor less than four dollars a week for a period of one 13 
hundred weeks. 14 

(f/) For the loss by severance of the right or major hand at or above 15 
the wrist, two thirds of the average weekly wages of the injured person, 16 
but not more than ten dollars nor less than four dollars a week for a 17 
period of seventy-five weeks. 18 

251 Mass. 397. ^^^ ^oT the loss by Severance of the left or minor hand at or above the 19 
wrist, or of either foot at or above the ankle, two thirds of the average 20 
weekly wages of the injured person, but not more than ten dollars nor 21 
less than four dollars a week for a period of fifty weeks. 22 

(/) For the reduction to twenty seventieths of normal vision in either 2.3 
eye, with glasses, two thirds of the average weekly wages of the injured 24 
person, but not more than ten dollars nor less than four dollars a week 25 
for a period of fifty weeks. 26 

ig) For the loss by se\'erance at or above the second joint of the 27 
thumb of the right or major hand, two thirds of the average weekly 28 
wages of the injured person, but not more than ten dollars nor less than 29 
four dollars a week for a period of forty weeks. 30 

217 Mass. 3. (/,j ^oT the loss by severance at or above the second joint of the index 31 

finger of the right or major hand, two thirds of the average weekly wages 3: 
of the injured person, but not more than ten dollars nor less than four 33 
dollars a week for a period of twenty weeks. 34 

(0 For the loss by severance of one phalange of the thumb of the 35 
right or major hand, two thirds of the average weekly wages of the 36 
injured person, but not more than ten dollars nor less than four dollars 37 
a week for a period of twenty weeks. 38 

(j) For the loss by severance at or above the second joint of two or 39 
more fingers of the same hand which, in the case of the left or minor 40 
hand, may include the thumb, or of two or more toes of the same foot, 41 
two thirds of the average v.-eekly wages of the injured person, but not 42 
more than ten dollars nor less than four dollars a week for a period of 43 
twenty-five weeks, for each hand or foot so injured, but no compensa- 44 
tion shall be payable under this paragraph on account of injury to the 45 
right or major hand in case one or more phalanges of the thumb of that 46 
hand or two or more phalanges of the index finger of that hand are lost 47 
by severance. 48 

217 Mass. 511. (/;-) for the loss by severance of the terminal phalange or phalanges 49 
of any finger or fingers, not exceeding three on the same hand, which 50 
for the purposes hereof may include the thumb of the left or minor hand 51 
but not of the right or major hand, two thirds of the average weekly 52 
wages of the injured person, but not more than ten dollars nor less than 53 
four dollars a week for a period of twelve weeks in case of the loss by 54 
severance of one such terminal phalange, or for a period of twenty-two 55 
weeks in case of the loss as afore^said of two such terminal phalanges on 56 
the same hand, or for a period of thirty weeks in case of the loss as afore- 57 
said of three or more such terminal phalanges on the same hand; pro- 58 
vided, that no compensation shall be payable under this paragraph for 59 
the loss by severance of any phalange for the loss of which compensation 60 
is payable under any other- paragraph of this section, and provided, 61 
further, that compensation shall be payable under this paragraph on 62 
acct>unt of injury to one hand only for such number of weeks as, together 63 
with the number of weeks during which compensation is payable under 64 
any other paragraph of this section for injury to the same hand, will 65 



Chap. 152.] workmen's compensation. 1923 

6t) not e.xcecd forty-seven in tlie case of the left or minor liand or seventy- 

67 two in the case of the right or major hand. 

68 (kyi) For the loss by severance of at least one phalange of any toe, 

69 two thirds of the average weekly wages of the injured person, hut not 

70 more than ten dollars nor less than four dollars a week for a period of 

71 twelve weeks, for each foot so injured. 

72 (/) The additional amounts provided for in this section in case of the 217 Mass. 511. 

73 loss of a particular hand, foot, thumb, finger, toe or phalange shall also 221 m^s:54.' 

74 be paid for the number of weeks above specified if the injury is such 'iU m^s! 269! 

75 that that hand, foot, thumb, finger, toe or phalange is not lost but so ^^' Mass. 397. 

76 injured as to be permanently incapable of use. 

1 Section 37. WJienever an employee who has previously suffered a Method of 

2 personal injury resulting in the loss by se\'erance, or the permanent peSaYn-'"^ 

3 incapacity, of one hand at or above the wrist or one foot at or above the I'oH'i-zTi. 5 2. 

4 ankle, or the reduction to twenty seventieths of normal vision of one f^i*^^- 

5 eye with glasses, incurs further disability by the loss or permanent 247 Mass. 427. 

6 incapacity of a hand or foot or the reduction to twenty seventieths of 

7 normal vision in an eye, by reason of a personal injury for which com- 
S pensation is required by this chapter, he, or his dependent, if death results 

9 from the injury, shall be paid the compensation provided for by sections 

10 thirty-one, thirty-two, thirty-four or thirty-five, in the following manner: 

11 One half of such compensation shall be paid by the state treasurer 

12 from the fund established by section si.xty-five, and the other half by 

13 the insurer, but the additional compensation required by section thirty- 

14 six shall be paid by the insurer. 

1 Section 38. No savings or insurance of the injured employee inde- Savings, etc.. 

2 pendent of this chapter shall be considered in determining the com- deducted. 

3 pensation payable thereunder, nor shall benefits derived from any other n, §'12. ' 

4 source than the insurer be considered in such determination. '^-^ "^'*^* *^^' 

247 Mass. 233. 

1 Section 39. The compensation payable in case of the death of the Payments in 

2 injured employee shall be paid to his legal representative; or, if he has 1911,751, 

3 no legal representative, to his dependents; or, if he leaves no depend- 1914.708, 57. 

4 ents, to the persons to whom payment of the expenses for the last sick- |j^ ^J^^^ f^; 

5 ness and burial is due. If payment is made to the legal representative 231 Mass. 399. 

6 of the deceased employee, it shall be paid by him to the dependents or 

7 other persons entitled thereto under this chapter. When the appoint- 

8 ment of a legal representative of a deceased employee, not otherwise 

9 necessary, is required to comply with this chapter, the insurer shall fur- 

10 nish or pay for legal services rendered in connection with the appoint- 

11 ment of such representative, or in connection with his duties, and shall 

12 pay the necessary disbursements for such appointment, the necessary 

13 expenses of such representative and reasonable compensation to him for 

14 time necessarily spent in complying therewith. Said pajTnents shall be 

15 in addition to sums paid for compensation. 

1 Section 40. If an injured employee is mentally incompetent or is a Guardian, 

2 minor when any right or privilege accrues to him, his guardian or next ci.iim rights. 

3 friend may in his behalf claim and exercise such right or privilege. n. 514. ' 

233 Mass. 570. 



1924 



WORKMEN S COMPENSATION. 



[Ch.\p. 152. 



Notice and 
claim. 
1911, 751, 
II, § M. 
1929. 326, § 2. 
217 Mass. 223. 

222 Mass. 434. 

223 Mass. 346, 
378. 

225 Mass. 203. 

226 Mass. 131. 

227 Mass. 456, 
470. 

228 Mass. 31, 
213. 

231 Mass. 225, 
469. 



Section 41. No proceedings for compensation for an injury shall be 1 

maintained unless a notice thereof shall have been given to the insurer 2 

or insured as soon as practicable after the happening thereof, and unless 3 

the claim for compensation with respect to such injury has been made 4 

within six months after its occurrence, or, in. case of the death of the 5 

employee, or in the event of his physical or mental incapacity, within 6 

six months after death or the removal of such incapacity, or, in case an 7 

action against a third person is discontinued as provided in section 8 

fifteen, within thirty days after such discontinuance. 9 



243 Mass. 168, 366. 

244 Mass. 346. 



249 Mass. 173. 
259 Mass. 350. 



269 Mass. 102. 
273 Mass. 453. 



Form of 
notice. 

1911, 751, 
II, § 16. 

1912, 172; 
571, § 3. 

217 Mass. 223. 
222 Mass. 434. 
226 Mass. 60. 
231 Mass. 225. 

243 Mass. 166. 

244 Mass. 346. 
259 Mass. 350. 
269 Mass. 102. 



Section 42. The said notice shall be in writing, and shall state in 1 

ordinary language the time, place and cause of the injury, and shall be 2 

signed by the person injured, or, in case of his death, by his legal repre- 3 

sentative, or by a person to whom payments may be due under this 4 

chapter, or by a person in behalf of any one of them. Any form of written 5 

communication signed by a person who may give the notice as above 6 

provided, containing the information that the person has been so in- 7 

jured, giving the time, place and cause of the injury, shall be considered 8 

a sufficient notice. 9 



Service of 
notice. 
1911, 751, 
II, § 17. 
217 Mass. 223. 
222 Mass. 434. 
244 Mass. 346. 
259 Mass. 3.50. 
269 Mass. 102. 



Section 43. The notice shall be served upon the insurer or an officer 1 

or agent thereof, or upon the insured, or upon one insured person if there 2 

is more than one, or upon any officer or agent of a corporation if the 3 

insured is a corporation, by delivering it to the person on whom it is to 4 

be served, or leaving it at his residence or place of business, or by sending 5 

it by registered mail addressed to the person on whom it is to be served, 6 

at his last known residence or place of business. 7 



etc. 



Notice not 
invalid for 
inaccuracy, 
1911, 751, 
II, § 18. 
1920, 223, § 1. 
217 Mass. 223. 

222 Mass. 434. 

223 Mass. 342. 

226 Mass. 60. 

227 Mass. 470. 

228 Mass. 31. 
232 Mass. 181. 



Section 44. Such notice shall not be held invalid or insufficient 1 

by reason of any inaccuracy in stating the time, place or cause of the 2 

injury unless it is shown that it was the intention to mislead and that 3 

the insurer was in fact misled thereby. Want of notice shall not bar 4 

proceedings, if it be shown that the insurer, insured or agent had knowl- 5 

edge of the injury, or if it is found that the insurer was not prejudiced 6 

by such want of notice. 7 

237 Mass. 115, 340. 243 Mass. 166, 366, 371. 259 Mass. 350. 



241 Mass. 36. 



244 Mass. 346. 



266 Mass. 153. 



Examination 
by insurer's 
physician. 

1911, 751, 
II. § 19. 

1912. 571, § 4. 
1921, 310. 
215 Mass. 480. 
244 Mass. 346. 
270 Mass. 368. 



Section 45. After an employee has received an injury, and from 1 

time to time thereafter during the continuance of his disability he shall, 2 

if requested by the insurer or insured, submit to an examination by a regis- 3 

tered physician, furnished and paid for by the insurer or the insured. The 4 

employee may have a physician provided and paid for by himself present 5 

at the examination. If a physician provided by the employee is not 6 

present at the eJiamination, it shall be the duty of the insurer to file 7 

with the department a copy of the report of its examining physician or 8 

physicians if and when such report is to be used as the basis of any order 9 

by the department. If the employee refuses to submit to the examina- 10 

tion or in any way obstructs it, his right to compensation shall be sus- 11 

pended, and his compensation during the period of suspension may be 12 

forfeited. 13 



CuAP. 152.] workmen's compensation. 1925 

1 Section 46. No agreement by any employee to waive his rights to waiver of 

2 compensation shall be valid, but an employee who is for any reason compensation 

3 peculiarly suscei)tible to injury or who is peculiarly likely to_ become iglf.jli; 

4 permanently or totally incapacitated by an injury may, at the discretion i^av, m9, 5 9. 

5 of the department and with its written approval within one month of 215 Mass. 480. 

6 the beginning of his employment, waive his rights to compensation 

7 under sections thirty-four, thirty-five and thirty-six, or any of them. 

1 Section 47. No payment shall be assignable or subject to attach- ^J'J'^^^^J'"* 

2 ment, or be liable in any way for debts. 

1911,751, II, §21. 

1 Section 4S. Whenever the department deems it to be for the best Lump sums in 

i ,_^x^^ix^ , - , . 1 , 11 .• -u lieu of weekly 

2 interests of the employee or his dependents, and the parties agree, tne payments. 
;i liability for compensation may be redeemed by the payment in whole 11, §'22 ' 

4 or in part by the insurer of a lump sum of an amount to be fixed by the J^^^; ^09] 1 10. 

5 department! not exceeding the amount provided by this chapter. The Hff^^- 444. 

6 department, in the case of a minor who has received permanently dis- 23om^^«;|oo- 

7 abling injuries, either partial or total, may, at any time before or after 257 Mass. 532. 

8 he attains his majority, provide that he be compensated in whole or in 

9 part by the payment of a lump sum, of an amount to be fixed by the 
10 department, not exceeding the amount provided by this chapter. 

1 Section 49. The claim for compensation shall be in writing, and fcj^l^syi. 5 5. 

2 shall state the time, place, cause and nature of the injury. It shall be i9is. iis- ^ ^ 

3 signed by the person injured, or, in the event of his death, by his legal i-J^s^i^^s'. ^^^' 

4 representative, or by a person to whom payments may be due, or by a 346/378. 

5 person in behalf of any of them, and shall be filed with the department. 226 Mass: isi! 

6 A claim for compensation shall not be held invalid or insufficient by 22? Mass. 456. 

7 reason of any inaccuracy in stating the time, place, cause or nature of 228 Mass. 213. 

8 the injury unless it is shown that it was the intention to mislead and 231 Mass. 469. 

9 that the insurer was in fact misled thereby. Failure to make a claim 243 Mass! 371! 

10 within the time fixed by section forty-one shall not bar proceedings under 254 uZl'. tso. 

1 1 this chapter if it is found that it was occasioned by mistake or other "'^ '^''"°- *^^- 

12 reasonable cause, or if it is found that the insurer was not prejudiced 

13 by the delay. In no case shall failure to make a claim bar proceedings 

14 if the insurer has executed an agreement in regard to compensation 

15 with the employee or made any payment for compensation under this 

16 chapter. 

1 Section 50. Whenever any question involving the compensation of ]5°'^;^Yed'° 

2 an injured employee or his dependents is appealed to the supreme judi- 'i^i'^yos, §i4. 

3 cial court, and the decision is in favor of the employee or his depend- 

4 ents, interest to the date of payment shall be paid by the insurer on all 

5 sums due as compensation to such employee or dependents. 

1 Section 51. \Vhenever an employee is injured under circumstances Compensation 

2 entitling him to compensation, if it be established that the injured em- °mp\oy^e. 

3 ployee was of such age and experience when injured that, under natural 228' Mass! 334. 

4 conditions, his wages would be expected to increase, that fact may be con- '■^ j^}^^; ^5^; 

5 sidered in determining his weekly wages. 



1926 



WORKMEN S COMPENSATION. 



[Chap. 152. 



INSURANCE COMPANIES. 



Insurance 
companies 
1911, 751, 
V. §3 
19 ' 



Section ,52. Any insurance company authorized to transact business 1 

in this commonwealth under subdivision (6) or (e) of the sixth clause of 2 

12. 571, § 17; section forty-seven of chapter one hundred and seventy-five may, except .3 



1925, 267, § 14. as provided in clause (c) of section fifty-four of said chapter, insure the 
309, Til' ' payment of the compensation provided for by this chapter, and when 
231 Maas! 313. any such company insures the payment of such compensation it shall 
4 0p. A. G. 29. gjg ^^.-^^^ ^j^g commissioner of insurance its classifications of risks and 



premiums relating thereto and subsequent proposed classifications or 
premiums, which shall not take effect until approved by the commis- 
sioner of insurance as adequate and reasonable for the risks to which 10 
they respectively apply; provided, that upon petition of the company 11 
or of any other party aggrieved the opinion of the commissioner shall be 12 
subject to review by the supreme judicial court. The commissioner 1.3 
may withdraw his approval. 14 



Mutual 
companies. 
1911, 751, IV, 
§§ 13, 16, 17. 
1916,200, § 1. 



Section 53. Any mutual liability insurance company authorized to 
do business in this commonwealth may with the approval of the commis- 
sioner of insurance distribute its risks into groups in accordance with 
the nature of the business and the degree of the liability of injury and 
with like appro\'al fix by and for such groups in accordance with the 
experience of each group all premiums, assessments and dividends; but 
all the funds of the company both actual and contingent shall be avail- 
able for the payment of any claim against the company. 



Section 54. [Repealed, 1923, 1.39, § 1.] 



1 



Approval by 

commissioner 
of insurance. 
Effect of 
policy issued 
without such 
approval. 
1907, 576, § 29. 
1915, 287, § 2. 
1920, 150. 
1923, 139, § 2. 



Section 55. No policy of workmen's compensation insurance shall 1 
be issued or delivered until a copy thereof has been filed with the com- 2 
missioner of insurance at least thirty days prior to such issue or delivery, 3 
unless before the expiration of the thirty days the said commissioner 4 
shall have approved the form of the policy in writing, nor if the com- 5 
missioner notifies the company in writing that in his opinion the form of 6 
said policy does not comply with the laws of the commonwealth, specify- 7 
ing the reasons for his opinion; provided, that upon petition of the 8 
company the opinion of the commissioner shall be subject to review by 9 
the supreme judicial court. 10 

Any policy of insurance issued in violation of this section or of sec- 11 
tion fifty-six or sixty shall be valid and binding upon the company 12 
issuing it, and the rights, duties and obligations of the parties thereto 13 
shall be determined by this chapter and chapter one hundred and 14 
seventy-five. 15 



Joint and 
several 
policies. 
1918, 216. 



Section 56. Two or more insurance companies authorized to issue 1 

such insurance policies in the commonwealth may unite in issuing joint 2 

and several workmen's compensation policies which may be headed by 3 

the names of all such companies. Such policies shall be subject to ap- 4 

proval by the commissioner of insurance. 5 



Deposit by 

domestic 
insurance 



Section 57. The commissioner of insurance may, whenever he deems 1 
it expedient, by a written order in such form as he may prescribe, require 2 



Chap. 152.] workmen's compensation. 1927 

3 a domestic insurance company to deposit with the state treasurer the company of 

,. '_. - . r*!' 'li I'll vsluc oi cpr- 

4 present value, as computed by hun under section titty-eignt, ot all or any tain outstand- 

5 part of its outstanding claims incurred under its contracts or policies i9l9,'226!§ i. 

6 providing for the payment of benefits under this chapter, in cash or in '^^°- ^^®' ^ '• 

7 securities approved by the said commissioner, and he may, whenever he 

8 deems it expedient, require the company, as aforesaid, to make an addi- 

9 tional deposit. The order shall specify the amount to be deposited and 

10 the time within which the deposit shall be made, which shall be not less 

11 than three days from the date on which the company receives the said 

12 order. A duplicate or copy of any such order shall be forthwith filed 
1.3 by the said commissioner with the state treasurer and the department, 

14 and the state treasurer, upon the expiration of the time specified in .said 

15 order, shall forthwith notify the commissioner in writing whether or not 

16 the company has made the deposit in accordance therewith. 

17 Nothing in this section shall affect the powers conferred on the com- Proviso. 

18 missioner of insurance by section sLx of chapter one hundred and seventy- 

19 five. 



1 Section 58. The commissioner of insurance shall compute the pres- Commissioner 

2 ent value of outstanding claims on the basis of information furnished by yaiu"""" " 

3 the department, and shall assume a rate of interest not higher than four '"" 

4 per cent. 



1919. 226, § 2. 



1 Section 59. The state treasurer shall hold any deposit made under Duties of state 

2 section fifty-seven in trust for the payment of claims for benefits under such deposits. 

3 this chapter, including claims accruing after the deposit was made, and c'L-fed'oV' 

4 he shall make such payments upon the written request and under the J^^gJ lll_ | ^^■ 

5 direction of the department, or he may, if the comptmy so requests in 

6 writing, transfer from time to time to a trustee appointed by the com- 

7 pany and approved by the department, any part of any such deposit 

8 made with him, reasonably necessary for the prompt payment of said 

9 benefits, and the trustee shall make such payments in accordance with 

10 the written directions of the department. 

11 The state treasurer shall keep a separate account with the company 

12 of the amount so received, the amount of interest earned thereon and 

13 the payments made. If the amount deposited proves to be larger than 

14 required, portions thereof may, from time to time, be refunded to the 

15 company by the state treasurer or by such trustee, if any, subject to the 

16 written approval of the commissioner of insurance and the department. 

17 If any balance remains after the payment of all benefits due to claim- 

18 ants under this chapter, the state treasurer or such trustee, if any, shall 

19 return the balance to the company upon written notice from the de- 

20 partment that there is no likelihood of further payments becoming due 

21 on account of such claims. 

1 Section 60. The appointment of a receiver of a domestic company AppmMment 

2 under section six of chapter one hundred and seventy-five shall not effect: duties 

3 affect any order of the said commissioner or deposit made under section 1930, i29?1 2. 

4 fifty-seven prior to such appointment, and the state treasurer or trustee 

5 appointed and approved as provided in section fifty-nine shall retain 

6 any deposit made with him as provided in section fifty-seven or fifty- 



1928 



WORKMEN S COMPENSATION. 



[ClLiP. 152. 



nine and make the payments therefrom as provided in section fifty-nine. 7 
If a receiver is so appointed prior to compliance by the company with 8 
any such order, he shall, as soon as may be after his appointment, make 9 
the deposit required by said order, if the assets of the company in his 10 
hands are sufficient therefor. 11 



Review by 
supreme judi- 
cial court. 
1930, 129, 5 2. 



Section 60A. Any company, aggrieved by any order of the said 1 
commissioner made under section fifty-seven may, within five days from 2 
the date of its receipt, file a petition in the supreme judicial court for the 3 
county of Sufi'olk for a review thereof; but the filing of such a petition 4 
shall not suspend the operation of the order. The court shall sum- 5 
marily hear the petition and may make any appropriate order or decree. 6 
If the court shall order or decree that the amount of the deposit be 7 
reduced, the state treasurer or such trustee, if any, shall return to the 8 
company so much of the deposit as exceeds the amount fixed by the order 9 
or decree, or, if the company has not complied with the order of the said 10 
commissioner, it shall forthwith deposit with the state treasurer the 11 
amount so fixed. 12 



Expenses of 
custody of 
deposit. 
1919, 226, 5 3. 
G. L. (ed. of 
1920) 1.52. § 59. 
1930, 129, § 2. 



Section 60B. A company making a deposit under section fifty-seven 1 

shall pay to the state treasurer a reasonable amount for the expenses of 2 

his office, attributable to the custody and disbursement of the deposit. .3 

Any such amount may, upon written application of the state treasurer, 4 

and, after written notice to the company and a hearing, be determined 5 

by the commissioner of insurance, and, with the written approval of the 6 

said commissioner, be deducted from any funds of the company on de- 7 

posit with the state treasurer. 8 



Shl^Tti" Section 60C. Failure of a company to comply with any lawful order 

comply with pf ^j^g commissioucr of insurance under section fiftv-seven shall, without 

order of com- <, ^ • i i • i • • • -x ^L "x j. 

missioner under any f urthcr actiou by the said commissioner, terminate its authority to 
' "' ■ issue policies of workmen's compensation insurance, and in such a case 
the company shall issue no such policies thereunder until it complies 
with such order and has received from said commissioner, as evidence of 
such compliance, a special certificate authorizing it to resume the issue 
of such policies. The commissioner may, in his discretion, refuse to 
issue such a certificate. 



1919, 226, § 4. 
G. L. (ed. of 
1920) 152, § 60 
1930, 129, § 2. 



Additional 
penalties for 
violations of 
§ 57, etc. 
Jurisdiction 
of supreme 
judicial court. 
1930, 129, § 2. 



Section 60D. Any company failing to comply with any lawful order 
of the commissioner under section fifty-seven shall, in addition, forfeit 
one hundred dollars for each day of its default. Any forfeiture recov- 
ered under this section shall be paid to the state treasurer and shall be 
held and expended by him in like manner as a deposit made under said 
section fifty-seven. Any company issuing any policy of workmen's 
compensation insurance while in default of such compliance shall be 
punished by a fine of not less than one hundred nor more than one thou- 8 
sand dollars, and any officer or agent thereof issuing any such policy on 9 
the company's behalf during such default shall be punished by such 10 
fine or by imprisonment for not more than three months, or both. 11 

The supreme judicial court for the county of Sufi'olk shall have juris- 12 
diction in equity, upon an information filed by the attorney general at 13 



CiL'i.p. 152.] workmen's compensation. 1929 

14 the relation of the commissioner of insurance, to enforce compHance with 

15 any order of the commissioner made under section fifty-seven, and the 

16 payment of any fine, forfeiture or penalty prescribed by this section. 



1 Section fil. Every foreiirn insurance company transacting the busi- Bond of 

2 ness of workmen's compensation insurance in the commonwealth shall mmp^ay. 

3 furnish a bond running to the commonwealth, with some surety com- \l\l] H^' ^ ^' 

4 pany authorized to transact business in the commonwealth as surety, 

5 foi" such term and such amount and in such form as may be approved 

6 by the commissioner of insurance, the bond being conditioned upon the 

7 making of the deposits required by the following section. The annual 

8 license of such a company shall not be issued or renewed until it has filed 

9 with the commissioner a bond as aforesaid covering a future period at 

10 least as long as that covered by the license. In place of a bond as afore- 

11 said the company may furnish other security, upon a like condition, sat- 

12 isfactory to the commissioner. 

1 Section 62. Every such foreign insurance company shall, within five Foreign 

2 days after its withdrawal from the transaction of business in the com- ceaSmgto''do 

3 monwealth or after the revocation of its license issued by the commis- igisl'^iss, § i. 

4 sioner of insurance or of his refusal to renew it, deposit with a trustee ^''^ ^^'^ ^®*' 

5 to be named by the department an amount equal to twenty-five per cent 

6 of its obligations incurred or to be incurred under workmen's compen- 

7 sation policies issued to employers in the commonwealth; and within 

8 thirty days after such withdrawal, revocation of or refusal to renew a 

9 license, such company shall deposit with said trustee an amount equal 

10 to the remainder of such obligations incurred or to be incurred, the 

11 amount of which obligations shall be determined by the department. 

12 The amounts so deposited shall be available for the payment of the said 

13 obligations of the company to the same extent as if the company had 

14 continued to transact business in the commonwealth, and the trustee 

15 so receiving said deposits shall pay such obligations at the times and in 

16 a manner satisfactory to the department. 

1 Section 63. Insurance companies insuring employees under this iaf9rmation 

2 chapter shall, at the request of the department, furnish it in writing any compa'ifiea on 

3 information required in connection with the administration by said departm°ent''° 

4 department of this chapter, including any statistics and the names of ^^^*' ''°*' ^ ^^• 

5 all employers insured by them. 

1 Section 64. The insurer shall make and enforce reasonable rules and ,^gi"r''^ 

2 regulations for the prevention of injuries on the premises of insured per- {y^'j i|'' 

3 sons, and for this purpose inspectors of the insurer shall have free access isia. 35b. § 69. 

. ,, , .''.'. I ■ u T J 215 Mas3. 480. 

4 to all such premises durmg regular working hours. Insured persons or 

5 employees thereof aggrieved by such rules or regulations may petition 

6 the department of labor and industries for a review, and it may affirm, 

7 amend or annul the rule or regulation. 

1 Section 65. For every case of personal injury resulting in death Special fund 

2 covered by this chapter, when there are no dependents, the insurance p°ayment3° 

3 company shall pay into the treasury of the commonwealth one hundred '®'^' ^'"' ^ ^' 



1930 



WORKMEN S COMPENSATION. 



[ClL^P. 152. 



dollars. Such payments shall constitute a special fund in the custody of 4 
the state treasurer who shall make payments therefrom upon the written 5 
order of the department for the purposes set forth in section thirty-seven. 6 



Modification 
of liability. 
1911. 751, 
I, i I. 

209 Mass. 607. 
215 Mass. 480. 

222 Mass. 65. 

223 Mass. 386. 

227 Mass. 237. 

228 Mass. 147. 
230 Mass. 309. 



MISCELLANEOUS PROVISIONS. 

Section 66. In an action to recover damages for personal injury 1 

sustained by an employee in the course of his employment, or for death 2 

resulting from personal injury so sustained, it shall not be a defence — 3 

1. That the employee was negligent; 4 

2. That the injury was caused by the negligence of a fellow employee; 5 

3. That the employee had assumed the risk of the injury. 6 



240 Mass. 262. 

242 Mass. 165. 

243 Mass. 536. 



253 Mass. 499. 
264 Mass. 312. 



265 Mass. 89. 
267 Mass. 5. 



Application SECTION 67. The preceding section shall not apply to actions to re- 

ceding Section, cover damages for personal injuries sustained by domestic servants and 
li'li^^s.' farm laborers, nor to actions for such injuries received by employees of 

209 Mass. 607. • J „ „ 

217 Mass. 5. au msurcd person. 

225 Mass. 220. 230 Mass. 102. 243 Mass. 536. 3 Op. A. G. 569. 



Application of 

certain other 

laws. 

1911, 751, 

I. § 4. 

1913, 807, § 4. 

225 Mass. 220. 

243 Mass. 94. 

244 Mass. 47. 



Section 68. Chapter one hundred and fifty-three and sections four 
and seven to ten, inclusive, of chapter two hundred and twenty-nine shall 
not apply to employees of an insured person, nor to laborers, workmen or 
mechanics employed by any county, city, town or district subject to 
sections sixty-nine to seventy-five, inclusive, while this chapter is in 
effect. 



Compensation 
by the com- 
monwealth, 
etc. Defini- 
tion of certain 
terms in 
§ §68-75. 
1913. 807, § 1. 
1924, 434. 
1927, 309, § 12. 
223 Mass. 270. 

226 Mass. 517. 

227 Mass. 44. 
232 Mass. 458. 
242 Mass. 290. 
271 Mass. 362. 
Op. A. G. 
(1917) 68. 



Section 69. The commonwealth and any county, city, towm or dis- 1 
trict having the power of taxation which has accepted chapter eight hun- 2 
dred and seven of the acts of nineteen hundred and thirteen shall pay to 3 
laborers, workmen and mechanics employed by it who receive injuries 4 
arising out of and in the course of their employment, or, in case of death 5 
resulting from such injury, to the persons entitled thereto, the com- 6 
pensation required by this chapter. Compensation payable under this 7 
chapter to an injured employee of the commonwealth who recei\es full 8 
maintenance in addition to his cash salary or wage, and compensation 9 
payable thereunder to his dependents in case of his death, shall be based 10 
upon his average weekly wages plus the sum of seven dollars per week 11 
in lieu of the full maintenance received by him. Sections seventy to 12 
seventy-five, inclusive, shall apply to the commonwealth and to any 13 
county, city, town or district having the power of taxation which has 14 
accepted said chapter eight hundred and seven. The terms laborers, 15 
workmen and mechanics, as used in sections sixty-eight to seventy-five, 16 
inclusive, shall include foremen, subforemen and inspectors of the com- 17 
monwealth or of any such county, city, towni or district, to such extent 18 
as the commonwealth or such county, city, town or district, acting 19 
respectively through the governor and council, county commissioners, 20 
city council or the cjualified voters in a town or district meeting, shall 21 
determine, as evidenced by a writmg filed with the department. 22 



Chap. 152.] workmen's compensation. 1931 

1 Section 70. Procedure under sections sixty-nine to seventy-five, in- Procedure. 

2 elusive, and the jurisdiction of the department shall be the same as under 242 Mass! 290. 

3 sections one to sixty-eight, inclusive, and the commonwealth or such 

4 county, city, tomi or district shall have the same rights in proceedings 

5 under said sections as the insurer. The state treasurer or the treasurer 

6 or officer having similar duties of such county, city, town or district shall 

7 pay compensation awarded for injury to persons in its employment upon 

8 proper vouchers without further authority. 

1 Section 71. Except as provided in the following section, such county, other 

2 city, town or district shall not be liable in any action for a personal injury exSude*d. 

■3 sustained by a laborer, workman or mechanic in the course of his employ- 22.3 mTss! 288. 

4 ment by such county, city, tomi or district, or for death resulting from ||^ ^^|J; ^J^- 

5 such injury. 

242 Mass. 290. 

1 Section 72. A laborer, workman or mechanic entering the service of ^ht7by^ 

2 such county, city, town or district who would, if injured, have a right ^!j;\P3'°g^f 54 

3 of action against the county, city, town or district by law, may claim 242 Mass'. 290. 

4 or waive his right of action as provided in section twenty-four, and shall 

5 be deemed to have waived such right of action unless he claims it. 

1 Section 73. Any person entitled to receive compensation as pro- Election 

2 vided by section sixty-nine from the commonwealth or from such county, penlafion and 

3 city, towTi or district, who is also entitled to a pension by reason of the m3,°807. 5 5. 

4 same injury, shall elect whether he will receive such compensation or -*- ^^^^^- ~^' 

5 such pension, and shall not receive both. If a person entitled to such 

6 compensation from the commonwealth or from such county, city, town 

7 or district receives by special act a pension for the same injury, he shall 

8 forfeit all claim for compensation; and any compensation received by him 

9 or paid by the commonwealth or by such county, city, towTi or district 

10 which employs him for medical or hospital services rendered to him may 

11 be recovered back in an action at law. No further payment shall be 

12 awarded by vote or otherwise to any person who has claimed and received 

13 compensation under sections sixty-nine to seventy-five, inclusive. 

1 Section 74. Sections sixty-nine to seventy-five, inclusive, shall ofPfl'^-??. 

2 apply to all laborers, workmen and