ACTS
RESOLVES
PASSED BY TFIE
€mtu\ (^mvi of gHasjiarlmsetts
IN THE TEAR
1937
TOGETHER WITH
TABLES SHOWING CHANGES IN THE STATUTES, ETC.
PUBLISHED BT THE
SECRETARY OF THE COMMONWEALTH
BOSTON
WRIGHT & POTTER PRINTING COMPANY
1937
ACTS AND RESOLVES
OF
MASSACHUSETTS 1937
BP The General Court, which was chosen November 3, 1936, assembled on Wednesday, the sixth day of January, 1937, for its first annual session.
The oaths of office were taken and subscribed by His Excellency Charles F. Hurley and His Honor Francis E. Kelly on Thursday, the seventh day of January, in the presence of the two Houses assembled in convention.
ACTS.
An Act providing for the continuance of the annual Chav. 1
LISTING OF MALE PERSONS SEVENTY YEARS OF AGE OR OLDER NOTWITHSTANDING THEIR EXEMPTION FROM PAY- MENT OF POLL TAXES.
Whereas, The deferred operation of this act would tend p™ambi"!^ to defeat its purpose, it is hereby declared to be an emer- gency law, necessary for the immediate preservation of the pubhc convenience.
Be it enacted hj the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. The first paragraph of section four of chap- g. l. (Ter. ter fifty-one of the General Laws, as most recently amended etc!, 'amended. by section one of chapter three hundred and forty-five of the acts of nineteen hundred and thirty-five, is hereby fur- ther amended by inserting after the word "tax" in the tenth fine the words: — , of every male inhabitant of the commonwealth seventy years of age or older, residing in their respective cities and towns, — so as to read as fol- lows : — The assessors, assistant assessors, or one or more of Assessors to
11 • T T-1 1 • • make lists
them shall annually in January or l"ebruary, visit every of male persons building in their respective cities and towns, and, after dili- ylars^orage^ gent inquiry, shall make true lists containing, as nearly as they can ascertain, the name, age, occupation, nationality if not a citizen of the United States, and residence on Janu- ary first in the preceding year and in the current year, of every male person twenty years of age or older, residing in their respective cities and towns, liable to be assessed for a poll tax, of every male inhabitant of the commonwealth seventy years of age or older, residing in their respective cities and towns, and of soldiers and sailors exempted from the payment of a poll tax under section five of chapter fifty-nine; and shall also make true lists containing the same facts relative to every woman twenty years of age or older residing in their respective cities and towns.
Section 2. Section eight of said chapter fifty-one, as g. l. (Ter. most recently amended by section seven of chapter two ^tl! 'amended. hundred and fifty-four of the acts of nineteen hundred and thirty-three, is hereby further amended by inserting after the word "if" in the fourth line the words: — a male resi- dent seventy years of age or older or, — so as to read as follows: — Section 8. If a male resident in a cit}'' or town. Assessment of except in one having a listing board, on January first was ^"^^^^^^ ^°^
4 Acts, 1937. — Chaps. 2, 3.
previously not Rssessed fop a poll tax, or if a male resident seventy years of age or older or an exempted soldier or sailor or a woman in such a city or town was not listed under section four, such person shall, in order to estabHsh his right to be assessed or listed, present to the assessors before the close of registration a sworn statement that he was on said day a resident of such city or town, and a sworn list of his polls and estate. If the assessors are satisfied that such state- ment is true, they shall assess or list him, as the case may be, and give him a certificate thereof.
Approved January I4, 1937.
Chap. 2 An Act placing under the civil service laws the
OFFICE OF chief OF POLICE OF THE TOWN OF TEWKS- BURY.
Be it enacted, etc., as follows:
Section 1. The office of chief of pofice of the town of Tewksbury shall, upon the effective date of this act, become subject to the civil service laws and rules and regulations relating to police officers in towns, and the tenure of office of any incumbent thereof shall be unlimited, subject, how- ever, to said laws, but the present incumbent of said office may continue to serve as such without taking a civil service examination.
Section 2. This act shall be submitted to the voters of said town at the annual town meeting in the current year in the form of the following question which shall be placed upon the official ballot to be used for the election of town officers at said meeting: — "Shall an act passed by the general court in the year nineteen hundred and thirty- seven, entitled 'An Act placing under the Civil Service Laws the Office of Chief of PoHce of the Town of Tewksbury', be accepted?" If a majority of the votes in answer to said question are in the affirmative, then this act shall there- upon take effect, but not otherwise.
Approved January 14, 1937.
Chap. 3 An Act authorizing the trustees of the essex county agricultural school to expend a certain sum of money toward the completion of an athletic field now being constructed thereat as a federal works progress administration project.
Be it enacted, etc., as follows:
Section 1. The trustees of the Essex County Agricultural School may expend a sum, not exceeding six thousand dollars, toward the completion of an athletic field now being con- structed at said school as a federal works progress administra- tion project, the said sum to be included in the appropriation of the current year for said school.
Section 2. This act shall take effect upon its passage.
Approved January 22, 1937.
Acts, 1937. — Chaps. 4, 5.
An Act extending the time within which towns may Chap. 4
APPROPRIATE MONEY FOR TEMPORARY EMERGENCY UNEM- PLOYMENT FUNDS.
Whereas, The deferred operation of this act would tend to Emergency defeat its purpose, therefore it is hereby declared to be an i^reambie. emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
The first paragraph of chapter ninety of the acts of nineteen hundred and thirty-five is hereby amended by striking out, in the second line, the words "and nineteen hundred and thirty-six" and inserting in place thereof the words: — to nineteen hundred and thirty-eight, inclusive, — so as to read as follows: — During the calendar years nineteen hundred and thirty-five to nineteen hundred and thirty- eight, inclusive, any town may by two thirds vote appropriate money to be set apart and administered as a general unem- ployment relief fund, for expenditure by or under the direction of the boards and officers in charge of town departments, subject to the approval of a board of administration consisting of such town officers ex officiis as the town shall by its vote determine, for the construction, improvement, or repair of public ways, public parks, sewerage and water supply sys- tems, municipal buildings and other municipal works or undertakings, whereby employment may be afforded citizens of the town who shall be determined, in such manner as the town shall by its vote prescribe, to be in need thereof, or for the purchase or hire of materials, supplies and equipment and the employment of labor for the furtherance of, or as the contribution of the town to, any federal unemployment relief project undertaken or to be undertaken within the town.
Approved January 22, 1937.
An Act placing under the civil service laws the office QJidy 5 OF chief of police of the town of medway. ^'
Be it enacted, etc., as follows:
Section 1. The office of chief of police of the town of Medway shall, upon the effective date of this act, become subject to the civil service laws and rules and regulations re- lating to police officers in towns, and the tenure of office of anj'- incumbent thereof shall be unhmited, subject, however, to such laws; provided, that Leo F. Cassidy, the present incumbent of said office, may continue to serve therein with- out taking a civil service examination.
Section 2, This act shall be submitted to the voters of said town at the annual town meeting in the current year in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: "Shall an act passed by the General
Acts, 1937. —Chaps. 6, 7.
Court in the year nineteen hundred and thirty-seven, en- titled 'An Act placing under the civil service laws the office of chief of police of the town of Medway ', be accepted? " If a majority of the votes in answer to said question are in the affirmative, then this act shall thereupon take effect, but not otherwise. Approved January 22, 1937.
ChCLV. 6 -^N ^^'^ 'TO PERMIT THE SCHOOL COMMITTEE OF THE TOWN OP DALTON TO RETIRE WITH AN ANNUAL PENSION WILLIAM M. BARTLEY, A SCHOOL JANITOR IN THAT TOWN WHO HAS BE- COME PHYSICALLY INCAPACITATED.
Be it enacted, etc., as follows:
Section 1. The school committee of the town of Dalton, having control of janitors employed in the public schools of that town, may retire with an annual pension William M. Hartley, a janitor of a school in that town who has reached the age of sixty after completing a service of more than twenty-five years and is physically incapacitated. The pen- sion shall be one half the compensation to which the pensioner would have been entitled for full employment during the last year of his service but not more than seven hundred and fifty dollars per year. It shall be payable out of the appropriation for the support of the public schools, maintenance of school buildings or payment of janitors.
Section 2. This act shall take effect upon its passage.
Approved January 25, 1937.
ChaV. 7 -^^ ^^"^ PLACING under the CIVIL SERVICE LAWS THE OFFICE OF CHIEF OF POLICE OF THE TOWN OF NORTH ANDOVER.
Be it enacted, etc., as follows:
Section 1. The office of chief of police of the town of North Andover shall, upon the effective date of this act, become subject to the civil service laws and rules and regula- tions relating to police officers in towns, and the tenure of office of any incumbent thereof shall be unlimited, subject, however, to said laws, but Alfred H. McKee, the present incumbent of said office, may continue to serve as such without taking a civil service examination.
Section 2. This act shall be submitted to the voters of said town at the annual town meeting in the current year in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: "Shall an act passed by the General Court in the year nineteen hundred and thirty-seven, en- titled 'An Act placing under the civil service laws the office of chief of police of the town of North Andover', be ac- cepted?" If a majority of the votes in answer to said ques- tion is in the affirmative, then this act shall thereupon take effect, but not otherwise. Approved January 27, 1937.
Acts, 1937. — Chaps. 8, 9.
An Act placing under the civil service laws the office Chap.
OF CHIEF OF POLICE OF THE TOWN OF HOLLISTON.
Be it enacted, etc., as follows:
Section 1. The office of chief of police of the town of Holliston shall, upon the effective date of this act, become subject to the civil service laws and rules and regulations relating to police officers in towns, and the tenure of office of any incumbent thereof shall be unlimited, subject, how- ever, to said laws, but the present incumbent of said office may continue to serve as such without taking a civil serv- ice examination.
Section 2. This act shall be submitted to the voters of said town at the annual town meeting in the current year in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: "Shall an act passed by the General Court in the year nineteen hundred and thirty-seven, entitled 'An Act placing under the civil service laws the office of chief of police of the town of Holliston', be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take effect, but not otherwise. Approved January 27, 1937.
An Act providing for the filling of vacancies in the Chap.
BOARD OF aldermen OF THE CITY OF MEDFORD BY THE remaining members of said BOARD.
Be it enacted, etc., as follows:
Section 1. Chapter three hundred and forty-five of the acts of nineteen hundred and three is hereby amended by striking out section five and inserting in place thereof the following: — Section 5. If it shall appear that there is no choice of mayor, or if the person elected to that office shall refuse to accept or shall die before qualifying, or if a vacancy in the office shall occur more than four months previous to the expiration of the term of office of a mayor, the board of aldermen shall forthwith cause warrants, or orders, to be issued for a new election, and the same proceedings shall be had in all respects as are hereinbefore provided for the election of a mayor; and such proceedings shall be repeated until the election of a mayor is completed. In case a vacancy in the office of mayor shall occur within the four months previous to the expiration of his tei'm of office, the board of aldermen may, in its discretion, order a new election to be held as aforesaid to fill the vacancy. Any vacancy in the board of aldermen shall be filled by election by said board by a majority vote of all its members; and the person elected to fill such vacancy shall be a resident of the ward from which his predecessor was elected and shall have resided therein for not less than six months last preceding suqh election.
8 Acts, 1937. —Chaps. 10, 11.
A person elected hereunder shall, before entering upon the duties of the office, take oath before the city clerk faith- fully to perform the same.
Section 2. Chapter one hundred and forty-two of the acts of nineteen hundred and thirty-five is hereby repealed.
Section 3. Any vacancy in the board of aldermen of the city of Medford existing upon the date of passage of this act shall be filled as provided in section one thereof, not- withstanding that the provisions of said section will not otherwise be effective unless said section is accepted in accordance with section four.
Section 4. Section one of this act shall be submitted for acceptance to the registered voters of the city of Medford at its biennial municipal election in the current year in the form of the following question which shall be placed upon the official ballot to be used at said election: "Shall section one of an act passed by the general court in the year nineteen hundred and thirty-seven, entitled 'An Act providing for the filling of vacancies in the board of aldermen of the city of Medford by the remaining members of said board', be accepted?" If a majority of the voters voting thereon vote in the affirmative in answer to said question, said section shall thereupon take effect, but not otherwise. Sections two and three of this act shall take effect upon its passage.
Approved January 27, 1937.
Chap. 10 An Act authorizing the city of boston to pay a certain
SUM OF MONEY TO MIRIAM L. SHAPIRO OF BOSTON.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obligation, the city of Boston is hereby authorized to pay to Miriam L. Shapiro, of said Boston, the sum of fourteen hundred dollars as a refund of the fee paid by said Shapiro for a retail package store liquor license, so called, no right, power or privilege under said license having been exercised by said Shapiro.
Section 2. This act shall take effect upon its accept- ance during the current year by vote of the city council of said city, subject to the provisions of its charter.
Approved February 2, 1937.
Chap. 11 An Act authorizing special judges of probate and insolvency and special justices of district courts,
WHEN holding COURT, TO WAIVE THE REQUIREMENTS OF THE FIVE-DAY MARRIAGE LAW, SO CALLED.
Be it enacted, etc., as follows:
G. L. (Ter SECTION 1. Section thirty of chapter two hundred and
ameAded.' ' seven of the General Laws, as appearing in the Tercentenary
Edition, is hereby amended by inserting after the word
"court" in the fifth line the following: — , or a special
Acts, 1937. —Chaps. 12, 13. 9
judge of probate and insolvency or special justice of a dis- trict court when holding court, — so as to read as follows : — Section 30. Upon application by both of the parties to an waiver of intended marriage, when both parties are residents of the tiran^age law. commonwealth or both parties are non-residents, or upon application of the party residing within the commonwealth when one of the parties is a resident and the other a non- resident, a judge of probate or a justice of a district court, or a special judge of probate and insolvency or special jus- tice of a district court when holding court, may, after hearing such evidence as is presented, grant a certificate stating that in his opinion it is expedient that the intended marriage be solemnized without delay. Upon presentation of such a certificate, or, in extraordinary or emergency cases when the death of either party is imminent, upon the authoritative request of a minister, clergyman, priest, rabbi or attending physician, the clerk or registrar of the town where the notice of intention has been filed shall at once issue the certificate prescribed in section twenty-eight.
Section 2. This act shall become operative June first Effective in the current year. Approved February 2, 1937.
An Act placing under the civil service laws the office (JJkit) 12 of chief of police of the town of northbridge.
Be it enacted, etc., as follows:
Section 1. The office of chief of poHce of the town of Northbridge shall, upon the effective date of this act, become subject to the civil service laws and rules and regulations relating to police officers in towns, and the tenure of office of any incumbent thereof shall be unlimited, subject, how- ever, to said laws, but the present incumbent of said office may continue to serve as such without taking a civil service examination.
Section 2. This act shall take effect upon its acceptance by vote of the inhabitants of said town at any town meeting held during the current year. Approved February 2, 1937.
An Act making certain perfecting changes in the laws Chav 13
RELATIVE TO REGISTRATION OF EMBALMERS AND FUNERAL DIRECTORS.
Whereas, The deferred operation of this act would tend Emergency to defeat its purpose, therefore it is hereby declared to be ^^'^^^"^ an emergency law, necessary for the immediate preservation of the public health and convenience.
Be it enacted, etc., as follows:
Section eighty-seven of chapter one hundred and twelve g. l. (Ter. of the General Laws, as appearing in section three of chapter ^tt^'amfnied^' four hundred and seven of the acts of nineteen hundred and thirty-six, is hereby amended by striking out, in the second
section.
10 Acts, 1937. —Chap. 14.
and seventh lines, respectively, the word "eighty-two" and inserting in place thereof, in each instance, the word : — Penalty eighty-three, — so as to read as follows: — Section 87. Who-
ever, not being registered as an embalmer under section eighty-three or corresponding provisions of earlier laws, shall by himself or by his agent or servant, unless such agent or servant is so registered, engage in the business of embalming dead human bodies, or whoever, not being registered as a funeral director under said section eighty-three and licensed as a funeral director under section forty-nine of chapter one hundred and fourteen, shall engage in the business of funeral directing, or shall hold himself out as such, shall, except as otherwise provided in section sixty-five, be punished by a fine of not more than one hundred dollars or by imprison- ment for not more than two months, or both; but sections eighty-two to eighty-seven, inclusive, shall not prohibit the employment of apprentices or assistants in embalming under the personal supervision of a registered embalmer, or in funeral directing under the personal supervision of a registered and licensed funeral director.
Approved February 3, 1937.
Chap. 14 -^N ^^'^ RELATIVE TO THE NUMBER OF PACKAGE STORE LICENSES THAT MAY BE ISSUED FOR THE SALE OF ALL ALCOHOLIC BEVERAGES IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
G. L (Ter SECTION 1. The first paragraph of section seventeen of
etc., 'amended. ' chapter oue hundred and thirty-eight of the General Laws, as most recently amended by chapter two hundred and forty-five of the acts of nineteen hundred and thirty-six, is hereby amended by striking out, in the twenty-first line, the word "three" the second time it occurs and inserting in place thereof the word : — five, — so as to read as fol- Package store jQ^g . — Exccpt as Otherwise provided in this chapter, the
IIC6IIS6S
number' of, number of licenses granted by the local licensing authori- reguiated. ^.^^ -^ ^^^ ^^^^ ^^ town Under sections twelve and fifteen shall not exceed in the aggregate one for each population unit of one thousand or fraction thereof; provided, that within said aggregate number the licensing authorities may grant three licenses under section fifteen in any city or town having a population of five thousand or more but not exceeding fifteen thousand and may grant not more than one license thereunder for each population unit of five thousand or fraction thereof in any city or town having a population of more than fifteen thousand; and provided, further, that the licensing authorities in any town, irre- spective of its population, may grant not more than four licenses in the aggregate under sections twelve and fifteen, but in no such case shall they grant more than three licenses under section twelve or more than two hcenses under sec- tion fifteen; and provided, further, that in the city of Bos-
Acts, 1937. —Chap. 15. 11
ton licenses under section twelve may be granted up to a total number not exceeding one thousand and licenses under section fifteen up to a total number not exceeding three hundred and five but no further original licenses under said section fifteen shall be granted in said city until the num- ber of licenses outstanding thereunder shall have been re- duced to less than two hundred and fifty by cancellation or revocation or the failure of holders of such licenses to apply for renewals, and thereafter licenses thereunder may be granted only up to a total not exceeding two hundred and fifty; and provided, further, that in any city or town which has an increased resident population during the summer months, the local licensing authorities may make an esti- mate prior to April first in any year of such temporary resi- dent population as of July tenth following, a copy of which estimate shall be transmitted forthwith to the commission, and one additional license under section twelve, to be effective from April first to November thirtieth only, may be granted for each unit of one thousand or additional frac- tion thereof of such population as so estimated, and one additional license under section fifteen, to be effective from April first to November thirtieth only, may be granted for each unit of five thousand or additional fraction thereof of such population as so estimated; and provided, further, that said authorities may grant in addition and irrespective of any limitation of number of licenses contained in this section seasonal licenses under section twelve to duly in- corporated clubs in their city or town if deemed by them to be in the public interest.
Section 2. This act shall take effect upon its passage. Effective
Approved February 5, 1937. '^**^-
An Act relative to vacations for certain municipal (Jjiav. 15
EMPLOYEES.
Be it enacted, etc., as follows:
Chapter forty-one of the General Laws is hereby amended EJ^IJ^^sm by striking out section one hundred and eleven, as most etc!, 'amended. ' recently amended by chapter two hundred and forty-two of the acts of nineteen hundred and thirty-six, and inserting in place thereof the following section: — Section 111. In vacations any town which accepted chapter two hundred and seven- muni^ip^ar teen of the acts of nineteen hundred and fourteen or which employees. accepts this section in the manner hereinafter provided, all persons classified as laborers, or doing the work of laborers, regularly employed by such town, shall be granted an an- nual vacation of not less than two weeks without loss of pay. In any city which accepted said chapter or which accepts this section in the manner hereinafter provided, the city council may determine that a vacation of two weeks without loss of pay shall be granted to every person regu- larly employed by such city as a common laborer, skilled laborer, mechanic or craftsman. If such vacations are author-
12 Acts, 1937. — Chap. 16. .
ized, they shall be granted by the heads of the executive departments of the city at such times as in their opinion will cause the least interference with the performance of the regular work of the city. A person shall be deemed to be regularly employed, within the meaning of this section, if he has actually worked for the city or town for thirty-two weeks in the aggregate during the preceding twelve months, notwithstanding that he has ceased, otherwise than by vol- untary withdrawal or dismissal for cause in accordance with law, to be in the employ of such city or town. Any official of a city or town whose duty it is to grant a vacation as provided by this section who wilfully refuses to grant the same shall be punished by a fine of not more than one hundred dollars. The department of labor and industries shall enforce this section, and shall have all necessary pow- ers therefor.
If a petition requesting that the question of acceptance of this section be submitted to the registered voters of any city or town which has not accepted said chapter two hun- dred and seventeen, signed by registered voters thereof equal in number to at least five per cent of the whole number of registered voters thereof, is filed with the city or town clerk not less than sixty days before a biennial state election, said city or town clerk shall immediately transmit said petition to the state secretary, who shall cause to be placed upon the ofiicial ballot to be used in said city or town at said state election the following question: "Shall section one hundred and eleven of chapter forty-one of the General Laws, providing for vacations for certain municipal em- ployees be accepted?" If a majority of the registered voters of such city or town voting thereon shall vote in the affirma- tive, said section shall be applicable in such city or town from and after the beginning of the next municipal year.
Approved February 5, 1937.
Chap. 16 ^^ -^CT AUTHORIZING THE ESTABLISHMENT OF A BOARD OF TRUSTEES TO MANAGE THE LAND OF THE TOWN OF IPSWICH AT GREAT NECK IN SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The town of Ipswich shall elect by ballot, at its annual town election in the year nineteen hundred and thirty-eight, three persons to constitute a board of trustees for the management of the land owned by the town at Great Neck, in said Ipswich. One of such trustees shall hold office until the expiration of three years, one until the expiration of two years, and one until the expiration of one year, from said election; and at each annual town election thereafter one such trustee shall be elected by ballot for three years. Said board of trustees shall be subject to such instructions, rules and regulations as said town may from time to time impose by vote.
Acts, 1937. —Chap. 17. 13
Section 2. Pending the election of the board of trustees authorized by section one of this act, the board of selectmen of said town may appoint three persons to constitute such board. Persons appointed under this section shall serve until the qualification of their successors elected at the annual town election in said town in the year nineteen hundred and thirty- eight as provided in said section one, and shall have and exercise the same powers and privileges and be subject to the same restrictions, rules and regulations as the board referred to in said section one.
Section 3. This act shall be submitted for acceptance to the registered voters of the town of Ipswich at the annual town meeting in the current year. If a majority of the votes cast thereon at said meeting is in the affirmative, this act shall take full effect, but not otherwise.
Approved February 8, 1937.
An Act establishing in the town of braintree repre- (^/^^jr) 17
SENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEET- ^'
INGS.
Be it enacted, etc., as follows:
Part I,
Section 1. There is hereby established in the town of Braintree the form of representative town government by limited town meetings hereinafter set forth.
Section 2. Upon the acceptance of Part I of this act by the town of Braintree as hereinafter provided, the selectmen shall forthwith divide the territory of said town into not less than six nor more than nine voting precincts, each of which shall be plainly designated and shall contain not less than four hundred registered voters. All precincts shall also contain approximately an equal number of registered voters. The precincts shall be so established as to consist of compact and contiguous territory to be bounded, as far as possible, by the center line of known streets and ways or by other well- defined limits. Their boundaries shall be reviewed, and, if need be, wholly or partly revised, by the selectmen in Decem- ber, once in five years, or in December of any year when so directed by a vote of a representative town meeting held not later than November tw^entieth of that year.
The selectmen shall, within ten days after any establish- ment or revision of the precincts, file a report of their doings with the town clerk, the registrars of voters and the assessors, with a map or maps or description of the precincts and the names and residences of the registered voters therein. The selectmen shall also cause to be posted in the town hall a map or maps or description of the precincts as established or revised from time to time with the names and residences of the registered voters therein; and they shall also cause to be posted in at least one public place in each precinct a map or description of that precinct, mth the names and residences
14 Acts, 1937. —Chap. 17.
of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect upon the date of the fihng of the report thereof by the selectmen with the town clerk. Whenever the precincts are estabhshed or revised, the towTi clerk shall forthwith give written notice thereof to the state secretary, stating the num- ber and designation of the precincts. Meetings of the regis- tered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the registered voters of the town, shall be held on the same day and at the same hour and at such place or places within the town as the selectmen shall in the warrant for such meeting direct. The provisions of chapters fifty to fifty-six, inclusive, of the General Laws relating to precinct voting at elections, so far as the same are not inconsistent with this act, shall apply to all elections and primaries in the town upon the establishment of voting precincts as herein- before provided.
Section 3. Other than the officers designated in the by- laws of the town as town meeting members at large, the representative town meeting membership shall in each pre- cinct consist of the largest number divisible by three which will admit of a representation thereof in the approximate proportion which the number of registered voters therein bears to the total number of registered voters in the town, and which will cause the total membership to be as nearly two hundred and forty as may be.
The registered voters in every precinct shall, at the first annual town election held after the establishment of such precinct, and the registered voters of any precinct affected by any revision of precincts shall, at the first annual town election following such revision, conformably to the laws relative to elections not inconsistent with this act, elect by ballot the number of registered voters in the precinct, other than the officers designated in the by-laws as town meeting members at large, provided for in the first sentence of this section, to be town meeting members of the town. The first third, in the order of votes received, of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual town meeting; in case of a tie vote affecting the division into thirds, as afore- said, the members elected from the precinct shall by ballot determine the same; and thereafter, except as is otherwise provided herein, at each annual town election the registered voters of each precinct shall, in like manner, elect, for the term of three years, one third of the number of elected town meeting members to which such precinct is entitled, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of elected town meeting members in such precinct.
The terms of ofiice of all elected town meeting members from every precinct revised as aforesaid shall cease upon the
Acts, 1937. —Chap. 17. 15
election as hereinbefore provided of their successors. The town clerk shall, after every election of town meeting mem- bers, forthwith notify each such member by mail of his election.
Section 4. Any representative town meeting held under the provisions of this act, except as otherwise provided herein, shall be limited to the town meeting members elected under section three, together with such town meeting members at large as may be provided for by the by-laws of the town.
The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, the notices to be sent by mail at least seven days before the meeting. The town meeting members, as aforesaid, shall be the judges of the election and qualifica- tions of their members. A majority of the town meeting members shall constitute a quorum for doing business; but a less number may organize temporarily and may adjourn from time to time, but no town meeting shall adjourn over the date of an election of town meeting members. All town meetings shall be public. The town meeting members as such shall receive no compensation. Subject to such conditions as may be determined from time to time by the members of the representative town meeting, any registered voter of the town who is not a town meeting member may speak at any representative town meeting, but shall not vote. A town meeting member may resign by filing a written resignation with the town clerk, and such resignation shall take effect on the date of such filing. A town meeting member who removes from the town shall cease to be a town meeting member, and a town meeting member who removes from the precinct from which he was elected to another precinct may serve only until the next annual town meeting.
Section 5. Nomination of candidates for town meeting members to be elected under this act shall be made by nom- ination papers, which shall bear no political designation, shall be signed by not less than ten voters of the precinct in which the candidate resides, and shall be filed with the town clerk at least ten days before the election ; provided, that any town meeting member may become a candidate for re-election by giving written notice thereof to the town clerk at least thirty days before the election. No nomination papers shall be valid in respect to any candidate whose written acceptance is not thereon or attached thereto when filed.
Section 6. The articles in the warrant for every town meeting, so far as they relate to the election of the moderator, town officers and town meeting members, and, as herein provided, to referenda, and all matters to be acted upon and determined by ballot, shall be so acted upon and determined by the registered voters of the town in their respective pre- cincts. All other articles in the warrant for any town meeting shall be acted upon and determined exclusively by town meeting members at a meeting to be held at such time and place as shall be set forth by the selectmen in the warrant
16 Acts, 1937. —Chap. 17.
for the meeting, subject to the referendum provided for by section nine.
Section 7. A moderator shall be elected by ballot at each annual town meeting, and shall serve as moderator of all town meetings, except as otherwise provided bj'" law, until a successor is elected and qualified. Nominations for and elec- tion of a moderator shall be as in the case of other elective town officers, and any vacancy in the office may be filled by the town meeting members at a meeting held for that pur- pose. If a moderator is absent, a moderator pro tempore may be elected by the town meeting members.
Section 8. Any vacancy in the full number of town meeting members from any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other cause, may be filled, until the next annual election, by the remaining members of the precinct from among the regis- tered voters thereof. Upon petition therefor, signed by not less than ten town meeting members from the precinct, notice of any vacancy shall promptly be given by the town clerk to the remaining members from the precinct in which the vacancy or vacancies exist, and he shall call a special meeting of such members for the purpose of filHng such vacancy or vacancies. He shall cause to be mailed to every such mem- ber, not less than five days before the time set for the meet- ing, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by ballot, and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with the town clerk, together with a written acceptance by the member or mem- bers so chosen, who shall thereupon be deemed elected and qualified as a town meeting member or members, subject to the right of all the town meeting members to judge of the election and qualifications of the members as set forth in section four.
Section 9. A vote passed by any representative town meeting authorizing the expenditure of twenty thousand dollars or more as a special appropriation, or establishing a new board or office or abolishing an old board or office or merging two or more boards or offices, or fixing the term of office of town officers, where such term is optional, or increas- ing or reducing the number of members of a board, or adopt- ing a new by-law, or amending an existing by-law, shall not be operative until after the expiration of five days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within said five days, a petition, signed by not less than five hundred registered voters of the town, containing their names and addresses as they appear on the list of registered voters, is filed with the selectmen asking that the question or questions involved in such a vote be submitted to the
Acts, 1937. —Chap. 17. 17
registered voters of the town at large, then the selectmen, after the expiration of five daj-^s, shall forthwith call a special meeting for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened at two o'clock in the afternoon and shall be closed not earher than eight o'clock in the evening, and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town offi- cers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the representative town meeting shall be reversed unless at least twenty per cent of the total number of registered voters shall vote for such reversal. Each question so submitted shall be in the form of the following question, which shall be placed upon the official ballot: — "Shall the town vote to approve the action of the represent- ative town meeting whereby it was voted (brief description of the substance of the vote)?" If such a petition is not filed within said period of five days, the vote of the representative town meeting shall become operative and effective upon the expiration of said period.
Section 10. The town, after the acceptance of Part I of this act, shall have the capacity to act through and to be bound by its town meeting members, who shall, when con- vened from time to time as herein provided, constitute repre- sentative town meetings; and the representative town meet- ings shall exercise exclusively, so far as will conform to the provisions of this act, all powers vested in the municipal cor- poration. Action in conformity with all provisions of law now or hereafter applicable to the transaction of town affairs in town meetings, shall, when taken by any representative town meeting in accordance with the provisions of this act, have the same force and effect as if such action had been taken in a town meeting open to all the voters of the town as organized and conducted before the estabhshment in said town of representative town meeting government.
Section 11. This act shall not abridge the right of the inhabitants of said town to hold general meetings, as secured to them by the constitution of this commonwealth; nor shall this act confer upon any representative town meeting in said town the power finally to commit the town to any measure affecting its municipal existence or substantially changing its form of government without action thereon by the voters of the town at large, using the ballot and the check list therefor.
Section 12. Part I of this act shall be submitted to the registered voters of the town of Braintree for acceptance at its annual town election in the year nineteen hundred and thirty-seven; and the selectmen of said town are hereby directed to insert in the regular warrant for such election an appropriate article relative to the matter to be acted on as aforesaid. The vote shall be taken by ballot in accordance with the provisions of the General Laws, so far as the same
18 Acts, 1937. —Chaps. 18, 19.
may be applicable, in answer to the question which shall be placed upon the official ballot to be used in the several pre- cincts for the election of town officers at said election : — "Shall Part I of an act passed by the general court in the year nineteen hundred and thirty-seven, entitled 'An Act estab- Hshing in the town of Braintree representative town govern- ment by hniited town meetings', be accepted by this town?" If accepted by a majority of the voters voting thereon, Part I of this act shall thereupon take effect for all purposes inci- dental to the annual town election in said town in the year nineteen hundred and thirty-eight, and shall take full effect beginning with said election.
Section 13. If Part I of this act is rejected by the regis- tered voters of the town of Braintree when submitted to said voters under section twelve it may be submitted for accept- ance in hke manner to such voters at any annual town elec- tion in said town not later than the annual town election in the year nineteen hundred and forty, and, if accepted by a majority of the voters voting thereon at such an election, shall thereupon take effect for all purposes incidental to the next annual town election in said town and shall take full effect beginning with said election.
Part II.
Section 14. Chapter fifty-six of the acts of nineteen hundred and thirty-six is hereby repealed and said repeal shall take effect upon the passage of this act.
Approved February 8, 1987.
Chap. 18 An Act authorizing towns in barnstable county to
APPROPRIATE MONEY FOR STOCKING INLAND WATERS IN SUCH TOWNS WITH FISH AND FOR LIBERATING GAME THEREIN.
Be it enacted, etc., as follows:
Section 1. Any town in Barnstable county may annu- ally appropriate a sum, not exceeding five hundred dollars, for the purpose of stocking ponds and other inland waters located within its limits with fish and of liberating game within said limits and to meet necessary expenses incidental thereto, including the feeding of game so liberated. Two or more of said towns bordering upon the same pond or other inland waters may join in stocking the same hereunder.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1937.
Chap. 19 An Act designating a certain highway as the grand
ARMY OF THE REPUBLIC HIGHWAY.
^rTambk''^ Whcrcas, It is fitting and proper that the veterans of the
civil war should be given further recognition for their valiant
Acts, 1937. — Chap. 20. 19
services in the war of the rebelhon from eighteen hundred and sixty-one to eighteen hundred and sixty-five; therefore,
Be it enacted, etc., as folloivs:
Section 1. That portion of the highway known as "U. S. Route 6" which begins in the town of Provincetown and extends to the boundary hne between tliis common- wealth and the state of Rhode Island shall hereafter be designated and known as the Grand Army of the Republic Highway. The department of public works is hereby author- ized and directed to erect along said portion of said high- way suitable markers bearing said designation.
Section 2. This act shall take effect upon its passage.
Approved February 12, 1937.
An Act requiring all subordinate officers of the state Chav. 20
FARM TO TAKE AND SUBSCRIBE TO CERTAIN OATHS OF OFFICE.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and twenty-five of g- l. (Ter. the General Laws is hereby amended by striking out section amended.' • ' ten, as appearing in the Tercentenary Edition, and inserting in place thereof the following: — Section 10. All subordi- Oathsofsub- nate officers of the state prison, state prison colony, Massa- of state^'f arm,"^ chusetts reformatory, state farm or reformatory for women, ^""""^ °^- before entering upon the performance of their official duties, shall take and subscribe the following oaths:
I, A. B., do solemnly swear that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will support the consti- tution thereof. So help me, God.
I, A. B., do solemnly swear that I will obey the lawful orders of all my superior officers. So help me, God.
I, A. B., do solemnly swear and affirm that I will faithfully and impartially discharge and perform all the duties incumbent on me in the office to which I have been appointed, according to the best of my abilities and understanding, agreeably to the rules and regulations of the constitution, the laws of the commonwealth and the rules pro- vided in accordance with law for the government of the state prison (state prison colony, Massachusetts reformatory, state farm or reform- atory for women). So help me, God.
The oaths may be administered by "any officer authorized by law to administer oaths, and a record thereof shall be in the possession of the warden or superintendent.
Section 2. Each person holding office, on the effective present officers date of this act, as a subordinate officer of the state farm [ake'oa*th° shall, within fifteen days after said date, take and subscribe the oaths specified in section ten of said chapter one hun- dred and twenty-five. Approved February 12, 1937.
20
Acts, 1937. —Chaps. 21, 22.
G. L. (Ter. Ed.), 51, § 61, amended.
Returns of registered voters, etc.
Chap. 21 ^^ ^^'^ RELATIVE TO RETURNS TO THE SECRETARY OF THE COMMONWEALTH AND TO THE GENERAL COURT OF THE NUMBER OF ASSESSED POLLS.
Be it enacted, etc., as follows:
Section 1. Section sixty-one of chapter fifty-one of the General Laws, as appearing in the Tercentenary Edition, is hereby amended by striking out, in the third Hne, the words "the number of assessed polls,", — so as to read as follows: — Section 61. They shall forthwith, after the final day for registration before a biennial state or regular city or town election, certify to the state secretary the number of regis- tered voters in the city or town, and in each ward and pre- cinct therein, and the number of persons entitled to vote for a part only of the whole number of officers to be chosen at a state election in such city or town and in each ward and precinct therein, with the titles of the officers for whom such persons are entitled to vote.
In cities where the city clerk is not a member of the board of registrars, the registrars shall likewise, after the last day for registration for a city election, certify to the city clerk the number of registered voters in the city, and in each ward and voting precinct therein.
Section 2. Section one hundred and thirtj'^-three of chapter fifty-four of the Genei-al Laws, as so appearing, is hereby amended by striking out, in the second line, the words "the number of assessed polls and", — so as to read as follows: — Section 183. The state secretary shall before Februaiy first of each year report to the general court the number of registered voters in each city and town at the date of the last preceding state, and city or town election, as the case may be, and the total number of persons who voted at each such election in every city and town, and in every voting precinct therein, and, in the year following a state election, the number of votes received by each candi- date for nomination and for election for a state office, and for election for a state committee, arranged by cities, towns and districts, and a concise statement of other matters relat- ing to elections, with such suggestions as he deems advisable.
Approved February 12, 1937.
G. L. (Ter. Ed.), 54, § 133, amended.
Report of registered voters to the general court.
Chart. 22 -^^ ^^t requiring the printing on official ballots of addresses of candidates for delegates to political conventions.
G. L. (Ter. Ed.), 53, § 34, etc., amended.
Be it enacted, etc., as follows:
Section thirty-four of chapter fifty-three of the General Laws, as amended by section seven of chapter three hun- dred and ten of the acts of nineteen hundred and thirty-two, is herebj^ further amended by striking out the fourth para- graph and inserting in place thereof the following: —
Acts, 1937. — Chaps. 23, 24. 21
Against the name of a candidate for an elective office, for Acuiresaes of delegate or alternate delegate to a state or national conven- ria'tM"to''be''"' tion, for a ward or town committee, or for a member of a "[i^'V/"}, state committee, shall be printed the street and number, if ° "^ any, of his residence, Apyroved February 12, 1937.
An Act BRfNGiNG into conformity with federal law fLr,^ o*^
THE provisions RELATIVE TO MEETINGS OF PRESIDENTIAL ^ *
ELECTORS.
Be it enacted, etc., as follows:
Section 1. Section one hundred and thirty-eight of EdV' ^)T%' i38 chapter fifty-four of the General Laws, as appearing in the amemied. Tercentenary Edition, is hereby amended by striking out, in the eighth line, the words "first Wednesday in Januaiy" and inserting in place thereof the words : — date fixed un- der federal law, — so that the last paragraph will read as follows: —
If the whole number of electors has not been chosen Prosidontiai when the electors meet on the date fixed under federal law, f.'.yr*''!;?^ „<„ or if an elector has died or is then absent, the electors present shall forthwith choose electors from the citizens of the com- monwealth to complete the full number.
Section 2. Section one hundred and forty-eight of said S,^" iT^'^i.c chapter fifty-four, as so appearing, is hereby amended by amended, striking out, in the second line, the words "first Wednesday in January" and inserting in place thereof the words: — date fixed by federal law, — so as to read as follows : — Section 14S. The persons chosen as presidential electors organization shall meet at the state house on the date fixed by federal "^ceti^s- etc. law next following their election at three o'clock in the afternoon and organize by the choice of a presiding officer and secretary. The state secretary shall call the meeting to order, call the roll of electors, and preside until a presiding officer shall be chosen. The secretary of the electors shall keep a journal of their proceedings and deposit the same in the office of the state secretary, where it shall be recorded and filed. A'p'proved February 12, 1937.
An Act establishing the date for filing with the rhnr* 94 secretary of the commonwealth certain returns ^ ' relative to delegates to political conventions and to members of political committees and relative to other matters preliminary to party primaries.
Be it enacted, etc., as follows:
Section 1. Section nine of chapter fifty-two of the Gen- c. y,. (Tor. eral Laws, as amended by section three of chapter three !'i'l^'J?"ij.2;i
1 111 ci (•• iiii- etc., amenuea.
hundred and ten of the acts of nineteen hundred and thirty- two, is hereby further amended by striking out, in the eleventh line, the word "March" and inserting in place thereof the word : — February, — so as to read as follows :
22
Acts, 1937. — Chap. 24.
State com- mittees, number of members of.
G. L. (Ter. Ed.), 53, § 42, etc., amended.
Primaries to be held by wards, etc., notice of.
G. L. (Ter. Ed.), 53, § 54, etc., amended.
State con- ventions of political parties.
— Section 9. The state committee shall fix the number of district delegates and the number of district alternate dele- gates, not less than one from each congressional district, and the number of delegates and alternate delegates at large, to the national convention. City and town committees shall fix the number of members of ward and town committees, not less than three for each ward or town. Notice of the number of delegates and members of committees to be elected shall be given by the state, city or town committee, as the case may be, to the state secretaiy on or before February first. In case a city or town committee fails to fix the number of the members of a ward or town committee and to give notice thereof as aforesaid to the state secretary, the number of members of such a ward or town committee to be elected shall not exceed ten.
Section 2. Section forty-two of chapter fifty-three of the General Laws, as amended by section ten of said chapter three hundred and ten, is hereby further amended by strik- ing out, in the fifth line, the word "March" and inserting in place thereof the word : — February, — so as to read as fol- lows : — Section 1^.2. In cities or towns where the aldermen or selectmen determine the question of holding primaries by wards, precincts, or groups of precincts, they shall give notice of their determination to the state secretary on or before February first; except that in case of primaries be- fore special elections they shall give such notice at least fourteen days before the primaries.
Section 3. Section fifty-four of said chapter fifty- three, as most recently amended by section one of chapter eleven of the acts of nineteen hundred and thirty-six, is hereby further amended by striking out, in the twenty-sixth line, the word "March" and inserting in place thereof the word:
— February, — so as to read as follows: — Section 5J^. A political party shall, upon the call of its state committee, but not later than June thirtieth, in a year in which a bi- ennial state election is held, hold a state convention for the purpose of adopting a platform, electing such number of members at large of the state committee as may be fixed by the convention, nominating presidential electors and en- dorsing for nomination candidates for offices to be filled by all the voters of the commonwealth, to be voted for at the ensuing state primary, and for such other purposes consistent with law as the convention may determine. Such conven- tion shall consist of the delegates elected at the party pri- mary as hereinbefore provided. The number of delegates shall be one from each ward and town and one additional for every fifteen hundred votes, or major fraction thereof, above the first fifteen hundred votes cast at the preceding biennial state election in such ward or town for the political party candidate for governor. At the second party primary following the redivision of a city into wards under the pro- visions of section one of chapter fifty-four there shall be elected one delegate from each ward as established by such
Acts, 1937. —Chap. 25. 23
redivision and such additional delegates, if any, from such city as would be elected from the wards thereof if no such redivision had been made. The state committee shall ap- portion the number of said additional delegates by wards and notify the state secretary of such apportionment on or before February first preceding said party primary. In case of a vacancy occurring for any reason except a tie vote such vacancy shall not be filled. Nothing herein contained shall affect or diminish the operation of the laws relating to state primaries contained in sections forty-one to fifty-three A, inclusive. Approved February 12, 1937.
An Act advancing the time for filing nomination Chav. 25
PAPERS FOR certification IN CERTAIN CASES.
Be it enacted, etc., as follows:
Section 1. Section seven of chapter fifty-three of the g l. (Ter. General Laws, as most recently amended by section one of ftc'^ 'amended. chapter four of the acts of nineteen hundred and thirty-six, is hereby further amended by striking out the third sentence and inserting in place thereof the following : — Every nomi- Nomination nation paper of a candidate for a state office and, except Cfmi^ng. where otherwise provided by law, of a candidate for a city or town office, shall be submitted, on or before five o'clock in the afternoon of the seventh day preceding the day on which it must be filed, to the registrars of the city or town where the signers appear to be voters.
Section 2. Said chapter fifty-three is hereby further q. l. (Ter. amended by striking out section forty-six, as most recently ^tc.'! 'amended.' amended by section two of said chapter four, and inserting in place thereof the following : — Section 4^. Every nomi- Certification, nation paper shall be submitted, on or before five o'clock in the afternoon of the seventh day preceding the day on which it must be filed, to the registrars of the city or town in which the signers appear to be voters, who shall check each name to be certified by them on the nomination paper and shall forthwith certify thereon the number of signatures so checked which are names of voters both in the city or town and in the district for which the nomination is made, and who are not enrolled in any other party than that whose nomination the candidate seeks, and only names so checked shall be deemed to be names of qualified voters for the purposes of nomination.
The provisions of section seven relative to the number of names to be certified and received, and to names not certi- fied in the first instance, shall apply to such papers. For the purpose of certifying to the names on primary nomina- tion papers the registrars shall hold meetings on the four Tuesdays next preceding the date on which such papers are required to be filed with the state secretary', except that for primaries before special elections the meetings shall be held on the two Tuesdays next preceding such date.
24
Acts, 1937. — Chaps. 26, 27.
No person shall be a candidate for nomination for more than one office; but this shall not apply to candidates for membership in political committees or delegations to the state convention. Approved February 12, 1937.
G. L. (Ter. Ed.). 53, § 13, etc., amended.
Chap. 26 ^'^ ■^^'^ RELATIVE TO LIMITING THE TIME FOR RECEIVING WITHDRAWALS OF CANDIDATES FOR ELECTIVE PUBLIC OFFICE,
Be it enacted, etc., as follows:
Section thirteen of chapter fifty-three of the General Laws, as amended by section four of chapter three hundred and thirteen of the acts of nineteen hundred and thirty-three, is hereby further amended by inserting after the word "papers" in the sixth line, as appearing in the Tercentenary Edition, the words: — and no such requests for withdrawals shall be received after such time has expired, — so as to read as follows: — Section 13. A person nominated as a candidate for any state, city or town office may withdraw his name from nomination by a request signed and duly acknowledged by him, and filed with the officer with whom the nomination was filed, within the time prescribed by section eleven for filing objections to certificates of nomina- tion and nomination papers and no such requests for with- drawals shall be received after such time has expired. This section shall be in force in any city which accepts section one hundred and three A of chapter fifty-four, any special provision of law to the contrary notwithstanding.
Approved February 12, 1937.
Withdrawal of names of candidates.
Chap. 27 An Act relative to the appointment of temporary
ADDITIONAL ELECTION OFFICERS IN CITIES.
G. L. (Ter. Ed.), 54, § 11, etc., amended.
Be it enacted, etc., as follows:
Section eleven of chapter fifty-four of the General Laws, as most recently amended by section one of chapter one hundred and fifty-eight of the acts of nineteen hundred and thirty-four, is hereby further amended by adding after the word "following" in the sixteenth line the following new sentence: — After said September first, the mayor, with the approval of the aldermen, may, from time to time, appoint temporary additional inspectors to count and tabulate the votes, — and by striking out, in the seventeenth line, the words "Such appointment" and inserting in place thereof the words : — Any appointment made under authority of this section, — so as to read as follows: — Section 11. The appointment of. mayor of cvcry city, except where city charters provide otherwise and except as provided in section eleven A, shall annually not earlier than June fifteenth nor later than Au- gust fifteenth appoint as election officers for each voting precinct, one warden, one deputy warden, one clerk, one deputy clerk, four inspectors and four deputy inspectors,
Election officers in cities
Acts, 1937. — Chaps. 28, 29. 25
who shall, at the time of their appointment, be enrolled voters in the ward of which such precinct forms a part. He may, in hke manner, appoint two inspectors and two deputy inspectors in addition, and such additional inspectors to count and tabulate the votes as he may deem necessary. Every such appointment shall be filed in the office of the city clerk of such city within forty-eight hours after it is made, and shall be acted on by the aldermen not less than three days after the filing of such appointment and on or before September first following. After said September first, the mayor, with the approval of the aldermen, may, from time to time, appoint temporary additional inspectors to count and tabulate the votes. Any appointment made under authority of this section shall be open to public inspection. Approved February 12, 1937.
An Act to authorize the county treasurer of essex (Jhav. 28
COUNTY TO MAKE A CHARGE AGAINST AN APPROPRIATION FOR SAID COUNTY FOR THE CURRENT YEAR.
Be it enacted, etc., as follows:
The county treasurer of Essex county is hereby author- ized to charge to the appropriation for criminal costs in the superior court made for said county for the current year the sum of three hundred and fourteen dollars and sixty-two cents, being the difference between the amount advanced on July seventeenth, nineteen hundred and thirty-four, from the funds of said county for expenses to be incurred in ac- cordance with the provisions of section twenty-five of chap- ter twelve of the General Laws and the amount of approved vouchers and cash representing such advance returned to said county treasurer on October eighteenth, nineteen hun- dred and thirty-four. Approved February 12, 1937.
An Act making further provisions relative to the con- Chav 29
STRUCTION AND LEASING BY THE COMMONWEALTH OF A FISH AND COMMERCIAL PIER IN GLOUCESTER HARBOR.
Whereas, The deferred operation of this act would tend to Emergency defeat its purpose, therefore it is hereby declared to be an preamble, emergency law, necessary for the immediate preservation of the pubhc convenience.
Be it enacted, etc., as follows:
Section 1. Section three of chapter three hundred and eleven of the acts of nineteen hundred and thirty-one, as amended by section three of chapter three hundred and three of the acts of nineteen hundred and thirty-six, is hereby further amended by inserting after the word "forty-nine" in the seventeenth line the following: — Said lessee corpora- tion, if not the city of Gloucester, shall be a corporation organized for the purpose of administering said pier and its
26 Acts, 1937. — Chap. 29.
facilities without profit and in such manner that said pier and its facihties shall be available, to the extent of their capacity, to fishermen, fish dealers and the fishing industry generally, subject to such reasonable regulations under the lease as the corporation may deem necessary or desirable for the purpose, and to the right of the corporation from time to time to sub- lease or hcense the use of portions of such pier or its facili- ties, or structures on such pier, to persons engaged in the fishing industry or business incidental thereto in such manner as will, in the judgment of the corporation, best and most equitably promote the purposes of this chapter; and the members of the corporation shall be the members of the mu- nicipal council, the city treasurer and city auditor of the city of Gloucester from time to time in office. The city of Glouces- ter may be the lessee of said pier and buildings, which in such case shall be administered by the municipal council of said city or by a commission appointed by it, — so as to read as follows : — Section 3. No work authorized by section one shall be done unless prior to June first, nineteen hundred and thirty-seven, the city of Gloucester shall effect the transfer to the commonwealth of property authorized to be acquired by the preceding section, and shall agree to lay out, construct and maintain at its own expense a pubUc way, suitable for heavy trucking, and extending from the site of the proposed pier to an existing public way which is a main artery of travel; nor unless prior to said date a corporation incorporated under the laws of the commonwealth, hereinafter called the lessee, the financial responsibility of which is satisfactory to the commissioner of corporations and taxation, shall execute a lease of said pier together with the buildings thereon, for a term beginning on the date of the completion by the depart- ment of the work authorized by section one and ending September thirtieth, nineteen hundred and forty-nine. Said lessee corporation, if not the city of Gloucester, shall be a corporation organized for the purpose of administering said pier and its facihties without profit and in such manner that said pier and its facilities shall be available, to the extent of their capacity, to fishermen, fish dealers and the fishing in- dustry generally, subject to such reasonable regulations under the lease as the corporation may deem necessary or desirable for the purpose, and to the right of the corporation from time to time to sublease or license the use of portions of such pier or its facilities, or structures on such pier, to persons engaged in the fishing industry or business incidental thereto in such manner as will, in the judgment of the corporation, best and most equitably promote the purposes of this chapter; and the members of the corporation shall be the members of the municipal council, the city treasurer and city auditor of the city of Gloucester from time to time in office. The city of Gloucester may be the lessee of said pier and buildings, which in such case shall be administered by the municipal council of said city or by a commission appointed by it. Said lease shall provide that the lessee shall pay to the commonwealth
Acts, 1937. —Chaps. 30, 31. 27
a rental not less than twenty thousand dollars a year, and shall be subject to such provisions and conditions as may be agreed upon by the department and the lessee.
Section 2. Section one of said chapter three hundred and eleven, as amended by section one of said chapter three hun- dred and three, is hereby further amended by adding at the end thereof the following new sentence : — For the purpose of carrying out the provisions of this section, the department may accept any grant of federal funds and may use the same in addition to the amount made available therefor under section five. Approved February 15, 1937.
An Act to authorize the placing of the office of chief QJiq'T) qq OF police and the positions of members of the regu-
LAR OR permanent POLICE FORCE OF THE TOWN OF WEST- WOOD UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of chief of police and the positions of members of the regular or permanent police force of the town of Westwood shall, upon the effective date of this act, become subject to the civil service laws and rules and regu- lations relating to police officers in towns, and the tenure of office of any chief of police or any member of such police force shall be unlimited, subject, however, to said laws, but the chief of police and the members of the regular or per- manent police force of said town on said effective date may continue to serve as such without taking a civil service examination.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town meeting in the current year in the form of the following question which shall be placed upon the official ballot to be used for the election of town officers at said meeting: "Shall an act passed by the general court in the year nineteen hundred and thirty-seven, entitled, 'An Act to authorize the placing of the office of chief of police and the positions of members of the regular or permanent police force of the town of Westwood under the civil service laws', be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take effect, but not otherwise.
Approved February 15, 1987.
An Act to authorize the placing of the office of chief fhn^ 31
OF police of the town of MEDFIELD under the CIVIL ^'
SERVICE laws.
Be it enacted, etc., as follows:
Section 1. The office of chief of police of the town of Medfield shall, upon effective date of this act, become subject to the civil service laws and rules and regulations relating to pohce officers in towns, and the tenure of office of any incum-
28 Acts, 1937. — Chaps. 32, 33.
bent thereof shall be unlimited, subject, however, to such laws; provided, that the present incumbent of said office may continue to serve as such without taking a civil service examination.
Section 2. This act shall be submitted to the voters of said town at the annual town meeting in the current year in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: "Shall an act passed by the General Court in the year nineteen hundred and thirty-seven entitled 'An Act to authorize the placing of the office of chief of poHce of the town of Medfield under the civil service laws', be ac- cepted?" If a majority of the votes in answer to said ques- tion are in the affirmative, then this act shall thereupon take effect, but not otherwise. Approved February 16, 1937.
Chap. 32 An Act validating a certain vote of the town of dra-
CUT PASSED AT A SPECIAL MEETING IN THE YEAR NINETEEN HUNDRED AND THIRTY-SIX BY WHICH IT REVOKED ITS AC- CEPTANCE OF THE CIVIL SERVICE LAW^S AS APPLICABLE TO ITS POLICE DEPARTMENT.
Be it enacted, etc., as follows:
Section 1. The action of the inhabitants of the town of Dracut, at a special town meeting held November seven- teenth, nineteen hundred and thirty-six, in voting to revoke its acceptance of the civil service laws as applicable to its police department, is hereby ratified and confirmed, and shall have the same effect and validity as if the voting on the ques- tion of revoking such acceptance had been authorized by law, and the civil service laws and rules and regulations made thereunder shall no longer apply to the police department of said town.
Section 2. Nothing contained in this act shall prevent the said town from hereafter accepting the provisions of chap- • ter thirty-one of the General Laws applicable to its police department.
Section 3. This act shall take effect upon its passage.
Approved February 16, 1937.
Chap. 33 -An Act repealing certain provisions of law relative
TO THE USE OF PARK LAND IN THE TOWN OF HARWICH FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. Chapter eighty-five of the acts of nineteen hundred and thirty-six is hereby repealed.
Section 2. This act shall take effect upon its passage.
Approved February 16, 1937.
Acts, 1937. —Chaps. 34, 35. 29
An Act authorizing cities to increase their appropria- QJiaj). 34
TIONS FOR RESERVE FUNDS, SO CALLED.
Whereas, The deferred operation of this act would defeat ^r"STe''^ its purpose, therefore it is hereby declared to be an emer- gency law, necessary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section five A of chapter forty of the General Laws, in- g. l. (Ter.^ serted by chapter forty of the acts of nineteen hundred and j!',';!ended.^ ^^' thirty-six, is hereby amended by inserting after the word "one" in the fourth line the words: — and one half, — so as to read as follows : — Section 5 A . To provide for extra- Reserve fund ordinary or unforeseen expenditures, a city may, prior to the '" '''"""*■ date when the tax rate for the year is fixed, appropriate a sum not exceeding one and one half per cent of the tax levy for the preceding year to be known as a reserve fund. No direct drafts against this fund shall be made, but transfers from the fund may from time to time be voted by the city council upon recommendation of the mayor, and the city auditor or officer having similar duties shall make such trans- fers as are so voted. Approved February 16, 1937.
An Act providing that the chairman of the board of (jhrijj 35
SEWER commissioners OF THE TOWN OF MILFORD SHALL ^'
BE A TOWN MEETING MEMBER AT LARGE IN SAID TOWN.
Be it enacted, etc., as follows:
Section 1. Section three of chapter two hundred and seventy-one of the acts of nineteen hundred and thirty-three is hereby amended by inserting after the word "welfare" in the fifteenth line the words : — , the chairman of the board of sewer commissioners, — so that the first sentence will read as follows : — Any representative town meeting held under the provisions of this act, except as otherwise provided herein, shall be hmited to the voters elected under section two, to- gether with the following, designated as town meeting mem- bers at large ; namely, any member of the general court of the commonwealth from the town, the moderator, the town clerk, the selectmen, the town treasurer, the town counsel, the high- way surveyor, the chairman of the trustees of the public library, the chairman of the finance committee, the chairman of the school committee, the chairman of the board of asses- sors, the chairman of the board of health, the chairman of the park commission, the chairman of the board of town ceme- teries, the chairman of the registrars of voters, the tax col- lector, the chairman of the board of public welfare, the chair- man of the board of sewer commissioners and the town accountant.
Section 2. This act shall be submitted for acceptance to the town meeting members of the town of Milford at the
30 Acts, 1937. — Chaps. 36, 37.
next annual town meeting under an article which the select- men of said town are hereby directed to insert in the warrant for such meeting, and shall take full effect upon its accept- ance by a majority of the town meeting members voting thereon. Approved February 16, 1937.
Chap. 36 ^^ ^^'^ RELATIVE TO EXPENDITURES BY COUNTIES BEFORE THE ENACTMENT OF THE ANNUAL APPROPRIATION ACT.
Be it enacted, etc., as follows:
Ed X 35^1 34, Chapter thirty-five of the General Laws is hereby amended amended. ' by Striking out section thirty-four, as appearing in the Ter- centenary Edition, and inserting in place thereof the follow- ^oS^un-^ ing : — Section 34- After December thirty-first and before appropriated the regular appropriations have been made by the general a ances. court, the couuty commissioners and other officers authorized
to incur liabihties payable by the county may incur liability for general maintenance and operation of regular county activities at a rate of expenditure which does not exceed in any month the sum spent for a similar purpose in any one month in the preceding year; provided, that said commis- sioners or officers may expend in any one month for any office or board created by law an amount not exceeding one twelfth of the estimated cost for said year for said office or board. Payments therefor may be made from any available funds in the county treasury, to be charged to the regular appro- priation when made. No new or unusual expense shall be incurred, or permanent contract made, or salary increased, until an appropriation sufficient therefor has been made by the general court. Approved February 16, 1937.
Chap. 37 An Act authorizing the appointment to the perma- nent FORCE OF THE FIRE DEPARTMENT OP THE TOWN OF MILFORD OF CERTAIN CALL MEN IN SAID DEPARTMENT.
Be it enacted, etc., asfolloivs:
Section 1. The town of Milford, on the recommenda- tion of the board of engineers of the fire department, may promote to membership on the permanent force, without civil service examination and without any probationary period of service required under chapter thirty-one of the General Laws and the rules and regulations made there- under, any person in the call fire department of said town upon the date when said town accepted section forty-eight of chapter thirty-one of the General Laws, or corresponding provisions of earlier law; provided, that every such person is certified to be competent physically for the duty by the town physician.
Section 2. This act shall be submitted for acceptance to the voters of the town of Milford at the annual town meeting to be held in the current year by an article which the selectmen of said town are hereby directed to insert in
Acts, 1937. — Chaps. 38, 39. 31
the warrant for such meeting, and shall take effect in said town upon acceptance by a majority of the town meeting members of said town voting thereon.
Approved February 17, 1937.
An Act relative to the observance of memorial day. QJiav. 38
Be it enacted, etc., as follows:
Clause eighteenth of section seven of chapter four of the g. l. (Ter. General Laws, as most recently amended by chapter one ftl! 'amended. hundred and eighty of the acts of nineteen hundred and thirty-six, is hereby further amended by inserting after the word "to" in the tenth line the words: — May thirtieth and, — and by inserting after the word "when" in the thirteenth line the words: — May thirtieth or, — so as to read as follows: — Eighteenth, "Legal holiday" shall in- "Legal elude January first, February twenty-second, April nine- defined. teenth, May thirtieth, July fourth, the first Monday of September, October twelfth, November eleventh. Thanks- giving day and Christmas day, or the day following when any of the five days first mentioned, October twelfth, Novem- ber eleventh, or Christmas day occurs on Sunday; and the public offices shall be closed on all of said days; and all laws, statutes, orders, decrees, rules and regulations regulating the observance of the Lord's day shall be applicable to May thirtieth and November eleventh between the hours of seven o'clock ante meridian and one o'clock post meridian, or during the same hours on the day following when May thirtieth or November eleventh occurs on Sunday; and all laws, statutes, orders, decrees, rules and regulations regu- lating the keeping open of retail stores on the Lord's day shall be apphcable to the keeping open of retail stores on October twelfth between the hours of seven o'clock ante meridian and one o'clock post meridian, or during the same hours on the day following when October twelfth occurs on Sunday. "Legal holiday" shall also include, with respect to Suffolk county only, June seventeenth, or the day fol- lowing when June seventeenth occurs on Sunday, and the pubhc offices in said county shall be closed on said day.
Approved February 19, 1937.
An Act relative to contributions by the county of Qhav 39
BARNSTABLE TO THE COST OF CONSTRUCTING SEA WALLS OR OTHER WORKS TO BE BUILT BY THE DEPARTMENT OF PUBLIC WORKS.
Be it enacted, etc., as follows:
Section one of chapter two hundred and seventy-five of the acts of nineteen hundred and thirty-three, as amended by chapter thirty-six of the acts of nineteen hundred and thirty- five, is hereby further amended by striking out, in the fifth to the seventh lines, inclusive, the words ", nineteen hundred
32 Acts, 1937. — Chap. 40.
and thirty-four, nineteen hundred and thirty-five, nineteen hundred and thirty-six and nineteen hundred and thirty- seven" and inserting in place thereof the words: — to nine- teen hundred and forty, inclusive, — and by striking out, in the sixteenth line, the word "thirty-four" and inserting in place thereof the word: — sixty-eight, — so as to read as follows : — Section 1 . The county of Barnstable is hereby authorized to contribute to the cost of constructing sea walls or other works to be built by the department of public works during the years nineteen hundred and thirty-three to nine- teen hundred and forty, inclusive, under the provisions of section eleven of chapter ninety-one of the General Laws for the protection of the shores of the towns in said county from erosion by the sea, and the treasurer of said county, with the approval of the county commissioners, may pay the county's proportion of such cost from the highway appropriation or, for the purpose of so contributing, may borrow from time to time on the credit of the county such sums as may be neces- sary, not exceeding, in the aggregate, sixty-eight thousand dollars, and may issue bonds or notes of the county therefor, which shall bear on their face the words, Barnstable County Shore Protection Loan, Act of 1933. Each authorized issue shall constitute a separate loan, and such loans shall be pay- able in not more than five years from their dates. Such bonds or notes shall be signed by the treasurer of the county and countersigned by a majority of the county commissioners. The county may sell such securities at public or private sale upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. In- debtedness incurred under this act shall, except as herein pro- vided, be subject to chapter thirty-five of the General Laws.
Approved February 19, 1937.
Chap. 40 An Act requieing the periodic replacement of meters
FOR MEASURING GAS BY MUNICIPAL LIGHTING PLANTS.
Be it enacted, etc., as follows:
Bdn' il^' Section L Section one hundred and fifteen A of chapter
§ lisA, etc.. one hundred and sixty-four of the General Laws, inserted by amended. gectiou ouc of chapter two hundred and fifty-nine of the acts of nineteen hundred and thirty-six, is hereby amended by inserting after the word "company" in the second and fourth lines, in each instance, the words: — or municipal lighting Replacement plant, — SO as to read as follows: — Section 115A. Each meter for measuring gas provided by a gas company or munic- ipal lighting plant to a consumer shall, not later than seven years from the date of installation or replacement, be re- moved by the company or municipal lighting plant from the premises of the consumer and replaced by it with such a meter which has been newly tested, sealed and stamped in accord- ance with law.
of gas meters.
Acts, 1937. —Chaps. 41, 42. 33
Section 2. A municipal lighting plant shall be deemed to Temporary be complying with the provisions of this act with respect to p''°^'s'°"3- meters used for measuring gas provided by it prior to the effective date hereof if, beginning in the year nineteen hun- dred and thirty-eight, it shall annually remove from the premises of its consumers at least fifteen per cent of the total number of such meters in use on such effective date and re- place them with such meters which have been newly tested, sealed and stamped in accordance with law.
Section 3. This act shall take effect on January first, Effpctive nineteen hundred and thirty-eight. ^^'^'
Approved February 19, 1937.
An Act relative to the disposition of income received (Jfiap. 41
AT county agricultural SCHOOLS.
Be it enacted, etc., as follows:
Section thirty of chapter seventy-four of the General Edwllao, Laws, as appearing in the Tercentenary Edition, is hereby amended, amended by striking out all after the word "treasurer" in the last line, — so as to read as follows : — Section SO. Mis- ^'fr^^ii"?" cellaneous income of the Bristol county agricultural school, the Essex county agricultural school and the Norfolk county agricultural school, including the tuition of non-resident pupils and receipts from the sale of products and work of pupils, shall be paid to the county treasurer.
Approved February 19, 1937.
of income.
An Act to enable the Middlesex county commissioners (JJidy 42 to acquire additional land for the purposes of the ^ '
district court of low^ell at lowell in said county.
Be it enacted, etc., as follows:
Section 1. The county commissioners of Middlesex county are hereby authorized to acquire by purchase, or by eminent domain under chapter seventy-nine of the General Laws, additional land adjacent to the lands owned by the said county and used for the district court of Lowell in the city of Lowell in said county, and, for said purpose, may expend out of any appropriation for county buildings a sum not exceeding fifteen thousand dollars.
Section 2. This act shall take effect upon its accept- ance during the current year by the county commissioners of said county, but not otherwise.
Approved February 19, 1937.
34
Acts, 1937. — Chaps. 43, 44.
Chap. 43 An Act making a corrective change with respect to
THE PENALTY IMPOSED FOR VIOLATION OF CERTAIN PRO- VISIONS OF LAW RELATIVE TO THE REDEMPTION OF LAND TAKEN OR SOLD FOR TAXES.
Be it enacted, etc., as follows:
Chapter sixty of the General Laws is hereby amended by striking out section one hundred and four, as appearing in the Tercentenary Edition, and inserting in place thereof the following: — Section 104- Violation by any person of the last sentence of the second paragraph of section sixty-two shall be punished by a fine of not more than one hundred dollars. Approved February 19, 1937.
G. L. (Ter. Ed.), SO, § 104, amended.
Penalty.
G. L. (Ter. Ed.),»261,i§ 4, amended.
Costs in superior court.
Chap. 44 An Act relative to costs in certain actions of tort
ARISING OUT OF THE OPERATION OF A MOTOR VEHICLE, WHERE THE PLAINTIFF DOES NOT RECOVER FINAL JUDG- MENT FOR MORE THAN ONE HUNDRED DOLLARS AS DAM- AGES.
Be it enacted, etc., as follows:
Section 1. Section four of chapter two hundred and sixty-one of the General Laws, as appearing in the Tercen- tenary Edition, is hereby amended by inserting after the word "court" in the third line the words: — , or in an action of tort arising out of the operation of a motor vehicle which has been removed by the plaintiff to the superior court under section one hundred and two A of chapter two hundred and thirty-one, — so as to read as follows: — Sec- tion 4- If, in a personal action, except an action of replevin or an action under section fifteen of chapter two hundred and fifty-three, which is commenced in the superior court, or in an action of tort arising out of the operation of a motor vehicle which has been removed by the plaintiff to the superior court under section one hundred and two A of chapter two hundred and thirty-one, the plaintiff does not recover final judgment for more than one hundred dollars as damages, he shall recover no costs, unless the right to an easement or the title to land is drawn in question and the justice before whom the action is tried so certifies, or unless the plaintiff's claim, as established on the trial, exceeds one hundred dollars and is reduced to that amount or less by set-offs which could not have been proved in payment.
Section 2. This act shall take effect on September first of the current year and shall apply only in case of actions commenced thereafter. Approved February 19, 1937.
Effective date.
Acts, 1937. — Chaps. 45, 46. 35
An Act relative to the time for filing certain accept- Chap. 45
ANCES AND CERTIFICATES OF NOMINATION.
Be it enacted, etc., as folloivs:
Section 1. Section three of chapter fifty-three of the g. l. (Ter. General Laws, as amended by section one of chapter one ^tc!'amended. hundred and sixteen of the acts of nineteen hundred and thirty-six, is hereby further amended by striking out, in the sixth and seventh lines, the words "before the last hour for filing certificates of nomination for such office", and insert- ing in place thereof the words : — within six days succeed- ing five o'clock in the afternoon of the day of holding the primaries, — so as to read as follows: — Section 3. A per- Acceptance of son whose name is not printed on a state, city or town ^InAidltT^^ primary ballot as a candidate for an office but who receives ^a°n®o"'*'^inted sufficient votes to nominate him therefor, shall file a writ- on primary ten acceptance of the nomination in the office of the state *'''"°*'- secretary or the city or town clerk, as the case may be, within six days succeeding five o'clock in the afternoon of the day of holding the primaries, otherwise his name shall not be printed on the ballot as a candidate for that office at the ensuing election.
Section 2. Section ten of said chapter fifty-three, as q. l. (Xer. most recently amended by chapter one hundred and eleven efc!! 'amended. of the acts of nineteen hundred and thirty-four, is hereby further amended by striking out the first paragraph and inserting in place thereof the following: — All certificates of Time of filing nomination and nomination papers of candidates for offices noniimftionr to be filled at a state election shall be filed on or before the ®*'^- twelfth Tuesday preceding the day of the election; but if there is a special election to fill any state office, all certifi- cates of nomination and nomination papers shall be filed on or before the fourth Tuesday preceding the day of such election. Approved February 19, 1937.
An Act authorizing the sale by county commissioners (Jhav 46
OF CERTAIN COUNTIES OF COPIES OF A COMPILATION OF county laws and COURT DECISIONS RELATIVE THERETO.
Be it enacted, etc., as follows:
The county commissioners of the several counties, ex- cept Suffolk and Nantucket, are hereby authorized to sell copies of a compilation of laws and court decisions relating to county laws now being printed in book form for said counties. Such books shall be sold at a price, substantially equal to the cost thereof, to be fixed by the director of accounts, and all receipts from such sales in any county shall be paid into the treasury thereof.
Approved February 19, 1937,
36 Acts, 1937. — Chaps. 47, 48, 49.
Chap. 47 An Act designating the new bridge over the mystic
RIVER, BETWEEN THE CITIES OF SOMERVILLE AND MED- FORD, AS THE WELLINGTON MEMORIAL BRIDGE.
Be it enacted, etc., as follows:
The new bridge constructed by the metropohtan district commission over the Mystic river, between the cities of Somerville and Medford, shall be designated and known as the WelHngton Memorial Bridge, and a suitable tablet or marker, bearing said designation shall be attached to said bridge by the commission. Approved February 19, 1937.
Chap. 48 An Act to authorize the placing of the office of
CHIEF OF police AND THE POSITIONS OF MEMBERS OF THE REGULAR OR PERMANENT POLICE FORCE OF THE TOWN OF CHELMSFORD UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of chief of police and the positions of members of the regular or permanent police force of the town of Chelmsford shall, upon the effective date of this act, become subject to the civil service laws and rules and regulations relating to police officers in towns, and the tenure of office of any chief of police or member of such police force of said town shall be unlimited, subject, how- ever, to said laws, but the chief of police and the members of the regular or permanent police force of said town on said effective date may continue to serve as such without taking a civil service examination.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town meeting in the current year in the form of the following question which shall be placed upon the official ballot to be used for the election of town officers at said meeting: "Shall an act passed by the general court in the year nineteen hundred and thirty-seven, entitled, 'An Act to authorize the placing of the office of chief of police and the positions of members of the regular or permanent police force of the town of Chelmsford under the civil service laws', be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take effect, but not otherwise. Approved February 20, 1937.
Chap. 49 An Act for the further protection of the fisheries
in the vicinity of NANTUCKET.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and eighty-four of the acts of eighteen hundred and seventy is hereby amended by striking out section one and inserting in place thereof the following: — Section 1. It shall not be lawful for any per-
Acts, 1937. — Chap. 49. 37
son or persons to take any fish with any kind of net, or to set any net for the purpose of taking any fish therewith, within the coastal waters, as defined by section one of chap- ter one hundred and twenty-nine A of the General Laws, inserted by section one of chapter three hundred and twenty- nine of the acts of nineteen hundred and thirty-three, which are adjacent to Nantucket, Tuckernuck, Smith's, Muskegat and Gravel islands, without first obtaining permission of the selectmen of Nantucket.
Section 2. Said chapter two hundred and eighty-four is hereby further amended by striking out section two and in- serting in place thereof the following: — Section 2. Every person violating any provision of this act, or of any order, by-law, rule or regulation made under authority thereof, shall forfeit and pay for each offence a sum not less than fifty nor more than five hundred dollars.
Section 3, Said chapter two hundred and eighty-four is hereby further amended by striking out section three and inserting in place thereof the four following new sections : — Section 3. The town of Nantucket is hereby authorized at any annual town meeting to adopt orders and by-laws, not repugnant to law, regulating and governing fisheries under this act, and the selectmen of said town may make rules and regulations, not repugnant to law or contrary to such orders and by-laws, if any, regulating and governing such fisheries.
Section 3A. The selectmen of the town of Nantucket shall annually, on or before March fifteenth, submit to the state supervisor of marine fisheries a list of one or more persons to serve as fish wardens under this act, and said supervisor shall, not later than April first follov/ing, appoint as fish wardens such of the persons named on said list as in his opinion are qualified to act as such, who shall be sworn by him to the faithful discharge of their duty and whose duty it shall be to prosecute for every violation of any provision of this act or of any order, by-law, rule or regulation made under authority thereof.
Section SB. Said supervisor may remove any fish warden appointed hereunder who refuses or neglects to be so sworn or who, in his opinion, fails or refuses properly to perform the duties of his office; and thereupon said supervisor may appoint another warden or wardens from the same or any further list of names submitted by the selectmen of said town as provided in the preceding section; such warden or wardens to serve for the residue of the term of the warden or wardens so removed.
Section SC. Fish wardens appointed under this act, in- cluding one to be designated chief fish warden in case more than one fish warden is so appointed, shall receive from the town such salaries and be authorized to expend for expenses such sums as the town may annually appropriate therefor.
Section 4. Said chapter two hundred and eighty-four is hereby further amended by striking out section four and in- serting in place thereof the following: — Section 4- Any
S8 Acts, 1937. —Chap. 50.
boat or vessel used, and any fish taken or held, in violation of any provision of this act or of any order, by-law, rule or regulation made under authority thereof may be seized by any fish warden appointed under this act or any person author- ized by section eleven of said chapter one hundred and twenty-nine A of the General Laws, inserted by section one of said chapter three hundred and twenty-nine of the acts of nineteen hundred and thirty-three, to seize property therein referred to, and shall be forfeited. The possession, control or tending of a net which is in contact with the waters subject to this act shall be prima facie evidence of a violation thereof.
Section 5. Said chapter two hundred and eighty-four is hereby further amended by striking out section five and inserting in place thereof the following : — Sediori 5. All fines, penalties and forfeitures recovered and received by virtue of this act shall go to, and for the use of, said town of Nantucket.
Section 6. Said town may, at its annual town meeting in the current year, by vote under articles in the warrant for said meeting, take action under the provisions of this act, and such action shall be fully effective notwithstanding that the warrant for said meeting was served prior to the passage thereof.
Section 7, This act shall take effect upon its passage.
Approved February 23, 1937.
Chap. 50 An Act authorizing the county of Middlesex to pro- vide ADDITIONAL ACCOMMODATIONS FOR THE FIRST DIS- TRICT COURT OF EASTERN MIDDLESEX.
Be it enacted, etc., as follows:
Section 1. For the purpose of providing adequate accom- modations at the county court house in the city of Maiden, the county commissioners of the county of Middlesex may make additions to and alterations in such court house, and may furnish and equip said court house as so enlarged or altered.
Section 2. For the purpose of meeting the expenses authorized under section one, the county treasurer of said county, with the approval of the county commissioners, may borrow from time to time upon the credit of the county such sums as may be necessary, but not exceeding, in the aggre- gate, eighty-five thousand dollars, and may issue temporaiy notes of the county therefor, payable in not more than one year from their date or dates of issue.
Section 3. Upon completion of the project herein au- thorized, the county treasurer shall, with the approval of the county commissioners, issue bonds or notes of the county, in a total amount not to exceed eighty-five thousand dollars, which shall bear on their face the words, Middlesex County Court House Loan, Act of 1937; and such bonds or notes
Acts, 1937. —Chaps. 51, 52. 39
shall be payable in not more than five years from their dates of issue. Such bonds or notes shall be signed by the treas- urer of said county and countersigned by a majority of the county commissioners. The county may sell the said secu- rities at public or private sale upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. Receipts from the sale of such bonds or notes shall be applied to the payment of costs of construction and to the payment of any temporary loans authorized under section two, or to either of such purposes. Indebtedness incurred under this act shall, except as herein provided, be subject to chapter thirty-five of the General Laws.
Section 4. This act shall take effect upon its acceptance, during the current year, by the county commissioners of said county. Approved Fehruanj 25, 1937.
An Act authorizing the town of dedham to use stone nfiQr) 51
PARK, so CALLED, FOR PLAYGROUND AND ATHLETIC FIELD PURPOSES.
Be it enacted, etc., as follows:
The town of Dedham is hereby authorized to use for the purposes of a public playground, under the provisions of section fourteen of chapter forty-five of the General Laws, Stone Park, so called, located in said town. The selectmen of said town, acting as park commissioners, may set apart and enclose for use as an athletic field such portion of said park as they may designate, and, subject to such terms and conditions as they may impose, may allow such field to be used for athletic games and other entertainments of a pub- lic nature, to which an admission fee may be charged.
Approved February 25, 1937.
An Act relative to the calling of special meetings of (JJidr) 52 stockholders of business corporations.
Be it enacted, etc., as follows:
Section thirty of chapter one hundred and fifty-six of the g. l. (Ter. General Laws, as appearing in the Tercentenary Edition, is amende^d.' * ^°' hereby amended by striking out, in the fourth line, the word "three" and inserting in place thereof the word: — one, — so as to read as follows : — Section 30. Special meetings of Corporations, the stockholders may be called by the president or by a mg'(if stock-' majority of the directors, and shall be called by the clerk, ^°'^«''«- or in case of the death, absence, incapacity or refusal of the clerk, by any other officer, upon written application of one or more stockholders who are entitled to vote and who hold at least one tenth part in interest of the capital stock entitled to vote at the meeting, stating the time, place and purpose of the meeting. Approved February 25, 1937.
40
Acts, 1937. — Chaps. 53, 54.
G. L. (Ter. Ed.), 94, § 8, amended.
Labelling of bread.
Chap. 53 An Act relative to the labelling op bread wrapped in
CELLOPHANE OR SIMILAR TRANSPARENT WRAPPERS.
Be it enacted, etc., as follows:
Chapter ninety-four of the General Laws is hereby- amended by striking out section eight, as appearing in the Tercentenary Edition, and inserting in place thereof the following new section: — Section 8. Unit weights, as defined in the preceding section, shall not apply to rolls or to fancy bread weighing less than four ounces, nor to loaves bearing in plain position a plain statement of the weight of the loaf and the name and business address of the manufacturer thereof. Such information shall be stated in case of wrapped bread, upon the wrapper of each loaf; provided that, when cellophane or similar transparent wrappers are employed, the director of standards may authorize the placing of a statement of such information between such transparent wrapper and the top of the loaf in such manner that such statement may be easily read through the wrapper. In the case of unwrapped bread such information shall be stated upon a printed label not larger than one by one and three quarters inches nor smaller than one by one and one half inches. No label, attached to an unwrapped loaf, shall be larger than provided herein, nor shall any such label be affixed in any manner or with any gum or paste which is unsanitary or unwholesome. When an inspection of bread is made at any bakery by the director or any inspector of standards or sealer of weights and measures, the manu- facturer of such bread, or his servants or agents, shall, upon request of the official making such inspection, inform him whether such bread is manufactured for sale in any of the standard unit weights prescribed by the preceding section and, if not so manufactured for sale in such standard unit weights, shall furnish such official with samples of the labels or wrappers intended to be used on all such loaves of other than standard unit weights.
Approved February 25, 1937.
Chap. 54 An Act authorizing the town of hull to appropriate
MONEY TO PROVIDE FACILITIES FOR HOLDING IN SAID TOWN the state CONVENTION OP THE VETERANS OF FOREIGN WARS OF THE UNITED STATES.
Be it enacted, etc., as follows:
Section 1. The town of Hull may appropriate a sum not exceeding two thousand dollars, for the purpose of providing proper facihties for pubhc entertainment at the time of the state convention of the Veterans of Foreign Wars of the United States, to be held in said town during the current year, and of paying expenses incidental to such entertain-
Acts, 1937. — Chaps. 55, 56. 41
ment. Money so appropriated shall be expended under the direction of the selectmen of said town.
Section 2. This act shall take effect upon its passage.
Approved February 26, 1937.
An Act authorizing the town of essex to vote at its nhnjy 55 current annual town meeting on the question of ^'
granting licenses for the retail sale in said town of wines and malt beverages.
Be it enacted, etc., as follows:
Section 1. The town clerk of the town of Essex shall place upon the official ballot to be used for the election of town officers at its annual town meeting in the current year the second question set forth in section eleven of chapter one hundred and tliirty-eight of the General Laws, as amended by section one of chapter two hundred and seven of the acts of nineteen hundred and thirty-six. The selectmen of said town are hereby authorized and directed to warn the inhabit- ants of said town relative to the aforesaid question by serv- ing as early as possible before such meeting a supplementary warrant containing an appropriate article relative thereto. If a majority of the votes cast in said town in answer to said question is in the affirmative, such town shall be taken to have authorized for the remainder of the calendar year nine- teen hundred and thirty-seven and for the calendar year nineteen hundred and thirty-eight, the retail sale therein of wines and malt beverages only, to be drunk on and off the premises where sold, in accordance with the provisions of said chapter one hundred and thirty-eight. The provisions of the General Laws relative to the ascertainment of the re- sult of the votes at state elections and returns thereof shall, so far as practicable, apply to the vote taken hereunder.
Section 2. This act shall take effect upon its passage.
Approved February 26, 1937.
An Act further modifying the requirements for mak- Qfidj) 56
ING certain railroad BONDS LEGAL INVESTMENTS FOR SAVINGS BANKS, INSTITUTIONS FOR SAVINGS AND TRUST COMPANIES IN THEIR SAVINGS DEPARTMENTS.
Whereas, The deferred operation of this act would tend to Emergency defeat its purpose, therefore it is hereby declared to be an p'"'^^'"^''' emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section I. Section two of chapter eighty-four of the acts of nineteen hundred and thirty-six is hereby repealed.
Section 2. Wherever in clauses third and sixteenth of section fifty-four of chapter one hundred and sixty-eight of the General Laws a number of fiscal years is mentioned, the fiscal years beginning in the years nineteen hundred and
42 Acts, 1937. — Chap. 57.
thirty-one to nineteen hundred and thirty-seven, both in- elusive, shall be excluded from the count, if the inclusion of such years or any one or more of them would render the security of any railroad ineligible for investment, and all railroad securities which were eligible for investment by sav- ings banks on January first, nineteen hundred and thirty- one, or have become eligible for such investment since that date, or shall hereafter, prior to April first, nineteen hundred and thirty-nine, become eligible for such investment, shall continue to be eligible for such investment until April first, nineteen hundred and thirty-nine; provided, however, that the securities of a railroad company defaulting at any time between January first, nineteen hundred and thirty-one, and March thirty-first, nineteen hundred and thirty-nine, both dates inclusive, in the payment of matured principal or interest of any of its mortgage or funded indebtedness shall not be eligible for such investment.
Approved February 26, 1937.
Chap. 57 An Act providing for the functioning of retirement
BOARDS IN CERTAIN CITIES AND TOWNS PRIOR TO THE TIME WHEN CONTRIBUTORY RETIREMENT SYSTEMS BECOME OPERATIVE THEREIN.
pr'^ambk!^ Whcj-eas, The deferred operation of this act would tend
to defeat its purpose, therefore it is hereby declared to be an emergency law, necessary for the immediate preserva- tion of the pubHc convenience.
Be it enacted, etc., as follows:
Edo.'32!^§'3iF. Section 1. Clause (6) of section thirty-one F of chap- ameAded. ' ter thirty-two of the General Laws, as appearing in sec- tion one of chapter three hundred and eighteen of the acts of nineteen hundred and thirty-six, is hereby amended by striking out, in the fourth fine, the words "commencing on" and inserting in place thereof the word : — from, — so as to read as follows : — Membership Q^-^ Qj^g pcrsou to bc appointed, in a city, by the mayor,
subject to confirmation by the board of aldermen, or, in a town, by the selectmen, to serve for a term of three years from the date when the system becomes operative, and until the qualification of his successor, and Ed^iJl'aiF Section 2. Said section thirty-one F of said chapter further ' ' thirty-two, as so appearing, is hereby further amended by amended. inserting after the word "successor" in the thirteenth line
the following new paragraph : — Pstem^oes (1"^) ^^ ^ ^^^^ ^^ towu not haviug a contributory re-
into operation, tircmeut systcm in which a contributory retirement system under sections twenty-six to thirty-one H, inclusive, is es- tablished by certificate of the commissioner of insurance, the board may commence to function at any time after the issue of such certificate but, until the system becomes op- erative therein, shall consist only of the officer specified
Acts, 1937. — Chap. 58. 43
in clause (o) of paragraph (1) of this section and a person appointed in the manner provided by clause (b) of said paragraph (1).
Section 3. Paragraph (3) of section thirty-one I of said Si^-.^T%o,t chapter thirty-two, as so appearing, is hereby amended by amended. striking out the second sub-paragraph and inserting in place thereof the following : —
The city or town clerk shall file in the office of the com- Acceptance missioner of insurance a copy of the vote of the city council provisions. or of the selectmen, certified by the city or town clerk, and a certificate of the vote at the city or state election, or at the town meeting, sworn to by the city or town clerk or elec- tion commissioners or officers corresponding thereto, within thirty days after the date of the latter vote or after the date of the vote of the city council or selectmen, in any case where no acceptance by the qualified voters is required. Said commissioner shall forthwith issue to the mayor or selectmen a certificate, either that the system, or that a retirement system for policemen and firemen, or for mem- bers of the poHce and fire departments, as the case may be, is established in said city or town by such votes or vote, and said system shall become operative therein, to the ex- tent so voted, on the first day of January or July, which- ever first occurs, following the expiration of three months after the date of the certificate of said commissioner estab- lishing such system, but otherwise said sections twenty-six to thirty-one H, inclusive, shall be operative upon the date of the latter certificate.
Section 4. In any city or town which accepted said Temporary sections twenty-six to thirty-one H, inclusive, of chap- p''°^''*'°'^^- ter thirty-two of the General Laws at the biennial state election in the year nineteen hundred and thirty-six, the contributory retirement system established upon such ac- ceptance shall become operative upon the first day of July following the expiration of three months after the date of the certificate of the commissioner of insurance estabhshing such system but otherwise the provisions of said sections as amended by sections one and two of this act shall be opera- tive upon its passage, notwithstanding the provisions of section seven of chapter three hundred and eighteen of the acts of nineteen hundred and thirty-six.
Approved February 26, 1937.
An Act relative to the construction of certain main Qhav 58
AND particular SEWERS IN THE SOUTHEASTERLY SECTION OF THE CITY OF MELROSE.
Be it enacted, etc., as follows:
Section 1. The city of Melrose, acting through its board of aldermen, is hereby authorized to assess upon the owners of estates which derive particular benefit or advantage from any system of main drains and common sewers which may be
44 Acts, 1937. — Chap. 58.
constructed by said city, with the aid of federal funds, in that portion of the southeasterly section of said city shown as Part One on a plan entitled "Plan Showing Proposed Sewer Extensions in Southeast Section, Melrose, Mass., in Two Parts, Public Works Department, City of Melrose, Sept. 12, 1933, Fred E. EUis, Engr. and Supt.", sums equal, in the aggregate, to not more than one half of so much of the cost of such construction as is paid by said city from funds other than those made available by the federal government, at a fixed uniform rate according to both frontage and area, as authorized by section fifteen of chapter eighty-three of the General Laws, any provision of any general or special law or of any ordinance of said city to the contrary notwithstand- ing.
Section 2. Assessments under the preceding section shall be levied and collected in accordance with the provi- sions of chapter eighty-three of the General Laws; provided, that such assessments shall bear interest at a rate not more than one per cent in excess of the rate which said city shall pay for a loan for the purposes of said sewer system, but, in no case, more than six per cent, from the thirtieth day after the assessments have been committed to the collector; and, provided further, that the maximum number of portions into which the assessments may be apportioned under section thirteen of chapter eighty of the General Laws shall be twenty instead of ten. Interest on any amount of such as- sessments remaining unpaid shall be computed in the manner hereinbefore provided.
Section 3. The time of the payment of assessments made under this act may be extended as provided in section nineteen of said chapter eighty-three; provided, that when- ever the time for the payment of any assessment is so ex- tended for a definite period and the land to which such as- sessment relates is not built upon at the expiration of such time, the time may be further extended as determined by the board of aldermen. If the time for payment of assess- ments is so extended, no demand for payment thereof shall be made by the collector within six months after the termina- tion of such definite period or after such land is built upon, whichever occurs first, and within said six months the assess- ments may be apportioned under said section thirteen of chapter eighty of the General Laws, as affected by section two of this act.
Section 4. The said city of Melrose, acting through its engineer and superintendent of public works, may, upon apphcation of the owner of any estate abutting on any way where a sewer is constructed in the southeasterly section of said city referred to in section one of this act, lay in such sewered way and in the private land of such owner such particular sewer or connecting drain as may be necessary to connect any building on such estate with such main drain or sewer, and said officer may make all necessary contracts in the name of and in behalf of said city for such purpose.
Acts, 1937. — Chap. 59. 45
The expenses thereof shall be paid out of any appropriation that may be made by the board of aldermen therefor.
Section 5. The cost of constructing each particular sewer or connecting drain shall be assessed by the said engineer and superintendent of pubhc works upon the estate benefited thereby. Such assessment shall be made by fihng with the board of assessors of the city a certificate, designat- ing the way and the private land in which such particular sewer or connecting drain has been constructed, and giving the name or names of the owners of the estate for which such connection has been made and the amount of the assessment to be paid by such owner or owners. A copy or duplicate of this certificate shall, within ten days after the filing of the same with the board of assessors, be recorded in the registry of deeds for the southern district for the county of Middle- sex, or, in the case of registered land, filed in the office of the assistant recorder for the Middlesex county registry district. The board of assessors shall, upon receipt of such certificate, forthwith commit such assessments or charges with their warrant to the collector of taxes, who shall forthwith make a demand in writing for the payment of such assessments or charges, and every owner shall, within three months after such demand is served upon him or upon the occupant of the estate, or sent by mail to the last known address of the owner known to the collector of taxes, pay to the collector of taxes the sum assessed or charged under this section.
Section 6. Except as herein provided, the provisions of general law relative to the assessment, apportionment, divi- sion, re-assessment, abatement and collection of sewer as- sessments, to liens therefor and to interest thereon shall apply to assessments for particular sewers made under this act. In applying said provisions to assessments so made for par- ticular sewers, the notice therein referred to shall be deemed to be the demand of the tax collector required by section five hereof. The lien for any assessment for particular sewers made under this act shall attach upon the recording or filing for registration of the copy or dupHcate of the certificate of assessment.
Section 7. This act shall take effect upon its acceptance, within two years after its passage, by the board of aldermen of the city of Melrose, subject to the provisions of its charter.
Approved February 26, 1937.
An Act relative to the destruction of certain old Chav. 59
PAPERS AND documents IN CIVIL ACTIONS IN DISTRICT COURTS AND TO THE SAFEGUARDING OF RECORDS, PAPERS AND DOCUMENTS IN SUCH COURTS.
Be it enacted, etc., as follows:
Chapter two hundred and eighteen of the General Laws g. l. (Ter. is hereby amended by striking out section thirteen, as appear- ame^did.' * ^^' ing in the Tercentenary Edition, and inserting in place thereof
46 Acts, 1937. —Chaps. 60, 61.
S^oidTou°t ^^^ following: — Section 13. Any district court may destroy documents. complaints, warrants, documents and other papers in crim- inal cases, and writs, declarations, petitions and other papers in civil causes, filed in said court as completed business for not less than twenty years, except dockets and record books, and shall enter the fact of such destruction upon the records of the court. Thereafter the dockets and record books and the minutes and entries therein shall be admissible as evi- dence of the facts stated therein.
The records, papers and documents of district courts may, subject to the approval of the supervisor of public records, be stored and kept in fireproof rooms, vaults and safes, provided by the county commissioners in the towns where the courts are respectively situated, or in the county court houses. Approved February 26, 1937.
Chap, 60 An Act authorizing the town of Plymouth to pension
LINCOLN S. WIXON.
Be it enacted, etc., as follows:
Section 1. For the purpose of promoting the pubHc good and in consideration of his long and meritorious service, the town of Plymouth may retire Lincoln S. Wixon, who served the town faithfully for over twenty-five years in its police department and is now permanently disabled for further per- formance of duty, on an annual pension, payable monthly, equal to one half the salary received by him during the last year of his active service.
Section 2, This act shall take effect upon its acceptance during the current j^ear by vote of the selectmen of said town, but not otherwise. Approved February 26, 1937.
Chap. 61 An Act authorizing the county commissioners of Plym- outh COUNTY TO CONSTRUCT AN ELEVATED WATER TANK AND CONNECTIONS FOR PROVIDING BETTER FIRE PROTEC- TION AT THE PLYMOUTH COUNTY TUBERCULOSIS HOSPITAL AND FOR THE SURFACING OF THE DRIVEWAY AND PARKING SPACE ON THE PROPERTY OF SAID HOSPITAL.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing an elevated water tank and connections for providing better fire protec- tion at the Plymouth county tuberculosis hospital in the town of Hanson and for surfacing the driveway and parking space on the property of said hospital, the county commissioners of Plymouth county may expend a sum not exceeding sixteen thousand dollars.
Section 2, For the purposes aforesaid, the treasurer of said county, with the approval of the county commissioners, may borrow upon the credit of the county such sums as may be necessary, not exceeding, in the aggregate, sixteen thou- sand dollars, and may issue notes of the county therefor,
Acts, 1937. — Chap. 62. 47
which shall bear on their face the words, Plymouth County Tuberculosis Hospital Loan, Act of 1937; and such notes shall be payable in not more than four years from their dates. Such notes shall be signed by the treasurer of the county and countersigned by a majority of the county commissioners. Said securities may be sold at public or private sale upon such terms and conditions as the said treasurer and county commissioners may deem proper, but not for less than their par value. All money so borrowed shall be deposited in the county treasury and the county treasurer shall pay out the same as ordered by the county commissioners. The county treasurer shall keep a separate account of all money so bor- rowed and expended. Indebtedness under this act shall, except as herein provided, be subject to chapter thirty-five of the General Laws. All sums necessary to meet interest paj^ments on notes issued under this act and payments on account of principal as the same mature shall be assessed upon the twenty-six towns and one city of said county con- stituting the hospital district, with other assessments made under section eighty-five of chapter one hundred and eleven of the General Laws.
Section 3. This act shall take effect upon its acceptance during the current year by the county commissioners of the county of Plymouth, but not otherwise.
Approved February 26, 1937.
An Act authorizing the county commissioners of plym- Chap. 62
OUTH county to CONSTRUCT AN ELEVATED TANK FOR WATER SUPPLY AND TO MAKE CERTAIN OTHER IMPROVE- MENTS AT THE COUNTY JAIL AND HOUSE OF CORRECTION AT PLYMOUTH.
Be it enacted, etc., as follows:
Section L For the purpose of providing better fire pro- tection, installing modern sanitary toilet facilities, construct- ing an elevated water tank and connections, and surfacing driveways, at the jail and house of correction at Plymouth, the county commissioners of Plymouth county may expend a sum not to exceed thirty-five thousand dollars.
Section 2. For the purposes aforesaid, the treasurer of said county, with the approval of the county commissioners, may borrow upon the credit of the county such sums as may be necessary, not exceeding, in the aggregate, thirty-five thousand dollars, and may issue notes of the county therefor, which shall bear on their face the words, Plymouth County Jail and House of Correction Loan, Act of 1937. Each authorized issue shall constitute a separate loan and such loans shall be payable in not more than five years from their dates. Such notes shall be signed by the treasurer of the county and countersigned by a majority of the county com- missioners. The county may sell the said securities at public or private sale upon such terms and conditions as the county
48 Acts, 1937. — Chap. 63.
commissioners may deem proper, but not for less than their par value. Indebtedness incurred hereunder shall, except as herein provided, be subject to chapter thirty-five of the Gen- eral Laws.
Section 3. The county treasurer, with the approval of the county commissioners, may issue temporary notes of the county, payable in not more than one year from their dates, in anticipation of the issue of serial notes under this act, but the time within which such serial notes shall become due and payable shall not, by reason of such temporary notes, be extended bej^ond the time fixed by this act. Any notes issued in anticipation of the serial notes shall be paid from the proceeds thereof.
Section 4. This act shall take effect upon its acceptance during the current year by the county commissioners of the county of Plymouth, but not otherwise.
Approved February 26, 1937.
Chap. 63 An Act authorizing the county commissioners of the
COUNTY OF PLYMOUTH TO ACQUIRE PROPERTY FOR THE USE OF THE SECOND DISTRICT COURT OF SAID COUNTY, LOCATED IN THE TOWN OF HINGHAM.
Be it enacted, etc., as folloivs:
Section 1. The county commissioners of the county of Plymouth may acquire by purchase or otherwise the build- ing and lot at Hingham in said county now leased by said county and occupied by the second district court of Plym- outh, together with an adjoining lot, for use by said court, and may expend for such purposes a sum not exceeding sixty-five thousand dollars.
Section 2. For the purposes aforesaid, the treasurer of said county, with the approval of the county commissioners, may borrow upon the credit of the county such sums as may be necessary, not exceeding, in the aggregate, sixty-five thousand dollars, and may issue notes of the county therefor, which shall bear on their face the words, Plymouth County Court House Loan, Act of 1937. Each authorized issue shall constitute a separate loan and such loans shall be payable in not more than five years from their dates. Such notes shall be signed by the treasurer of the county and countersigned by a majority of the county commissioners. The county may sell the said securities at public or private sale upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. Indebtedness incurred hereunder shall, except as herein provided, be sub- ject to chapter thirty-five of the General Laws.
Section 3. The county treasurer, with the approval of the county commissioners, may issue temporary notes of the county, payable in not more than one year from their dates, in anticipation of the issue of serial notes under this act, but the time within which such serial notes shall become due
Acts, 1937. — Chap. 64. 49
and payable shall not, by reason of such temporary notes, be extended beyond the time fixed by this act. Any notes issued in anticipation of the serial notes shall be paid from the proceeds thereof.
Section 4, This act shall take effect upon its acceptance during the current year by the county commissioners of the county of Plymouth, but not otherwise.
Approved February 26, 1937.
An Act further regulating the return or recovery (Jjmj) g4
OF CERTAIN MONEY REQUIRED TO BE PAID TO COUNTY ^'
TREASURERS.
Be it enacted, etc., as follows:
Section 1. Section twenty-five of chapter twelve of the g. l. (Ter. General Laws, as appearing in the Tercentenary Edition, ^.ueAdla.* "^' is hereby amended by striking out, in the thirteenth and fourteenth fines, the words "any unexpended balance of such money shall be paid to the county treasurer" and in- serting in place thereof the following : — the difference be- tween the amount advanced as aforesaid and the amount of the vouchers so approved shall be paid to the county treasurer within thirty days after such return, — so as to read as follows : — Section 25. Money to be used for the Counties may necessary expenses to be incurred by officers, under the expe^et oT^"'" direction of a district attorney, in going outside of the district _at- commonwealth for the purpose of searching for, or bring- officer. ing back for trial, persons under indictment in any county in the district of said district attorney shall be advanced by the treasurer of that county, upon the presentation of a certificate signed by the district attorney and approved in the manner provided in the preceding section for approving bills incurred by district attorneys. After their return, such ofiicers shall account for such money by filing with the county treasurer itemized vouchers duly sworn to, approved by the district attorney and also approved in the manner provided in the preceding section for approving bills in- curred by district attorneys. Such vouchers shall show the necessary expenses so incurred, and the difference between the amount advanced as aforesaid and the amount of the vouchers so approved shall be paid to the county treasurer within thirty days after such return.
Section 2. Section twenty-one of chapter thirty-five of ej^'"^J%'2i the General Laws, as so appearing, is hereby amended by amended. inserting after the word "officer" in the first line the words: — , or other person, — so as to read as follows: — Section County treas- 21. If a pubHc ofiicer, or other person, required by law to dLTnJt attir^ account with and pay money to a county treasurer, fails so "'^y °^ persons to do for ten days after the time prescribed by law therefor, to money the treasurer shall notify the district attorney, who shall p'*>""«"*»- forthwith proceed to recover the sum due.
Approved February 26, 1937.
50 Acts, 1937. — Chaps. 65, 66.
Chap. 65 An Act providing for the taking or other acquisition
BY THE TOWN OF NANTUCKET OF CERTAIN LAND THEREIN FOR THE IMPROVEMENT OF THE FISHERIES OF SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The town of Nantucket, acting by its board of selectmen, is hereby authorized and directed to take by eminent domain under chapter seventy-nine of the Gen- eral Laws, or acquire by purchase or otherwise, for the purpose of improving the fisheries of said town, a certain parcel of land situated in said town, and bounded and de- scribed as follows: — northeasterly by the Atlantic ocean; southeasterly by Lot A-1 on land court plan No. 10990-B filed with certificate of title No. 2129, being land now or formerly of James A. Backus, held under said certificate of title; southwesterly by Nantucket harbor; and north- westerly by land, now or formerly of James A. Backus et al., the boundary line beginning at a point on Nantucket harbor now marked by a land court bound situated at the north- west corner of Lot C on land court plan No. 10990-A filed with said certificate of title and thence running north- easterly, true meridian, to the waters of the Atlantic ocean.
Section 2. For the purpose of providing funds for the taking or other acquisition of land under the provisions of section one, the treasurer of said town, with the approval of the selectmen, may make a temporary loan for a period not exceeding one year; and the assessors of said town shall, in the year following the issuing of such loan, include the amount represented thereby in the tax levy of the town for that year unless payment thereof is otherwise provided for.
Section 3. This act shall take full effect upon its accept- ance by a majority of the registered voters of the town of Nantucket voting thereon at any annual town meeting held within three years after its passage, or at any special town meeting called for the purpose within said period. If sub- mitted at any such annual town meeting it shall be in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers: — "Shall an act passed by the general court in the year nineteen hundred and thirty-seven, entitled 'An Act pro- viding for the taking or other acquisition by the town of Nantucket of certain land therein for the improvement of the fisheries of said town', be accepted?"
Approved February 26, 1937.
Chap. 66 An Act requiring applicants for registration as vet- erinarians to be citizens of the united states.
Be it enacted, etc., as follows:
EdV' iTr§ 55 Section fifty-five of chapter one hundred and twelve of amended.' ' the General Laws, as appearing in the Tercentenary Edition,
Acts, 1937. — Chaps. 67, 68. 51
is hereby amended by inserting after the word "over" in the third hne the words : — who is a citizen of the United States, — so as to read as follows: — Section 55. Applica- Examination tions for registration hereunder, signed and sworn to by the t/J,n ^f '®*'^''' applicant, shall be made upon blanks furnished by the board, veterinarians. Any applicant twenty-one years of age or over who is a citi- zen of the United States shall, upon payment of fifteen dollars, be entitled to examination, and, if found qualified by the board, shall be registered as a veterinarian and shall receive a certificate thereof, signed by its chairman and secretary. Any applicant failing to pass a satisfactory ex- amination may be re-examined at any regular meeting of the board within two years thereafter, without additional fee, and thereafter may be examined at any such meeting upon payment of fifteen dollars for each examination. The board, after a hearing, may revoke any certificate issued by it to any veterinarian convicted of a crime in the practice of his profession and cancel his registration.
Approved February 26, 1937.
Chap. 67
An Act concerning the sale and taxation of the "old
COURT house property", SO CALLED, IN GREENFIELD, OWNED BY THE COUNTY OF FRANKLIN.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of chapter four hundred and forty-nine of the acts of nineteen hundred and thirty-one, the county commissioners of the county of Franklin are hereby authorized to sell the "old court house property", so called, for such price as they, in their discre- tion, deem to be proper and for the best interests of said county.
Section 2. During such time as the county of Franklin continues to own the "old court house property", so called, and receives no rent or other income thei'efrom, said property shall be exempt from taxation.
Approved February 26, 1937.
An Act providing that the chairman of the planning Qhn'r) gc
BOARD OF THE TOWN OF NEEDHAM BE A TOWN MEETING ^'
MEMBER AT LARGE OF SAID TOWN.
Be it enacted, etc., as follows:
Section three of chapter two hundred and seventy-nine of the acts of nineteen hundred and thirty-two is hereby amended by inserting after the word "assessors" in the tenth line the words : — , the chairman of the planning board, — so that the first paragraph will read as follows: — Any representative town meeting held under the provisions of this act, except as otherwise provided herein, shall be limited to the voters elected under section two, together with the following, designated as town meeting members at
52 Acts, 1937. — Chaps. 69, 70.
large; namely, any member of the general court of the com- monwealth from the town, the moderator, the town clerk, the members of the board of selectmen, the town treasurer, the town counsel, the chairman of the school committee, the chairman of the finance committee, the chairman of the board of assessors, the chairman of the planning board, and the chairman of the board of health. The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, the notices to be sent by mail at least seven days before the meeting. Approved February 26, 1937.
Chap. 69 An Act authorizing the county commissioners of essex
COUNTY TO PURCHASE ADDITIONAL LAND IN THE CITY OF LAWRENCE TO BE USED FOR THE PURPOSES OF THE ESSEX COUNTY TRAINING SCHOOL.
Be it enacted, etc., as follows:
Section 1. The county commissioners of Essex county are hereby authorized to purchase additional land in the city of Lawrence to be used for the purposes of the Essex county training school, and may expend therefor out of the appropriation for county buildings for said county for the current year a sum not exceeding three thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved March 4, 1937.
Chap. 70 An Act relative to the retirement of permanent mem- bers of the police department of the town of WEY- MOUTH AND VALIDATING CERTAIN ACTION TAKEN BY SAID TOWN AND ITS OFFICIALS IN RELATION THERETO.
Be it enacted, etc., as follows:
Section 1. The action of the town of Weymouth at its annual town election in the year nineteen hundred and twenty-five in voting to accept so much of section eighty- five of chapter thirty-two of the General Laws as relates to the permanent members of the police department of said town, and all action purportedly taken by the officials of said town under said section, are hereby confirmed and made valid in so far as the same were invalid for the reason that said section was so limited in its application and was not accepted in the manner authorized by law, and the pro- visions of said section eighty-five, so far as they relate to permanent members of the police department of said town, shall continue to be operative therein, subject to the provi- sions of section eighty-five C of said chapter thirty-two.
Section 2. This act shall take effect upon its passage.
Approved March 4, 1937.
Acts, 1937. —Chap. 71. 53
An Act providing for removing or placing under- fUajj 71
GROUND CERTAIN OVERHEAD WIRES AND ELECTRICAL AP- ^ '
PLIANCES IN THE TOWN OF WINCHESTER.
Be it enacted, etc., as follows:
Section 1. The board of selectmen of the town of Win- chester shall have exclusive authority to order and to cause to be removed from above the surface of Common street in said town all telegraph or telephone and electric light, elec- tric motor and power, and all other wires, cables or con- ductors in said street and above the surface thereof, together with all poles and structures in said street used for the sup- port of such wires, cables or conductors, and to order and to cause all such wires, cables and conductors to be placed, and thereafter maintained and operated, in underground conduits.
Section 2. In ease of any order for removal under authority of section one of this act, or at any time upon application of any person lawfully maintaining or using any wires in said Common street for authority to place such wires underground, the board of selectmen of said town shall grant all necessary permits for placing, maintaining and operating such wires, cables and conductors and any other necessary appurtenances in underground conduits, and for constructing and maintaining manholes, subject to the bj'-laws of said town, and the superintendent of streets or other officer having charge of the highways of said town shall issue all permits for opening and occupying the streets, or portions thereof, to accomplish said purposes.
Section 3. No person shall erect, place or maintain any poles or other structures for the support of any wires, cables or conductors in said Common street, or in any portion thereof, after the overhead wires, cables or conductors shall have been removed therefrom pursuant to this act, except temporarily, in case of emergency, and with the consent in each instance of the board of selectmen of said town. If, after the expiration of the time prescribed by section four of this act for the removal of all overhead wires, cables, conductors, poles and structures in said Common street, there shall remain in said street, or any portion thereof, any wires, cables, conductors, poles or structures, required by this act to be removed or placed underground, or both, said board of selectmen shall cause the same to be removed forthwith, and the town may by proper action collect from the owners or users thereof any expense involved in such removal.
Section 4. Every owner or user of overhead wires, cables or conductors, and poles and other structures for the sup- port thereof, in said Common street shall, prior to the first day of September in the current year, remove therefrom all such overhead wires, cables and conductors, and such poles and other structures, owned or used by him, and construct
54
Acts, 1937. — Chaps. 72, 73.
in said street all necessary underground conduits and ducts, and manholes, and remove thereto such wires, cables and conductors as he shall desire to continue to use in said street.
Section 5. The superior court shall have jurisdiction in equity to enforce the provisions of this act or of any order passed thereunder.
Section 6. This act shall take effect upon its passage.
Approved March 4, 1937.
Chap. 72 An Act designating the new bridge to be constructed
OVER THE CONNECTICUT RIVER BETWEEN NORTHAMPTON AND HADLEY as THE CALVIN COOLIDGE MEMORIAL BRIDGE.
Be it enacted, etc., as follows:
The new bridge authorized to be constructed over the Connecticut river between Northampton and Hadley under the provisions of chapter four hundred and thirty-three of the acts of nineteen hundred and thirty-six shall be known and designated as the Calvin Coolidge Memorial Bridge. A suitable tablet or marker bearing said designation shall be attached to said bridge, upon its completion, by the depart- ment of public works. Approved March 4, 1937.
G. L. (Ter. Ed.). 101, § 19. etc., amended.
Regulation of sale of song sheets by minors.
Chap. 73 An Act relative to the sale of song sheets, so called,
BY MINORS.
Be it enacted, etc., as follows:
Section nineteen of chapter one hundred and one of the General Laws, as amended by chapter one hundred and four- teen of the acts of nineteen hundred and thirty-four, is hereby further amended by inserting after the word "periodicals" in the eighteenth line the words: — and song sheets, so called, — so as to read as follows: — Section 19. The aldermen or selectmen may make regulations consistent with the general laws relative to the exercise of the trade of bootblacking by minors, and to the sale or barter by minors of any goods, wares or merchandise the sale of which is permitted without a license by section seventeen, and may prohibit such trade or such sales, or may require a minor to obtain from them a permit therefor to be issued on terms and conditions pre- scribed in such regulations; provided, that in the case of girls under the age of eighteen years and of boys under the age of sixteen years the foregoing powers in cities shall be vested in and exercised by the school committee. No permit issued to a minor under this section nor badge issued to him under sec- tions sixty-nine to seventy-three, inclusive, of chapter one hundred and forty-nine shall authorize the sale by a minor of any article, other than those which may be sold without a license under section seventeen, except that a badge so issued may authorize, in addition, the sale of magazines and other periodicals and song sheets, so called. A minor who sells such article or exercises such trade without a permit, if one is re-
Acts, 1937. — Chaps. 74, 75. 55
quired, or who violates the conditions of his permit or any pro- vision of said regulations, shall be punished by a fine of not more than ten dollars. Approved March 4) 1937.
Chap. 74
An Act relative to fees for sealing certain scales and
CERTAIN liquid CAPACITY MEASURES.
Be it enacted, etc., as follows:
Chapter ninety-eight of the General Laws is hereby q. l. (Ter. amended by striking out section fifty-six, as amended by j^se'et^c.. chapter ninety-eight of the acts of nineteen hundred and amended, thirty-four, and inserting in place thereof the following: — Section 56. Except as otherwise provided, sealers shall ^^1^^°^ receive the following fees for sealing the following weighing or measuring devices : —
(a) Each scale with a weighing capacity of five thousand to ten thousand pounds, one dollar.
(6) Each scale with a weighing capacity of more than ten thousand pounds, two dollars.
(c) Each liquid capacity measure, except vehicle tanks, of the capacity of more than one gallon, ten cents.
(d) Each liquid-measuring meter, except water meters, the diameter of the inlet pipe of which is one inch or less, fifty cents; and for each such meter the diameter of the inlet pipe of which is more than one inch, one dollar.
(e) All other scales, balances, and measures on pumps, ten cents each.
(/) Each taximeter, or measuring device used upon vehicles for determining the cost of transportation, one dollar.
{g) Each machine or other device used for determining the measurement of leather, one dollar.
{h) Milk bottles or jars, fifty cents per gross.
(i) Vehicle tanks used in the sale of commodities by liquid measure and having a capacity of one hundred gallons or less, one dollar. For each additional one hundred gallons or frac- tion thereof, an additional fee of fifty cents shall be received. When a vehicle tank is subdivided into two or more compart- ments, each compartment shall, for the purposes of this sec- tion, be considered as a separate tank.
(ji) All weights and other measures, three cents each. They shall also receive reasonable compensation for necessary re- pairs, alterations and adjustments made by them.
Approved March 4, 1937.
An Act authorizing the town of rehoboth to receive z^/,^^ nr.
AND ADMINISTER THE PROPERTY OF THE BAKER AND HOR- ^'
TON CEMETERY ASSOCIATION IN SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The Baker and Horton Cemetery Associa- tion, a corporation duly incorporated under chapter seventy- nine of the acts of eighteen hundred and eighty-two and
56 Acts, 1937. — Chap. 75.
situated in the town of Rehoboth, hereinafter called the cor- poration, is hereby empowered and authorized to convey and transfer to said town, and said town is hereby authorized and empowered to receive, and thereafter to hold and maintain, but for cemetery purposes only, and subject to all rights heretofore existing in any burial lots, the real and personal property of the corporation not subject to any trust, and thereupon, and upon the transfer of the trust funds as here- inafter provided, the corporation shall be dissolved; and the cemetery of the corporation shall be and become a public burial place, ground or cemetery.
Section 2. In so far as authorized by a decree of a court of competent jurisdiction and in compliance with the terras and conditions of such decree, said town may receive from the corporation a conveyance and transfer of, and administer, all funds or other property held by the corporation in trust for the perpetual care of the lots in its cemetery and for other purposes, and also any property devised or bequeathed to the corporation under the will of any person living at the time of said transfer or convej^ance or under the will of any de- ceased person not then probated. Interest and dividends accruing on funds deposited in trust with any savings bank, under authority of section thirty-seven or thirty-eight of chapter one hundred and sixty-eight of the General Laws, or with any other banking institution, for the benefit of the corporation, or of any lots in its cemetery, may, after such conveyance, be paid by such bank or institution to the treas- urer of said town; and upon such payment said treasurer shall use the same for the purposes of said trusts.
Section 3. All real and personal property and property rights, acquired by said town from the corporation under authority of section one shall be held and managed by said town in the same manner in which cities and towns are au- thorized by law to hold and manage property for cemetery purposes; provided, that all rights which any persons have acquired in its cemetery or lots therein shall remain in force to the same extent as if this act had not been passed and such transfer had not occurred. The records of the corporation shall be delivered to the clerk of said town and such clerk may certify copies thereof.
Section 4. This act shall take full effect upon its accept- ance by a majority of the registered voters of the town of Rehoboth voting thereon at a regular or special town meet- ing of said town not later than the regular town meeting in the year nineteen hundred and thirty-eight.
Approved March 4, 1937.
Acts, 1937. — Chaps. 76, 77. 57
An Act constituting imprisonment for five years or (JJiQ/n 'JQ
MORE IN A FEDERAL PENAL INSTITUTION OR ANY PENAL OR REFORMATORY INSTITUTION IN THIS OR ANY OTHER STATE AS A CAUSE FOR DIVORCE.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and eight of the Gen- g. l. (Ter. eral Laws is hereby amended by striking out section two, as ameAde°d' ^ ^' appearing in the Tercentenary Edition, and inserting in place thereof the following : — Section 2. A divorce may also be Certain causes decreed if either party has been sentenced to confinement for ^°'" '^'^°'''=<'- life or for five j^ears or more in a federal penal institution or in a penal or reformatory institution in this or any other state; and, after a divorce for such cause, no pardon granted to the party so sentenced shall restore such party to his or her con- jugal rights.
Section 2. This act shall take effect on October first of Effective the current year. Approved March 4, 1937.
An Act providing for absent voting at regular town Chav. 77
ELECTIONS.
Be it enacted, etc., as follows:
Section 1. Chapter fifty-four of the General Laws is g. l. (Ter. hereby amended by striking out section one hundred and fto3Af'eto., three A, inserted by section one of chapter three hundred and amended, thirteen of the acts of nineteen hundred and thirty-three, and inserting in place thereof the following: — Section 103 A. ^^l^^*" Sections eighty-six to one hundred and three, inclusive, of this chapter and sections twenty-seven and thirty-four of chapter fifty-six shall, so far as applicable, apply to regular city elec- tions in any citj' which accepts this section by vote of its city council, subject to the provisions of its charter, and to regular town elections in any town which accepts this section at any annual meeting or any special town meeting held not less than ninety days before an annual meeting. All the rights, powers, duties and obligations conferred and imposed upon the state secretary by said sections shall, with respect to said city and town elections, be exercised and performed by the clerk of such city or town, and, in construing said sections for the purposes of this section, any reference to state elections shall be considered as referring to said city or town elections in such city or town.
In each such city which holds its regular city election annually, or which holds such election biennially in the even numbered years, and in which the date for such election is fixed by general or special law at a date earlier than the third Tuesday of December, the date of such city election shall be said third Tuesday and not such earlier date.
Section 2. Section ten of chapter fifty-three of the Gen- o. l. (Ter. eral Laws, as most recently amended by section two of chap- ^ttl'ameided'.
58
Acts, 1937. —Chap. 77.
Time for filing nomina- tion papers, etc., in towns.
G. L. (Ter. Ed.), 53, § 11. etc., amended.
Objections.
G. L. (Ter. Ed.), 53, § 13, etc., amended.
Withdrawals.
G. L. (Ter. Ed.), 53, § 72A, etc., amended.
Caucuses, time for holding.
ter forty-five of the acts of nineteen hundred and thirty- seven, is hereby further amended by striking out the third paragraph, as appearing in the Tercentenary Edition, and inserting in place thereof the following: —
In any town which does not accept section one hundred and three A of chapter fifty-four, certificates of nomination for town offices shall be filed on or before the second Wednesday, and nomination papers on or before the second Thursday, preceding the day of the election; but if such Wednesday or Thursday falls on a legal holiday, the said certificates of nomination or nomination papers shall be filed on or before the succeeding day; but if a town election is held on a day of the week other than Monday, such certificates of nomina- tion and nomination papers shall be filed, respectively, on or before the twelfth and eleventh days preceding the day of the election, except as otherwise provided in any special law affecting such town. In any town which accepts said section one hundred and three A, certificates of nomination and nomination papers for any regular town election shall be filed on or before the Thursday following the fourth Tuesday preceding such election, notwithstanding any special law affecting such town. In any such town the time for present- ing nomination papers for certification to the registrars of voters, and for certifying the same, shall be governed by section seven of this chapter, notwithstanding any contrary provision in any special law.
Section 3. Section eleven of said chapter fifty-three, as amended by section three of said chapter three hundred and thirteen, is hereby further amended by striking out the sen- tence added by said section three and inserting in place thereof the following : — This section shall be in force in any city or town which accepts section one hundred and three A of chapter fifty-four, any special provision of law to the contrary notwithstanding.
Section 4. Section thirteen of said chapter fifty-three, as most recently amended by chapter twenty-six of the acts of nineteen hundred and thirty-seven, is hereby further amended by striking out the sentence acided by section four of said chapter three hundred and thirteen and inserting in place thereof the following : — This section shall be in force in any city or town which accepts section one hundred and three A of chapter fifty-four, any special provision of law to the contrary notwithstanding.
Section 5. Said chapter fifty-three is hereby further amended by striking out section seventy-two A, inserted by section six of said chapter three hundred and thirteen, and inserting in place thereof the following: — Section 72 A. In any city or town which accepts section one hundred and three A of chapter fifty-four, caucuses before regular city or town elections shall be held on the fourth Tuesday preceding such city or town elections, notwithstanding any contrary provi- sion in any general or special law.
Approved March 4, 1937,
Acts, 1937. — Chaps. 78, 79. 59
An Act relative to records and returns of abnormal (^Jiar), 78 SEX births.
Be it enacted, etc., as follows:
Section 1. Section two A of chapter forty-six of the g. l. (Ter. General Laws, inserted therein by chapter two hundred and ^tc:^'am;n^ded.' seventy-nine of the acts of nineteen hundred and thirty-three, is hereby amended by inserting after the word "births" in the second Hne the words : — or abnormal sex births, — so as to read as follows : — Section 2 A . Examination of records impounding and returns of illegitimate births, or abnormal sex births, or Clrth'^recorda. of copies of such records in the office of the state secretary, shall not be permitted except upon proper judicial order, or upon request of a person seeking his own birth record, or his attorney, parent, guardian or conservator, or of a person whose official duties, in the opinion of the town clerk or state secretary, entitle him to the information contained therein, nor shall certified copies thereof be furnished except upon such order, or the request of such person.
Section 2. Section twelve of said chapter forty-six, as g. l. (Ter. appearing in the Tercentenary Edition, is hereb}^ amended amend«i.^ ^^' by inserting after the word "wedlock" in the thirteenth line the words: — or of a child of abnormal sex, — so as to read as follows: — Section 12. Except as hereinafter provided. Copies of each town clerk shall forthwith make a certified copy of the wrthslnd record of each birth and death recorded during the previous ^^^.ths, etc month, if the parents of the child born or the deceased were residents of any other town in the commonwealth or in any other state at the time of said birth or death, and transmit it to the clerk of the town where such parents or deceased per- son were so resident, stating the name of the street and num- ber of the house, if any, where such parents or deceased per- son so resided ; and the clerk of a town in the commonwealth receiving such certified copy, or certified copies of births, marriages or deaths, from the clerk of a town without the commonwealth, shall record the same and transmit to the state secretarj^ a certified copy of the record thereof. No birth record of a child born out of wedlock or of a child of abnormal sex shall so be transmitted to any other city or town. Approved March 4, 1937.
Chap. 79
An Act relative to the designating of beneficiaries under death benefit certificates by members of certain fraternal benefit societies.
Be it enacted, etc., asfolloius:
Chapter one hundred and seventy-six of the General g l. (Ter Laws is hereby amended by striking out section twenty- etc!, 'amended. ' one, as most recently amended by chapter one hundred and seventy of the acts of nineteen hundred and thirty-four, and inserting in place thereof the following : — Section 21 . BeneSciariea.
60 Acts, 1937. — Chap. 80.
Death benefits shall be payable to any beneficiary desig- nated by the member; provided, that the society may by its by-laws make restrictions as to who may be beneficiaries. Each member shall have the right to change his beneficiary from time to time in accordance with the by-laws of the society; and no beneficiary shall have or obtain any vested interest in said benefits until the same have become due and payable upon the death of the member. No contract under this chapter, except where an incorporated charitable institution or home is made a beneficiary in accordance with the by-laws of the society, shall be valid which shall be conditioned upon an agreement or understanding that the person to whom the death benefit is made payable shall pay the periodic or other contributions of the member.
Approved March 4, 1937.
Chap. 80 An Act increasing the salary of the mayor of the
CITY OF CHELSEA.
Be it enacted, etc., as follows:
Section 1. Section sixty-five of Part II of chapter six hundred and eighty of the acts of nineteen hundred and eleven, as amended by section one of chapter one hundred and ninety-three of the acts of nineteen hundred and twenty- seven, is hereby further amended by striking out, in the second fine, the words "thirty-five hundred" and inserting in place thereof the words: — five thousand, — and by strik- ing out, in the twelfth fine, the words "annual city" and inserting in place thereof the words: — biennial municipal, — so as to read as follows : — Section 65. The salary of the mayor shall be five thousand dollars per annum, and the salary of each alderman five hundred dollars per annum, except that in case of a vacancy in the office of mayor the president of the board of aldermen shall be entitled to the salary of mayor while performing the duties of mayor. These salaries shall be payable in equal monthly instal- ments. Upon the petition of at least twenty-five per cent of the aggregate number of registered voters in the city, the question of increasing or decreasing the salaries of the mayor or the aldermen shall be printed upon the ballot at the next biennial municipal election in substantially the following manner: "Shall the salary of the (mayor or alder- men) be increased or decreased to (the amount petitioned for) per annum?" and if the vote is in the affirmative, the increase or decrease shall take effect in the next municipal year thereafter. The members of the school committee shall receive no salary.
Section 2. This act shall be submitted for acceptance to the voters of the city of Chelsea at the biennial municipal election in the current year in the form of the following question which shall be placed upon the official ballot to be
|
YES |
Acts, 1937. —Chap. 81. 61
used at said election: — "Shall an act passed by the gen- eral court in the year nineteen hundred and thirty-seven, entitled 'An Act Increasing the Salary of the Mayor of the City of Chelsea', be accepted?" If a majority of the votes cast on said question is in the affirmative, this act shall thereupon take effect, but not otherwise. Approved March 4, 1937.
An Act providing for the appointment of the city Chap. 81
SOLICITOR OF the CITY OF CHELSEA BY THE MAYOR, SUB- JECT TO THE APPROVAL OF THE BOARD OF ALDERMEN OF SAID CITY, AND TO THE REMOVAL OF SUCH SOLICITOR.
Be it enacted, etc., as follows:
Section 1. Section fifty-one of Part II of chapter six hundred and eighty of the acts of nineteen hundred and eleven is hereby amended by inserting after the word "alder- men" in the second line the words: — , a city solicitor, — so as to read as follows : — Section 51 . The mayor shall appoint, subject to the approval of the board of aldermen, a city solicitor, a chief of police, a city engineer, who shall be superintendent of streets and sewers, who shall have the powers of surveyors of highways and all the powers of road commissioners not herein otherwise conferred; a chief engineer of the fire department; a superintendent of public buildings, and a superintendent of fire alarms. Every ad- ministrative officer so appointed shall, unless sooner removed, hold office until his successor is appointed and qualified. Any officer so appointed under this section may be removed by the mayor, for such cause as he shall deem sufficient and shall assign in writing in his order of removal, and the removal shall take effect upon the filing of the order in the office of the city clerk and the service of a copy of such order upon the officer removed either personally or at his last or usual place of residence. The city clerk shall keep such order on file and subject to public inspection.
Section 2. This act shall be submitted for acceptance to the registered voters of the city of Chelsea at the biennial municipal election in the current year in the form of the following question, which shall be placed upon the official ballot to be used at said election: "Shall an act passed by the general court in the year nineteen hundred and thirty-seven, entitled 'An act providing for the appointment of the city solicitor of the city of Chelsea by the mayor, subject to the approval of the board of aldermen of said city, and to the removal of such solicitor', be accepted?" If a majority of the votes cast on said question is in the affirmative, then this act shall take effect on the first Monday of January in the year nineteen hundred and thirty-eight, but not otherwise.
Approved March 4, 1937.
62 Acts, 1937. — Chaps. 82, 83, 84.
Chap. 82 An Act relative to appropriations by the town of
HARWICH FOR PUBLIC AMUSEMENTS.
Be it enacted, etc., as follows:
Section 1. Section one of chapter two hundred and seventy-two of the acts of nineteen hundred and twenty-nine, as amended by section one of chapter twelve of the acts of nineteen hundred and thirty, is hereby further amended by striking out, in the first and second lines, the words "two thirds" and inserting in place thereof the word: — majority, — so as to read as follows : — Section 1 . The town of Har- wich may, by a majority vote at any annual town meeting, appropriate a sum not exceeding twenty-five hundred dol- lars, to be expended under the direction of the selectmen, for the purpose of providing amusements or entertainments of a public character.
Section 2. This act shall take effect upon its passage.
Appi'oved March 5, 1937.
Chap. 83 An Act relative to appropriations by the town of
ORLEANS for PUBLIC AMUSEMENTS.
Be it enacted, etc., as follows:
Section 1. Section one of chapter one hundred and fifty-eight of the acts of nineteen hundred and twenty-nine is hereby amended by striking out, in the first line, the words "two thirds" and inserting in place thereof the word: — majority, — so as to read as follows: — Section 1. The town of Orleans may, by a majority vote, appropriate each year a sum not exceeding twenty-five hundred dollars for providing amusements or entertainments of a public charac- ter. The money so appropriated by the town shall be ex- pended under the direction of the board of selectmen.
Section 2. This act shall take effect upon its passage.
Approved March 5, 1937.
Chap. 84 An Act placing under the civil service all employees OF the state superintendent of buildings.
Be it enacted, etc., as follows:
EdVa^fi Section 1, Chapter eight of the General Laws is hereby
etc., 'amended, amended by striking out section four, as most recently amended by chapter two hundred and fifty-one of the acts of nineteen hundred and thirty-five, and inserting in place ^t'^^^^^^,1^^ thereof the following : — Section 4- He may appoint such clerks, engineers, electricians, firemen, oilers, mechanics, watchmen, elevator operators, porters, cleaners and other persons as may be necessary to enable him to perform his duties. Watchmen appointed hereunder for service at the state house or on the grounds thereof shall be designated as capitol police and shall, when on duty, wear and display a
of employees.
Acts, 1937. — Chap. 85. 63
metallic badge bearing the seal of the commonwealth and the words "Capitol PoHce", He shall be responsible for the fitness and good conduct of all such employees.
Section 2. The offices and positions of all employees of Certain present the superintendent of buildings shall, upon the effective placed under date of this act, become subject to the civil service laws and "^'^'^ service, rules and regulations, and the tenure of office or employ- ment of any such employee shall be unlimited, subject, however, to said laws, but the persons holding said offices and positions on said effective date may continue to serve therein without taking a civil service examination.
Approved March 5, 1937.
An Act providing for one day off in every seven days (JJiar) 85
FOR POLICE OFFICERS IN CERTAIN CITIES AND TOWNS.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and forty-seven of the g. l. (Ter. General Laws is hereby amended by inserting after sec- ^ctlonYeA*"^ tion sixteen, as appearing in the Tercentenary Edition, the added, following new section: — Section 16 A. Except in Boston, Onedayoff members of the police department of every town which p^ucr^fficlrs. accepts the provisions of this section by vote of its city council or selectmen, whether or not section fourteen, fif- teen or sixteen has theretofore been operative therein, shall be excused from duty for one day out of every seven with- out loss of pay.
Section 2. Section seventeen of said chapter one hun- g. l. (Ter. dred and forty-seven, as so appearing, is hereby amended amend'eti'.' ^ ^^' by striking out, in the second fine, the word "three" and inserting in place thereof the word : — four, — and by in- serting after the word "sixteen" in the seventeenth fine the words: — , or fifty-two in each year in a town subject to section sixteen A, — so as to read as follows: — Section 17. Same subject. The time and manner of excusing members of police depart- General ments from duty in any town subject to any of the four preceding sections shall be determined by the chief, super- intendent or other officer or board at the head of the pohce department. A member so excused shall be exempt from duty and from attendance at a police station or other place, but otherwise shall be subject to all laws, rules and regula- tions relating to members of the department to which he belongs. The chief, superintendent or other officer or board at the head of the police department of any such town may, in case of any public emergency, or of any unusual demand for the services of the police in that town, prevent any mem- ber of the department from taking the day off at the time when he is entitled thereto, or at the time assigned there- for, provided that such day off shall be granted to him as soon thereafter as is practicable. In no case shall the num- ber of such days off be less than twelve in each year in a town subject to section fourteen, or twenty-four in each
64 Acts, 1937. — Chaps. 86, 87.
year in a town subject to section fifteen, or forty-five in each year in a town subject to section sixteen, or fifty-two in each year in a town subject to section sixteen A, and they shall be in addition to any annual vacation now or hereafter allowed to members of the said departments, and such annual vacation shall not be diminished on account thereof. Approved March 5, 1937.
Chap. 86 An Act relative to medical attendance furnished to
CERTAIN NEEDY PERSONS.
Be it enacted, etc., as follows:
Ed x' n^'i 19 Section nineteen of chapter one hundred and seventeen of amended.' ' the General Laws, as appearing in the Tercentenary Edition,
is hereby amended by adding at the end the following new
paragraph : — I^ttkmU?^^ No town shall execute a contract or agreement for the not to bar services of a physician which excludes attendance upon or recei^ng'^medi- treatment of persous having no legal settlement or having a cai treatment, jggal Settlement in other towns. Approved March 5, 1937.
Chap. 87 An Act clarifying the law in regard to investment in
CERTAIN BANK STOCKS BY SAVINGS BANKS AND SAVINGS DEPARTMENTS OF TRUST COMPANIES.
Be it enacted, etc., as follows:
Ed^)" 168 '■§ 54 Clause Seventh of section fifty-four of chapter one hundred etc.. 'amended. ' and sixty-eight of the General Laws, as amended by chapter two hundred and twenty of the acts of nineteen hundred and thirty-two, is hereby further amended by striking out, in the fifth line, the w^ord "thereon" and inserting in place thereof the words : — on its capital stock, — so that the first para- graph of said clause will read as follows : — and dl^ostts ^^ ^^® stock of a trust company incorporated under the
in banks. laws of and doing business within this commonwealth, or in
the stock of a national banking association located in the New England states and incorporated under the authority of the United States, which has paid dividends of not less than four per cent on its capital stock in cash in each of the five years next preceding the date of such investment and the amount of whose surplus is at least equal to fifty per cent of its capital; but a savings bank shall not hold, both by way of investment and as security for loans, more than twenty- five per cent of the stock of any one such company or associa- tion, nor shall it hold by way of investment stock of such companies and associations having an aggregate initial cost in excess of fifteen per cent of the deposits of such savings bank, or stock of any one such company or association having an initial cost in excess of one per cent of the deposits afore- said, except that in the event of the consolidation or merger of such companies or associations or of one or more such companies with one or more such associations the amount of
Acts, 1937. — Chaps. 88, 89. 65
stock of the consolidated or absorbing company or associa- tion which may be held under authority hereof may be in excess of one per cent but not in excess of two per cent of the deposits aforesaid, provided the stock so held is acquired in exchange for stock of the consolidating or merging companies or associations which is owned by such savings bank at the time of consolidation or merger.
Approved March 5, 1937.
Chap.
An Act further extending the time during which the cities of lynn, peabody, salem and beverly and the town of danvers may take water from the ipswich river for emergency purposes.
Be it enacted, etc., as follows:
Section one of chapter one hundred and fifteen of the Special Acts of nineteen hundred and nineteen, as most recently amended by chapter fifty of the acts of nineteen hundred and thirty-three, is hereby further amended by striking out, in the tw^elfth to fourteenth lines, inclusive, the words "nineteen hundred and thirty-three, nineteen hundred and thirty-four, nineteen hundred and thirty-five and nine- teen hundred and thirty-six" and inserting in place thereof the following: — nineteen hundred and thirty-seven, nine- teen hundred and thirty-eight and nineteen hundred and thirty-nine, — so as to read as follows : — Section 1 . The cities of Lynn, Peabody, Salem and Beverly and the town of Danvers, authorized to take water from the Ipswich river or its tributaries during the months from December to May, inclusive, under the provisions of chapter five hundred and eight of the acts of nineteen hundred and one and chapters six hundred and ninetj^-eight, six hundred and ninety-nine and seven hundred of the acts of nineteen hundred and thirteen, are hereby further authorized, in case of emergency, to take water from said river or its tributaries during the months from June to November, inclusive, in the years nine- teen hundred and thirty-seven, nineteen hundred and thirty- eight and nineteen hundred and thirty-nine, or any of said years, in quantities not exceeding those which may be taken from December to May, inclusive, as set forth in said acts, whenever, in the opinion of the department of public health, the taking of water during the months aforesaid in the years mentioned, or any of them, is necessary to provide an ade- quate water supply for the cities and town herein mentioned, subject otherwise to the remaining provisions of said acts.
Approved March 5, 1937.
An Act relative to hunting within the boundaries of QJku) gg
CERTAIN public LANDS. ^ '
Be it enacted, etc., as follows:
Section 1. Section one hundred and nine of chapter one g. l. (Tcr. hundred and thirty-one of the General Laws, as most re- ft'^i^amlndid!'*
66 Acts, 1937. — Chap. 89.
cently amended by section one of chapter one hundred and thirty-eight of the acts of nineteen hundred and thirty-six, is hereby further amended by striking out, in the twenty- second to the twenty-fourth lines, the words "in any state reservation subject to section one hundred and fourteen except as provided therein" and inserting in place thereof the words : — within the boundaries of any public lands subject to section one hundred and fourteen, — and by in- serting after the word "killing" in the thirty-second line the following new sentence : — This section shall not author- ize the hunting of deer in any state forest reservation or any state park or reservation under the control of the division of parks of the department; but the hunting of deer in any such reservation or park shall be authorized during the whole or any part of the open season for deer provided by this section, if and as permitted by regulations made by
ki?Xer^°" the commissioner, — so as to read as follows: — Section 109.
Penalty. Subjcct to the restrictions and provisions hereinafter con-
tained, any person duly authorized to hunt in the common- wealth may hunt a deer, by the use of a shotgun or bow and arrow, in all coimties except Dukes, between one half hour before sunrise and one half hour after sunset of each day beginning with the first Monday in December and ending with the following Saturday, and in any or all of the coun- ties of Berkshire, Franklin, Hampden and Hampshire, if the additional hunting period hereinafter specified is authorized in such county or counties by the director, as evidenced by an order filed in his office and advertised in a newspaper or newspapers published in such county or counties not less than ten days prior to the first Monday in December, be- tween one half hour before sunrise and one half hour after sunset of each day, beginning with the second Monday in December and ending with the following Saturday. No person shall, except as provided in the preceding section, kill more than one deer. No deer shall be hunted on land posted in accordance with section one hundred and twenty- three, or on land under control of the metropolitan district commission, or within the boundaries of any public lands subject to section one hundred and fourteen. No person shall make, set or use any trap, torch light or jack light, salt lick or other device for the purpose of ensnaring, en- ticing, taking, injuring or killing a deer. No person shall use or carry on his person an arrow adapted for hunting purposes unless it is plainly marked with his name and permanent address. Whoever wounds or kills a deer shall, within forty-eight hours thereafter, send to the director a written report, signed by him, of the facts relative to the wounding or killing. This section shall not authorize the hunting of deer in any state forest reservation or any state park or reservation under the control of the division of parks of the department; but the hunting of deer in any such reservation or park shall be authorized during the whole or any part of the open season for deer provided by this sec-
Acts, 1937. —Chap. 90. 67
tion, if and as permitted by regulations made by the commis- sioner. Whoever violates any provision of this section shall be punished by a fine of not less than fifty nor more than one hundred dollars.
Section 2. Said chapter one hundred and thirty-one is o. l. (Ter. hereby further amended by striking out section one hun- fii4,imended. dred and fourteen, as appearing in the Tercentenary Edi- tion, and inserting in place thereof the following: — Section Hunting on 114. No person shall hunt, or in any manner molest or ?e"g''uiatl*d.'^* destroy any bird or mammal within the boundaries of any state reservation, park, common or any land owned or leased by the commonwealth or any political subdivision thereof or any land held in trust for public use, except that the authorities or persons having the control and charge of such reservations, parks, commons or other lands may, with such limitations as they may deem advisable, author- ize persons to hunt within said boundaries any of the birds named in section seventy-seven, or the fur- bearing mam- mals, except muskrats, mentioned in section ninety-seven, or foxes, weasels or wildcats. Such an authorization shall be by written license, revocable at the pleasure of the authorities or persons granting it. The boards, officials and persons having charge of such reservations, parks, commons or lands owned or leased or held for pubHc use shall enforce this section.
This section shall not apply to state forests acquired under section thirty or thirty-three of chapter one hundred and thirty-two or any other provision of law, or to state parks and reservations under the control of the division of parks of the department. Approved March 5, 1937.
An Act further regulating the use of the market (JJiap, 90
LIMITS OF the city OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section eight of chapter five hundred and eighty-four of the acts of nineteen hundred and seven, as amended by section one of chapter five hundred and nine- teen of the acts of nineteen hundred and eight, is hereby further amended by striking out, in the twelfth to the seven- teenth lines, inclusive, the words "or of a farm within ten miles of the residence of such person; or are to be sold at wholesale only by the party offering the same for sale on commission, for, or as agent for, some person or persons not residing or having a usual place of business within eight miles of said market ; ", — by striking out, in the twenty-ninth line, the words "drawn by horses", — and by adding at the end thereof the following: — Nothing in this section shall prevent the owner of a farm from allowing a person or per- sons solely employed by him to sell the products of such farm, — so as to read as follows: — Section 8. Requirements and prohibitions contained in this act or elsewhere to the
68 Acts, 1937. —Chap. 91.
contrary notwithstanding, it shall be lawful to occupy with- out license or fee places in the streets, not including side- walks, within the limits of Faneuil Hall Market, as the same are or may be defined in the ordinances of the city of Boston, and other market limits added under authority of chapter three hundred and seventy-six of the acts of the year eighteen hundred and ninety-six, for the sale from wagons or other vehicles of fresh provisions and perishable produce: 'pro- vided, that the same are the product of the farm of the per- son offering them for sale, or are meats to be sold at wholesale only by the person who slaughtered the animals of which the same were a part. It shall also be lawful for persons who are the principal tenants of basement or of ground-floor parts of buildings abutting on streets within the market limits, as they have been declared or defined by the street commissioners of the city of Boston, and who are regularly engaged in the business of selling fresh provisions or perish- able produce to occupy, from time to time, by themselves or their employees, without license or fee, for the sale of said goods at wholesale and not by auction, parts of the roadway in front of their respective premises with vehicles, and in like manner to occupy parts of the roadway in front of the premises of other persons engaged in the same busi- ness within said limits for the purpose of selling to them or of offering to them for sale said goods under the conditions described in this section; provided, however, that such per- sons offer no objection. Occupations under authority of this section shall be only in accordance with rules and regu- lations established from time to time by the street commis- sioners of the city of Boston, the police commissioner of the city of Boston concurring, for the purpose of securing the orderly and convenient transaction of business and the free passage of vehicles and of foot passengers within and through said limits; and in so far as they shall deem proper the said street commissioners, the police commissioner concurring, may further allow tenants to occupy temporarily with goods parts of sidewalks in front of their respective premises addi- tional to such parts as may be specified in licenses issued to them by the street commissioners. Nothing in this sec- tion shall prevent the owner of a farm from allowing a per- son or persons solely employed by him to sell the products of such farm.
Section 2. This act shall take effect upon its passage.
Approved March 11, 1937.
Chap. 91 An Act relative to the term of certain licenses for
THEATRICAL AND LIKE EXHIBITIONS IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. A license to be exercised in a building li- censed as a theatre issued, after the date of passage of this act, for a theatrical season under the provisions of section
Acts, 1937. —Chaps. 92, 93. 69
one of chapter four hundred and ninety-four of the acts of nineteen hundred and eight, as amended, shall expire on the thirty-first day of December of the year during the whole or a portion of which it is to be exercised. Section 2. This act shall take effect upon its passage.
Approved March 11, 1937.
An Act abolishing the Swansea fire and water district. Chap. 92 Be it enacted, etc., as folloivs:
Section 1. The Swansea Fire and Water District, es- tablished by chapter three hundred and seventeen of the acts of nineteen hundred and thirty-three and enlarged by chapter three hundred and fifty-nine of the acts of said year, is hereby abolished.
Section 2. This act shall take effect upon its passage.
Approved March 11, 1937.
An Act changing the period of the operating year in (JJidj) 93 connection with the operation and maintenance of the sumner tunnel in the city of boston.
Be it enacted, etc., as folloivs:
Section 1. Section eleven of chapter two hundred and ninety-seven of the acts of nineteen hundred and twenty- nine, as amended by section one of chapter seventy-four of the acts of nineteen hundred and thirty-five, is hereby further amended by striking out, in the eleventh line, the word "March" and inserting in place thereof the word: — December, — so as to read as follows : — Section 11. If at any time during the operation of the tunnel the receipts from tolls and charges as established under section nine or twelve are insufficient to meet the operating costs, including for sinking fund requirements, however, only such amount as is required by section eight, the treasurer of the city is hereby authorized and directed to make payments on ac- count of the same from any funds in the treasury of the city, including temporary tax loan funds but excluding trust funds. If for any year ending on the last day of December the operating costs, including for sinking fund requirements, however, only such amount as is required by section eight, exceed the receipts from such tolls and charges, the said treasurer shall notify the assessors of the city of the amount of such excess and the same amount shall be added to the amount to be raised by the city in the next annual tax levy. Any such amount shall be in excess of the limit imposed by law on the amount to be raised for municipal purposes by taxation in said city.
Section 2. Section twelve of said chapter two hundred and ninety-seven, as most recently amended by section four of chapter four hundred and fifty-five of the acts of nine- teen hundred and thirty-five, is hereby further amended
70 Acts, 1937. —Chap. 93.
by striking out, in the second line, the word ''March" and inserting in place thereof the word : — December, — so as to read as f ollows : — >Sed2on 12. Whenever as of the last day of December in any year the receipts from tolls and charges as established under section nine or under this sec- tion exceed the operating costs, excluding for this purpose interest and sinking fund requirements in respect of the said three million dollars of bonds and in respect of the said six hundred thousand dollars of bonds, but including sink- ing fund requirements in respect of the said sixteen million dollars of bonds on a basis of the payment of all of the said sixteen million dollars of bonds at the expiration of twenty years after their respective dates, said excess shall be trans- ferred to the general funds of the city so far as necessary to reimburse it for any amounts raised by taxation under section eleven, exclusive of any amounts so raised for in- terest or sinking fund requirements in respect of the said three million dollars of bonds and in respect of the said six hundred thousand dollars of bonds. If any such excess occurs after the city shall have been reimbursed in full for all amounts so raised by taxation, exclusive of amounts for interest and sinking fund requirements in respect of the said three million dollars of bonds and of the said six hundred thousand dollars of bonds, the public works depart- ment shall, subject to the provisions of section nine, estab- lish a reduced schedule of tolls and charges, sufficient, how- ever, to meet the operating costs; provided, however, that until all of the said three million dollars of bonds and of the said six hundred thousand dollars of bonds, shall become payable, whether at their final maturity or when called as hereinbefore provided, of such excess not so needed for such reimbursement so much thereof as shall be required for the payment of the interest and principal of the said three million dollars of bonds shall be paid into said first supplemental sinking fund to be applied by the treasurer to the payment of the interest and principal of the said three million dollars of bonds, on a basis of the payment of all of the said three million dollars of bonds at the expiration of twenty years after their respective dates, and the remainder of such excess shall be paid into such second supplemental sinking fund to be applied by the treasurer to the payment of the interest and principal of the said six hundred thou- sand dollars of bonds. In case it shall be determined that all of such excess cannot be so paid without impairing rights secured by the constitution of the United States to holders of any of the said sixteen million dollars of bonds heretofore sold and paid for or to holders of any of the said three million dollars of bonds heretofore sold and paid for, then to the extent that such excess can be so paid without such impair- ment, so much thereof as may be required for interest and sinking fund requirements in respect of the said three mil- lion dollars of bonds on a basis of the payment thereof at the expiration of twenty years after their respective dates
Acts, 1937. — Chap. 94. 71
shall be paid into the said first supplemental sinking fund and the remainder shall be paid into the second supplemental sinking fund as hereinbefore provided. If the amounts so directed to be contributed to the said first and second sup- plemental sinking funds shall be more than necessary to meet the interest on the said three million dollars of bonds and on the said six hundred thousand dollars of bonds and to retire the principal thereof at the expiration of twenty years after their respective dates, the public works depart- ment shall establish the said reduced schedule as hereinbefore provided.
Section 3. Reference in section one to "any year ending on the last day of December" shall mean the nine month period between the last day of March and the last day of December in the year nineteen hundred and thirty-six, as well as each calendar year beginning with the calendar year nineteen hundred and thirty-seven.
Section 4. This act shall take effect upon its passage.
Approved March 11, 1937.
An Act repealing provisions of law permitting ap- Chap. 94
PLICANTS FOR REGISTRATION AS BARBERS TO PRACTICE BARBERING PENDING REGISTRATION.
Be it enacted, etc., as folloivs:
The second paragraph of section eighty-seven H of chap- g. l. (Ter. ter one hundred and twelve of the General Laws, as most f gyHlet'c, recently amended by section one of chapter three hundred amended, and fourteen of the acts of nineteen hundred and thirty-six, is hereby further amended by striking out, in the first to the seventh lines, the words "Each person making appli- cation for examination hereunder shall be allowed to prac- tice the occupation of barbering until the next meeting of the board, and the board shall grant without charge a per- mit authorizing him to practice such occupation until such next meeting; provided, that the board may, in its discre- tion, extend such permits until the date of a subsequent meeting of the board", — by striking out, in the sixteenth to the nineteenth lines, the words "A new temporary permit shall be issued for each re-examination fee paid. No ap- plicant for registration who has filed an application and holds a temporary permit, and no" and inserting in place thereof the word : — No, — and by striking out the comma after the word "barber" in the twentieth line, — so as to read as follows : — Any applicant failing to pass an examination Re-exami- satisfactory to the board shall thereafter be entitled to re- appUc"ant8. examination by payment of a fee of five dollars and by filing a re-examination application upon a form furnished by the board, but two re-examinations shall exhaust his privilege under his original application, and if he fails to apply for re-examination within one j^ear after his original examina- tion, or to appear for re-examination when notified so to do,
72
Acts, 1937. — Chaps. 95, 96.
his re-examination privilege for such original application shall be forfeited. No person who holds a card as an ap- prentice barber shall be permitted to open and/or to operate a barber shop until he has successfully passed the required examination and obtained a certificate of registration. Be- fore any registered barber opens a barber shop he shall apply to the board for the inspection and approval thereof, and the board shall collect a fee of five dollars for each such in- spection. Approved March 11, 1937.
Chav. 95 An Act relative to the licensing of dog kennels in
CASE OF THEIR REMOVAL TO OTHER MUNICIPALITIES WITHIN THE SAME COUNTY.
Be it enacted, etc., as follows:
Section one hundred and thirty-seven A of chapter one hundred and forty of the General Laws, inserted by section three of chapter three hundred and twenty of the acts of nineteen hundred and thirty-four, is hereby amended by adding at the end the following new paragraph : —
Any holder of a license for a kennel in any town may re- move his kennel to a location in any other town in the same county, with the written approval of such new location of the mayor or selectmen of the town to which he removes his kennel. Before such removal he shall deliver to the clerk of the town into which he intends to remove his kennel the written approval of the mayor or selectmen thereof and his original license, and the clerk shall thereupon, on pay- ment of a fee of one dollar, issue to him a new license cover- ing the new location for the balance of the period of the original license. Approved March 11, 1937.
G. L. (Ter. Ed.), 140, § 137A, etc., amended.
Kennel licenses, transfer of.
Chap, 96 An Act relative to the maturity date of certain
PUBLIC utility BONDS WHICH ARE LEGAL INVESTMENTS FOR SAVINGS BANKS AND SAVINGS DEPARTMENTS OF TRUST COMPANIES.
Be it enacted, etc., as follows:
G. L. (Ter. Clause Sixth A of section fifty-four of chapter one hun-
Send^^.' ^ ^*' dred and sixty-eight of the General Laws, as appearing in the Tercentenary Edition, is hereby amended by striking out in the first line the word "thirty" and inserting in place thereof the word : — forty, — so that the first paragraph of said clause will read as follows: — In the bonds, maturing not later than forty years subsequent to such investment, issued or assumed by any corporation incorporated under the laws of the United States or of any state thereof which is operating under the supervision of a public service or other similar commission of the United States or of any state thereof exercising regulatory jurisdiction therein and is engaged in the sale and distribution of electricity, or in such sale and distribution and also in some other form of
Public service
company
securities.
Acts, 1937. — Chaps. 97, 98. 73
public service enterprise, or in the manufacture and dis- tribution of artificial gas, or in the sale or distribution, of natural gas supplied in substitution for or in mixture with artificial gas, but in no case shall the bonds of any company- engaged in the sale or distribution of natural gas become a legal investment unless said company maintains at all times full facilities for the manufacture of artificial gas in quanti- ties sufficient to supply the normal demand, and is doing at least eighty per cent of its business within the territorial limits of the United States; provided, that —
Approved March 11, 1937.
An Act relative to the fees for recording instru- QJi^jj 97
MENTS OF TAKING FOR NON-PAYMENT OF TAXES. ^'
Be it enacted, etc., as follows:
The second paragraph of section thirty-eight of chapter g. l. (Ter. two hundred and sixty-two of the General Laws, as appear- amende^d.' ^ ^^' ing in the Tercentenary Edition, is hereby amended by add- ing at the end the words : — The fee for recording an instru- ment of taking of land for non-payment of taxes shall be one dollar, — so as to read as follows : —
For entering and recording any paper, certifying the same Certain fees on the original, and indexing it, and for all other duties ofdeeds?'^'' pertaining thereto, including, when a marginal reference or references are required, one such reference, one dollar. If the paper contains more than one page, at the rate of forty- five cents for each page after the first; provided, that if the paper contains the names of more than two parties thereto, other than the husband or wife of the grantor or grantee, an additional fee of ten cents each shall be charged for indexing the names of additional grantors or grantees or other parties thereto. The minimum fee for recording a deed or conveyance or a mortgage shall be two dollars. The fee for recording an instrument of taking of land for non-payment of taxes shall be one dollar.
Approved March 11, 1937.
An Act relative to the investment and disbursement (JJiar) 98
OF funds IN the hands OF THE TRUSTEES OF THE BURLEY education FUND IN IPSWICH,
Be it enacted, etc., as follows:
Section 1. The Trustees of the Burley Education Fund in Ipswich, incorporated by chapter twelve of the acts of eighteen hundred and twenty-five, shall cause all sums of money, including all accumulations of income and all pro- ceeds from property, which have or may hereafter come into their hands to be placed at interest in savings banks or co- operative banks within the commonwealth or to be invested in bonds or notes of the commonwealth or of the town of Ipswich, and whenever the principal of said sums, including
74 Acts, 1937. — Chap. 99.
said accumulations and proceeds, exceeds five thousand dol- lars, any portion of any excess over five thousand dollars may, in the discretion of the trustees, be appropriated to the purposes authorized by said chapter twelve; provided, that nothing in this act shall prevent said trustees from investing and expending any donations made to them in accordance with the directions of the donor.
Section 2. Whatever authority or right is granted or conferred by this act is hereby declared to be limited to such authority or right as the general court may constitu- tionally grant or confer.
Section 3. This act shall not take full effect until it shall have been accepted on the part of the town of Ipswich, by vote of a majority of the legal voters of the town present and voting thereon at an annual or special town meeting; and, on the part of the Trustees of the Burley Education Fund in Ipswich, by vote of said trustees, and a certified copy of said last mentioned vote shall have been filed with the clerk of said town and with the state secretary.
Approved March 11, 1937.
Chap. 99 -^N ^CT RELATIVE TO THE MAKING, DRAWING, UTTERING AND DELIVERY OF FRAUDULENT CHECKS, DRAFTS AND ORDERS.
Be it enacted, etc., as follows:
EdV' 266'^s 37 Chapter two hundred and sixty-six of the General Laws is amended.' ' hereby amended by striking out section thirty-seven, as ap- pearing in the Tercentenary Edition, and inserting in place Drawing-etc-. thcrcof the followiug: — Section 37. Whoever, with in- lent checks. tent to defraud, makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depositary, with knowledge that the maker or drawer has not sufficient funds or credit at such bank or other de- positary for the payment of such instrument, although no express representation is made in reference thereto, shall be guilty of attempted larceny, and if money or property is obtained thereby shall be guilty of larceny. As against the maker or drawer thereof, the making, drawing, uttering or delivery of such a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or credit with, such bank or other depositary, unless the maker or drawer shall have paid the holder thereof the amount due thereon, together with all costs and protest fees, within two days after receiving notice that such check, draft or order has not been paid by the drawee. The word "credit", as used herein, shall be construed to mean an arrangement or understanding with the bank or depositary for the payment of such check, draft or order.
Approved March 11, 1937.
Acts, 1937. — Chap. 100. 75
An Act authorizing the county commissioners of the (Jfid-r) \QQ
COUNTY OF NORFOLK TO PROVIDE ADEQUATE ACCOMMO- DATIONS FOR THE DISTRICT COURT OF EAST NORFOLK AT QUINCY AND FOR THE DISTRICT COURT OF NORTHERN NORFOLK AT DEDHAM.
Be it enacted, etc., as follows:
Section 1. For the purpose of providing adequate court house accommodations and faciUties for the district court of east Norfolk, the county commissioners of Norfolk county may construct and originally furnish and equip additions to the district court house at Quincy, and, for the purpose of providing such accommodations and facilities for the district court of northern Norfolk, said commissioners may take by eminent domain under chapter seventy-nine of the General Laws, or acquire by purchase or otherwise, such land in Dedham as may be necessary and may erect on such land a suitable building for said court and may equip and furnish the same.
Section 2. For the purposes aforesaid, the treasurer of said county, with the approval of the county commis- sioners, may borrow upon the credit of the county, such sums as may be necessary, not exceeding, in the aggregate, two hundred and fifty thousand dollars, and may issue bonds or notes of the county therefor, which shall bear on the face the words, Norfolk County District Court House Loan, Act of 1937. Each authorized issue shall constitute a separate loan and such loans shall be payable not more than five years from their dates. The bonds or notes shall be signed by the county treasurer and countersigned by a majority of the county commissioners. The county may sell the said securities at public or private sale, upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. Lidebtedness incurred hereunder shall, except as herein provided, be subject to chapter thirty-five of the General Laws.
Section 3. The county treasurer, with the approval of the county commissioners, may issue temporary notes of the county, payable in not more than one year from their dates, in anticipation of the issue of serial bonds or notes under this act, but the time within which such serial bonds or notes shall become due and payable shall not, by reason of such temporary notes, be extended beyond the time fixed by this act. Any notes issued in anticipation of the serial bonds or notes shall be paid from the proceeds thereof.
Section 4. This act shall take effect upon its acceptance during the current year by the county commissioners of said county, but not otherwise. Approved March 11, 1937.
76 Acts, 1937. —Chaps. 101, 102.
Chap. 101 An Act regulating the effect of certain final decrees
IN EQUITY MADE BY THE PROBATE AND LAND COURTS, AND THE EFFECT OF THE RECORDING OR REGISTRATION OF CER- TIFIED COPIES OF SUCH DECREES.
Emergency Whereas, The deferred operation of this act would tend
pream e. ^^ defeat its purpose, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of
the public convenience.
Be it enacted, etc., as follows:
G- 1-- (Ter. SECTION 1. Sectiou forty- three of chapter one hundred
ameAded.' ' and eighty-three of the General Laws, as appearing in the Tercentenary Edition, is hereby amended by striking out, in the second line, the words "or superior" and inserting in place thereof the words : — , superior, probate or land, — Title by SO as to read as follows : — Section 43- Whenever a final
coSt^°^ decree in equity shall be made by the supreme judicial,
superior, probate or land court directing that a deed, con- veyance or release of any real estate or interest therein shall be made, and the party directed to make such deed, con- veyance or release does not duly execute it within the time specified in the decree, the decree itself shall operate to vest title to the real estate or interest in the party entitled thereto by the decree as fully and completely as if such deed, con- veyance or release had duly been executed by the party directed to make it. EdV' ilr'i 44 Section 2. Section forty-four of said chapter one hun- am'ended.' ' dred and eighty-three, as so appearing, is hereby amended by striking out, in the second line, the words "or assistant clerk" and inserting in place thereof the words: — , assist- ant clerk, register or assistant register, recorder or deputy recorder, as the case may be, — so as to read as follows : — Recording SectioTi 44- The recording or registration of a duly certified of decree. copy of sucli decrce, attested by the clerk, assistant clerk,
register or assistant register, recorder or deputy recorder, as the case may be, of the court where made, in the registry of deeds of the district where said real estate is situated, shall have the same force and effect as if a duly executed deed, conveyance or release had so been recorded or regis- tered. Approved March 12, 1937.
Chap. 102 An Act advancing the date upon which the ultimate
ABOLITION OF NON-CONTRIBUTORY PENSIONS AND RETIRE- MENT allowances for certain PUBLIC EMPLOYEES SHALL BECOME EFFECTIVE.
Be it enacted, etc., as follows:
Edj'sl^'ii Section 1. Section forty-four of chapter thirty-two of etc!, 'amended', the General Laws, as most recently amended by chapter two hundred and twenty-three of the acts of nineteen hun- dred and thirty-six, is hereby further amended by striking
Acts, 1937. — Chap. 102. 77
out, in the first and second lines of the last paragraph, the words "December thirty-first" and inserting in place thereof the words: — June thirtieth, — so that said paragraph will read as follows : —
No school janitor whose employment begins after June School thirtieth, nineteen hundred and thirty-seven, shall be sub- J*'^'*^"- ject to the provisions of this section.
Section 2. Section sixty of said chapter thirty-two, as g. l. (Xer. amended by section two of chapter two hundred and eighty- ftl^'amemicd. five of the acts of nineteen hundred and thirty-four, is hereby further amended by striking out, in the first and second lines of the paragraph inserted thereby, the words "December thirty-first" and inserting in place thereof the words: — June thirtieth, — so that said paragraph will read as follows : —
No veteran whose employment first begins after June veterans, thirtieth, nineteen hundred and thirty-seven, shall be sub- ject to the provisions of sections fifty-six to fifty-nine, in- clusive.
Section 3. Section sixty A of said chapter thirty-two, g. l. (Ter. as amended by section three of said chapter two hundred fit^'amendtd^' and eighty-five, is hereby further amended by striking out, in the first and second fines of the paragraph inserted thereby, the words "December thirty-first" and inserting in place thereof the words: — June thirtieth, — so that said paragraph will read as follows : —
No army nurse whose employment begins after June Army thirtieth, nineteen hundred and thirty-seven, shall be sub- '*^^^^- ject to the provisions of this section.
Section 4. Section sixty-six of said chapter thirt5^-two, g. l. (Tor. as amended by section four of said chapter two hundred and ^tc'^'amended eighty-five, is hereby further amended by striking out, in the first and second lines of the paragraph inserted thereby, the words "December thirty-first" and inserting in place thereof the words : — June thirtieth, — so that said para- graph will read as follows: —
No court officer whose employment begins after June Court thirtieth, nineteen hundred and thirty-seven, shall be sub- °^^^"- ject to the provisions of this section.
Section 5. Section seventy of said chapter thirty-two, g. l. (Ter. as amended by section five of said chapter two hundred and ^tl!'amendld. eighty-five, is hereby further amended by striking out, in the first and second lines of the paragraph inserted thereby, the words "December thirty-first" and inserting in place thereof the words: — June thirtieth, — so that said para- graph will read as follows : —
No call officer whose employment begins after June thir- Caii tieth, nineteen hundred and thirty-seven, shall be subject °^''=®"- to the provisions of this section.
Section 6. Section seventy-five of said chapter thirty- g. l. (Ter. two, as amended by section six of said chapter two hundred ^tc^! 'amended, and eighty-five, is hereby further amended by striking out, in the second line of the paragraph inserted thereby, the
78
Acts, 1937. — Chap. 102.
Probation officers.
G. L. (Ter. Ed.). 32, § 78A, etc., amended.
Laborers. —
G. L. (Ter. Ed.), 32, § 80, etc., amended.
Firemen.
G. L. (Ter. Ed.), 32, § 85C, etc., amended.
Certain police and firemen.