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ACTS
AND
RESOLVES
PASSED HY THE
€nmi\\ dfourt of ^laHsatlmsctts
IN THE YEAR
1950
TOGETHER WITH
TABLES SHOWING CHANGES IN THE STATUTES, ETC.
PUBLISHED BY
EDWARD J. CRONIN
Secretary of the Commonwealth
BOSTON WRIGHT & POTTER PRINTING COMPANY
1950
ACTS AND RESOLVES
OF
MASSACHUSETTS
1950
The General Court, which was chosen November 2, 1948, assembled on Wednesday, the fourth day of January, 1950, for its second annual session.
His Excellency Paul A, Dever and His Honor Charles F. Jeff Sullivan continued to serve as Governor and Lieutenant Governor, respectively, for the political year of 1950.
ACTS.
An Act authorizing the town of dalton to borrow (JJku) \ money for school purposes. ^'
Be it enacted hy the Senate and House of Representatives in General Court assembled, and hy the authority of the same, as follows:
Section 1. For the purpose of constructing; and origi- nally equipping and furnishing of an addition to a school building, the town of Dalton may borrow, from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggre- gate, four hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Dalton School Loan, Act of 1950. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebted- ness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 19, 1950.
An Act authorizing the town of plainville to borrow Chan. 2
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section L For the purposes of acquiring land for and constructing and originally equipping and furnishing a school building, the town of Plainville may borrow, from time to time, within a period of five years from the passage of this act, such sums of money as may be necessary, not exceeding, in the aggregate, two hundred and seventy-five thousand dollars, and may issue bonds or notes of the town therefor which shall bear on their face the words, Plainville School Loan, Act of 1950. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 24, 1950.
Acts, 1950. — Chaps. 3, 4, 5.
Chap. 3 An Act authorizing the town of sharon to borrow
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and origi- nally equipping and furnishing a school building, the town of Sharon may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, four hundred and twenty-five thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Sharon School Loan, Act of 1950. Each authorized issue shall con- stitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, inclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 21^, 1950.
Chap. 4 An Act authorizing the town of northborough to
BORROW MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section L For the purpose of constructing and origi- nally equipping and furnishing a school building, the town of Northborough may borrow, from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, two hun- dred and fifty thou.sand dollars, and may issue bonds or notes of the town therefor which shall bear on their face the words, Northborough School Loan, Act of 1950. Each authorized issue shall constitute a separate loan and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit and shall, except as herein provided, be sub- ject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January £4, 1950.
Chap. 5 An Act authorizing the town of mattapoisett to
BORROW MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., ^as follows:
Section 1. For the purpose of constructing additions to the Center school and originally equipping and furnishing same, the town of Mattapoisett may borrow from time to time, within a period of five years from the passage of this
Acts, 1950. — Chaps. 6, 7.
act, such sums as may be necessary, not exceeding, in the aggregate, two hundred and seventy thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Mattapoisett School Loan, Act of 1950. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall bo in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the limitations contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 24, 1950.
An Act authorizing the town of south hadley to bor- nhn^ a
ROW MONEY FOR SCHOOL PURPOSES. ^'
Be it enacted, etc., as follows:
Section 1. For the purposes of constructing and origi- nally equipping and furnishing a school building, the town of South Hadley may borrow, from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, five hundred thousand dollars, and may issue bonds or notes of the town therefor which shall bear on their face the words, South Hadley School Loan, Act of 1950. Each authorized issue shall constitute a separate loan and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, and shall, except as herein provided, be sub- ject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 2 4, 1960.
An Act authorizing the west boylston water district OF west boylston to lay a water main within the
LIMITS of the city OF WORCESTER AND TO FURNISH AND SELL WATER TO CERTAIN INHABITANTS OF THE CITY OF WORCESTER.
Be it enacted, etc., as folloivs:
Section 1. The West Boylston water district of West Boylston, hereinafter called the district, is hereby authorized to lay a water main within the limits of the city of Worcester in West Boylston street, and in a private way known as Maplewood avenue, subject to such arrangements as may be made with the owners of said private way, for the purpose of interconnecting two extremities of the present distribution system of said district; provided, that the laying of said main within the public way of said city shall be subject in
Chap.
6 Acts, 1950. — Chap. 8.
all respects to the approval of the board of pubhc works thereof.
Section 2. In case the owners of the private way known as Maplewood avenue in said city and the district fail to agree as to an arrangement for laying the water pipe in said private way in accordance with section one of this act, the district may take an easement through said right of way for the purposes of this act, under the provisions of chapter seventy-nine of the General Laws.
Section 3. The district may furnish and sell water to the inhabitants of said city residing along the water main to be laid in accordance with section one of this act, and not served by said city, at a rate or rates as may be mutually agreed upon by the board of water commissioners of the dis- trict and the board of public works of said city, and said district shall, upon request of said city, establish and main- tain hydrants and relocate and discontinue the same along said main laid in accordance with section one of this act at such rates as may be mutually agreed upon by the board of water commissioners of the district and the board of public works of said city. In case of failure to agree as to the rates for furnishing and selling water and for the rental for hy- drants, the rates shall be fixed by the state department of pubhc utilities.
Section 4. This act shall take effect upon its passage.
Approved January 24, 1950.
Chap. 8 ^^ -^CT INCREASING THE AMOUNT OF MONEY THAT THE TOWN OF BERLIN MAY BORROW FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 297 of the acts of 1947 is hereby amended by striking out, in line 5, the word "thirty-six" and inserting in place thereof the words: — one hundred and twenty, — so as to read as follows : — Section 1. For the purpose of constructing and originally equipping and furnishing a school building, the town of Berlin may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, one hundred and twenty thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Berlin School Loan, Act of 1947. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty j'^ears from their dates. Indebted- ness incurred under this act shall be in excess of the statu- tory hmit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 24, 1950.
Acts, 1950. — Chaps. 9, 10.
A.N Act authorizing the town of concord to borrow Qfid'n 9
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For tho purpose of constructing; and origi- nally e(iuipping and furnishing new school buildings, or additions to existing school buildings, or both, the town of Concord may borrow, from time to time, within a period of five 3'ears from the passage of this act, such sums as may be necessary, not exceeding in the aggregate six hundred thou- sand dollars, and may issue bonds or notes of the town therefor which shall bear on their face the words. Concord School Loan, Act of 1950. Each authorized issue shall con- stitute a separate loan and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under tliis act shall be in excess of the statutory limit, and shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 24, 1950.
An Act authorizing the city of leominster to grant Qfiaj) \Q A permit relative to the construction and main- tenance of a structure bridging water street in said city,
Be it enacted, etc., as follows:
Section 1. LTpon petition and after seven days' notice pul>lished in a newspaper published in the city of Leominster and a public hearing thereon, the city council of said city may, with the approval of the mayor, grant and issue a permit to the Star Manufacturing Company, a Massachusetts cor- poration, authorized to do business in this commonwealth, its successors and assigns, to build, and on such conditions and subject to such restrictions as said council may pre- scribe, permanently maintain, a structure bridging Water street in said city connecting lands owned by said corpora- tion on opposite sides of said street.
Section 2. No structure bridging said street under a permit issued as provided in section one of this act shall be constructed or maintained at a height less than eighteen feet above the grade line of said street, and no part of the bridge or its supports shall rest upon the traveled portion of said highway; but nothing contained herein shall prohibit the erection of supports or columns; provided, that they are placed in the so-called tree line of said highway.
Section 3. If a traveler on the highway while in the exercise of due care sustains bodily injury or damage in his property by reason of the negligent construction or mainte- nance of said structure, he may recover damages therefor in
8 Acts, 1950. — Chaps. 11, 12.
an action of tort brought against said Star Manufacturing Company, or its successors or assigns, within one year after the date of such injury or damage ; provided, that such notice of the time, place, and cause of said injury or damage be given to said Star Manufacturing Company, or its succes- sors or assigns, by, or on behalf of, the person or persons sustaining the same as is, under the provisions of chapter eight3'-f(nir of the General Laws, valid and sufficient in cases of injury or damage sustained by reason of a defect or a want of repair in or upon a way, if such defect or want of repair is caused by or consists in part of snow or ice, or both. The remedy herein provided shall not be exclusive, but shall be in addition to any other remedy provided by law.
Approved January 24, 1950.
Chap. 11 An Act authorizing the transfer from the street and
WATER department TO THE PARK DEPARTMENT OF THE CITY OF MALDEN OF CERTAIN LAND ON SAVIN STREET IN SAID CITY.
Be it enacted, etc., as follows:
Section 1. The street and water commission of the city of Maiden is hereby authorized to transfer to the board of park commissioners of said city control and charge of the following parcel of land held by said city for street purposes : — A triangular parcel of land bounded and described as follows : — Northerly, by a line parallel with and 40 feet southerly from the northerly line of Savin street, as laid out September twenty-sixth, nineteen hundred and twenty-two, 170.74 feet; southerly, by a hne parallel with and 40 feet northerly from the southerly line of Fellsmere road, as kid out November twenty-second, nineteen hundred and twenty- three, 111.21 feet; westerly, by the easterly line of land now or late of Alfred W. and Mary L. Devine, 99.82 feet, con- taining 5,282 square feet. Said transfer shall take effect upon acceptance thereof by vote of said board of park commis- sioners. Thereafter said land shall be under the control and charge of said board of park commissioners.
Section 2. This act shall take full effect upon its ac- ceptance during the current year by vote of the city council of said city, subject to the provisions of its charter, but not otherwise. Approved January 24, 1950.
Chap. 12 An Act authorizing the city of lynn to sell part of
CEDAR BROOK PLAYGROUND, SO-CALLED, IN SAID CITY.
Be it enacted, etc., as follows:
Section 1. The city of Lynn, by its proper authority, may sell, transfer and convey to John N. Robbins of said city, the following described parcel of land; provided, that the board of park commissioners of said city shall, l)y vote at a regular meeting thereof, assent to such sale. Said parcel
Acts, 1950. — Chaps. 13, 14. 9
is bounded and described as follows : — Northeasterly, by- Cedar Brook road a distance of four hundred fec^t; easterly, by the arc of a circle luuang a radius of thirty-six and eight- een hundredths feet a distance of sixty-three and six hun- dredths feet; southeasterly, by Tuscan road a distance of ninety-six and sixty-seven hundn^dths feet; southwesterly, by the arc of a circle having a radius of fifty-six and seventy- eight hundredths feet a distance of seventy-six and sixty himdredths feet; bounded more southwesterly by the arc of a circle having a radius of one thousand two and fifty-five hundredths feet a distance of three hundred and ninety- four and eighty-two hundredths feet, and containing sixteen thousand, six hundred and twenty-three square feet, more or less, and shown on plan entitled, "Subdivision of Land Shown Upon Plan Filed With Certificate of Title Number Fourteen Thousand Five Hundred Sixty-Six, South Registry District of Essex County, Land in Lynn," dated July four- teen, nineteen hundred and forty-nine, numbered seventy- six A-C and signed by Frank E. Gowdy, City Engineer.
Section 2. This act shall take full effect upon its ac- ceptance, during the current year, by vote of the city coun- cil of said city, subject to the provisions of its charter, but not otherwise. Approved January SJf., 1950.
An Act authorizing the city of lynn to sell certain nhr,^ ^ q
LAND HELD BY ITS PARK DEPARTMENT. ^'
Be it enacted, etc., as follows:
Section 1. The city of Lynn, by its mayor, when so authorized by the city council, may sell or convey, free and clear from any obligation to use the same for park purposes or any other public purposes, to Charles A. and Thelma B. Pare, a certain parcel of land being a portion of the Flax pond bathhouse land on the northerly side of Flax pond and more particularly described as follows : — a strip of land ten feet in width running the length of and adjoining the premises now owned by the said Pares at No. 36 Town's court in said city.
Section 2. This act shall take effect when, after recom- mendation by the board of park commissioners of the city of Lynn, it is accepted, during the current year, by the city council of said city, subject to the provisions of its charter, but not otherwise. Approved January 2Jf, 1950.
An Act authorizing the city of Worcester to use a portion of rockwood field, a public playground, for school purposes.
Be it enacted, etc., as folloivs:
Section L The city of Worcester is hereby authorized to use for school purposes five and forty-six thousandths acres of land situated on the southwesterly side of Chandler
Chap. 14
10 Acts, 1950. — Chap. 15.
street in said city, being a portion of a playground known as Rockwood field and under the jurisdiction of the parks and recreation commission of said city, and abutting state- owned land at the Worcester state teachers college.
Section 2. This act shall take full effect upon its accept- ance during the current year by the city council and by the parks and recreation commission of said city, but not other- wise. Approved January 24-, 1950.
Chap. 15 An Act to authorize the town of bridgewater to
COMBINE AND CONSOLIDATE THE OFFICES AND DUTIES OF THE SEWER COMMISSIONERS AND WATER COMMISSIONERS OF SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The town of Bridgewater may combine and consolidate the offices of sewer commissioners and water commissioners and establish a board of sewer and water commissioners, to consist of three members to be elected on the ofl[icial ballot at the annual town election in the year following the acceptance of this act, as provided by section three. One commissioner shall be elected for a term of one year, one commissioner for a term of two years, and one com- missioner for a term of three years, and thereafter one com- missioner shall be elected annually for a term of three years. The said board of sewer and water commissioners shall have all the duties, powers and authority granted to and vested in the board of water commissioners of said town by chapter fifteen of the acts of nineteen hundred and twenty-five, and in the board of sewer commissioners by chapter four hundred and seventy-two of the acts of nineteen hundred and forty-eight, and by general law.
Section 2. Upon the election and qualification of sewer and water commissioners in accordance with the provisions of this act, the offices of sewer commissioners and water com- missioners shall be abolished and the services of sewer com- missioners and water commissioners then in office shall terminate.
Section 3. This act shall be submitted for acceptance to the voters of said town at any town meeting held within three years after its passage in the form of the following question which shall be placed on the official ballot to be used for the election of town officers, if action is to be taken at an annual towm meeting, or on a printed ballot to be used in connection with the voting list if action is taken at a special town meeting: — "Shall an act passed by the general court in the year nineteen hundred and fifty, entitled, 'An Act to authorize the town of Bridgewater to combine and consolidate the offices and duties of the sewer commissioners and water commissioners of said town', be accepted?" If a majority of the votes in answer to said question is in the affirmative, this act shall thereupon take full effect, but not otherwise.
Approved January 24, 1960.
Acts, 1950. — Chaps. 16, 17. 11
An Act authorizing the city of lynn to use certain (JJiQjf \Q
PLAYGROUND LAND FOR HIGHWAY PURPOSES.
Be it enacted, etc., as follows:
Section 1. The city of Lynn is hereby authorized to use for hi,2;h^vaJ^ purposes a part of Cedar Brook playground, so called, in said cit}^, bounded and described as follows: — Beginning at a point on the northeasterly side line of Cedar Brook road, a distance of two hundred and thirty-eight and ninety-three hundredths feet southeasterly from a monu- ment, the line runs southeasterly by the arc of a circle hav- ing a radius of one thousand fifty-two and fifty-five hun- dredtlis feet a distance of four hundred and fourteen and fifty hundredths feet; thence the line turns and runs south- easterly by azimuth three hundred and twenty-five degrees, five minutes and twenty-five seconds a distance of one hun- dred and forty-one and forty-nine hundredths feet; thence the line turns and runs more easterly by the arc of a circle having a radius of four hundred and fifty-one and twenty- seven hundredths feet a distance of one hundred and seventy- seven and seventy-two hundredths feet; thence the line turns and runs southeasterly by azimuth three hundred and two degrees, thirty-one minutes and thirty-one seconds a distance of one hundred feet to the present line of Cedar Brook road. The southwesterly side line is parallel with and fifty feet distant from the above described northeasterly side line except as sho^vn on plan of said premises entitled, "Subdivision of Land Sho^vn Upon Plan Filed With Certifi- cate of Title No. Fourteen Thousand Five Hundred Sixty- Six, South Registry District of Essex County, Land in Lynn," dated July fourteen, nineteen hundred and forty-nine, num- bered seventy-six A-C and signed by Frank E. Gowdy, City Engineer, and containing, according to said plan, fourteen thousand, four hundred and eighty-three square feet; and thereafter the part aforesaid shall be under the care and control of said city of Lynn for highway purposes.
Section 2. This act shall take full effect upon its accept- ance, during the current year, by vote of the board of park commissioners of said city, and by vote of the city council thereof, subject to the provisions of its charter, but not otherwise. Approved January 21^., 1950.
An Act to authorize the town of groton to borrow Qhnj) 17
MONEY FOR SCHOOL PURPOSES. ^'
Be it enacted, etc., as follows:
Section L For the purpose of acquiring land for and constructing and originally equipping and furnishing a school building, the town of Groton may borrow, from time to time, over a period of five years from the passage of this act, such sums as may be necessary, not exceeding in the aggregate two hundred thousand dollars, and may issue bonds or notes
12 Acts, 1950. — Chaps. 18, 19, 20.
therefor which shall bear on their face the words, Groton School Building Loan, Act of 1950. Each authorized issue shall constitute a separate loan and such loans shall be paid in not more than twenty years from their dates. Indebted- ness incurred under this act shall be in excess of the statutory hmit but shall, except as herein provided, be subject to chap- ter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof. Section 2. This act shall take effect upon its passage.
Approved January 27, 1950.
Chap. 18 An Act relative to the holding of basketball games
ON the lord's day in the town of LUNENBURG.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section twentj'-seven of chapter one hundred and thirty-six of the General Laws, it shall be lawful to take part in or witness basketball games on the Lord's day in the town of Lunen- burg in a place not within five hundred feet of any regular place of worship; provided, that a license or permit for such games has been issued by the licensing authority.
Section 2. This act shall take effect upon its passage.
Approved January 27, 1950.
Chav. 19 An Act providing that the duly elected tree warden
IN THE town of W^EYMOUTH SHALL BE, AND PERFORM THE duties of, moth SUPERINTENDENT IN SAID TOWN.
Be it enacted, etc., as follows:
Section L Any provision of general or special law to the contrary notwithstanding, the duly elected tree warden shall be and perform the duties of moth superintendent in the town of Weymouth.
Section 2. This act shall take effect upon its passage.
Approved January 27, 1950.
Chav. 20 An Act authorizing the town of swampscott to use
CEliTAIN PARK LAND FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Swampscott is hereby authorized to use such portion of Abbott park, located in said town and bounded by Norfolk avenue, Paradise road, Ellis road and Middlesex avenue, as the town, by vote passed within tive years after the passage of this act, shall determine, for the erection of a public school building or for an addition to the existing Clarke school building or for other school uses, or for all purposes incidental thereto; and after such vote, such portion shall be under the same care and control as other school property.
Section 2. This act shall take effect upon its passage.
Approved January 27, 1950.
Acts, 1950. — Chaps. 21, 22, 23, 24. 13
An Act pertaining to ArpLicATioNs for absent voting, (Jjidnj 21 Be it enacted, etc., as follows:
Section 86 of chapter 54 of the General Laws, as amended E.iVil'^ssc, by section 1 of chapter 466 of the acts of 1945, is hereby etc.,' amended. further amended by striking out, in hnes 7 and 8, the words "as provided in section ninety".
Approved January 27, 1950.
An Act to require reports of births occurring in Chav. 22
airplanes.
Be it enacted, etc., as follows
Chapter 46 of the General Laws is hereby amended by o. l. (Ter. inserting after section 7 the following section: — Section 7 A. f yA.tdde'r The captain or other commanding officer of an airplane Report of shall give notice, with the facts required for record, of every airplanes. birth occurring among the persons under his charge. Said notice shall be given to the clerk of the town at which his airplane first arrives after such birth. The captain or other commanding officer of an airplane neglecting to give notice of such a birth for ten days after the arrival of his airplane at the place where notice is to be given shall forfeit not more than five dollars. Approved January 27, 1950.
An Act designating the city field, so called, in the QJiqij 23
CITY OF revere AS THE GEORGE C. SULLIVAN FIELD.
Be it enacted, etc., as follows:
Section 1. The field at the corner of Revere Beach boulevard and Revere street in the city of Revere, commonly known as City Field, shall hereafter be known and designated as the George C. Sullivan Field.
Section 2. This act shall take full effect upon its ac- ceptance during the current year by vote of the city council of the city of Revere, but not otherwise.
Approved January 27, 1950.
An Act authorizing the town of watertown to reim- (JJidp 24
BURSE WALTER C. FREEMAN FOR MEDICAL EXPENSES IN- CURRED BY' HIM ON ACCOUNT OF INJURIES SUSTAINED BY HIS SON IN THE PLAYGROUND AREA OF THE EAST JUNIOR HIGH SCHOOL.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obli- gation, the town of Watertown may appropriate and pay to Walter C. Freeman the sum of two hundred and twenty-five dollars, to reimburse him for expenses of medical care in- curred by him on account of injuries sustained on June fif- teenth, nineteen hundred and forty-nine, by his minor son,
14 Acts, 1950. — Chaps. 25, 26.
Robert Freeman, in the playground area of the East Junior high school in said town.
Section 2. This act shall take full effect upon its ac- ceptance by a majority vote of the town meeting members at a regular or special town meeting, but not otherwise.
Approved January 27, 1950.
Chap. 25 An Act to authorize the city of medford to sell for veterans' housing purposes a part of a certain tract OF land originally acquired for cemetery purposes.
Be it enacted, etc., as follows:
Section 1. The city of Medford is hereby authorized to use and devote for veterans' housing a part of a certain tract of land on Grove street in said city, adjoining the Winchester town line, and originally acquired by said city for cemetery purposes.
Section 2. Said city is hereby further authorized to sub- divide such tract into parcels of adequate size for house lots, laying out and providing or causing to be provided ways, public and private, and other public utilities for the use of the development, to such extent as it deems necessary or advisable.
Section 3. Said city is hereby further authorized to sell such parcels to veterans at reasonable rates on conditions requiring, in each case, the erection within a specified time of a single family residence thereon for the occupancy in whole or in part of the veteran purchasing the same, and on such other conditions deemed necessary and in conformance with existing veterans' housing legislation.
Approved January 27, 1950.
Chap. 26 An Act transferring certain park land from the
DEPARTMENT OF PUBLIC PARKS OF THE CITY OF SPRING- FIELD TO THE CITY OF SPRINGFIELD.
Be it enacted, etc., as follows:
Section 1. A certain parcel of land located on the south- westerly side of Roosevelt avenue in the city of Springfield, hereinafter described by metes and bounds, is hereby trans- ferred, free of all restrictions, from the department of public parks of said city to said city of Springfield for any purposes for which a city has the power to hold and convey property, it being the intention of said city to construct thereon a fire alarm headquarters. Said parcel of land is bounded and described as follows: — Beginning at a point in the south- westerly street line of Roosevelt avenue, said point being south 45° 38' 10" west a distance of two hundred and thirty- two and forty-three one hundredths feet from the south- westerly corner of Roosevelt avenue and Edgemont street as measured in the said southwesterly street line of Roosevelt avenue; thence south 19° 36' 50" west a distance of three hundred and seventy-eight and fifty-four one hundredths
Acts, 1950. — Chap. 27. 15
feet along land of the Springfield Infirmary to a point; thence south G9° 46' 30" west a distance of four hundred and six and ten one hundredths feet along land of said Springfield Infirmary to the southwesterly line of Roosevelt avenue; thence north 45° 38' 10" east a distance of seven hundred and ten and seventy-six one hundredths feet along the southwesterly street line of said Roosevelt avenue to the point of beginning. Containing about 1.358 acres.
Section 2. This act shall take full effect upon its ac- ceptance bj'' a majority vote of the city council and of the park commissioners of the city of Springfield, and upon deposit in the ofl^ice of the state secretary before December thirty-first, nineteen hundred and fifty, of a suitable plan of said parcel, but not otherwise.
Approved January 27, 1950.
Chap. 27
An Act making certain laws affecting veterans and
THEIR organizations APPLICABLE TO THE MILITARY ORDER OF THE PURPLE HEART.
Be it enacted, etc., as follows:
Section 1. Section 49 of chapter 33 of the General Laws, g. l. (Ter. as most recently amended by chapter 415 of the acts of ^tc'^'amendtd 1949, is hereby further amended by inserting after the word "Inc." in line 48, as appearing in chapter 171 of the acts of 1948, the words: — , the Military Order of the Purple Heart, — so as to read as follows : — Section Jj.9. Except as pro- unauthorized vided in section fifty, no body of men, except the organized 'i^'i'^g- militia, the troops of the United States, and the Ancient and Honorable Artillery Company of Massachusetts, shall main- tain an armory, or associate together at any time as a com- pany or organization, for drill or parade with firearms, or so drill or parade; nor shall any city or town raise or appro- priate money toward arming, equipping, uniforming, sup- porting or providing drill rooms or armories for any such body of men; provided, that associations wholly composed of soldiers honorably discharged from the military service of the United States may parade in public with arms, upon the reception of any regiment or company of soldiers returning from said service, and for escort duty at the burial of de- ceased soldiers, with the written permission of the mayor of the city or selectmen of the city or town where they desire to parade; that students in educational institutions where military science is a prescribed part of the course of instruc- tion or members of schools for military instruction conducted with the approval of the commander-in-chief may, with the consent of the commander-in-chief, drill and parade with firearms in public, under the superintendence of their in- structors or teachers; that foreign troops whose admission to the United States has been consented to by the United States government may, with the consent of the commander- in-chief, drill and parade with firearms in pubhc; that any body of men may, with the consent of the commander-in-
16 Acts, 1950. — Chap. 27.
chief, drill and parade in public with any harmless imitation of firearms approved by the adjutant general; that regularly organized posts of the Grand Army of the Republic, The American Legion, Veterans of Foreign Wars of the United States, Disabled American Veterans, Department of Massa- chusetts, and Jewish War Veterans of the United States, and of the American Veterans of World War II, AAIVETS — Department of Massachusetts, and of the Franco-Ameri- can War Veterans, Inc. and of the Italian-American World War Veterans of the United States, Inc., and of the United American Veterans of the United States of America, Inc., and of the PT Veterans Association, Inc., and of the Ameri- can Portuguese W^ar Veterans Association, regularly organ- ized camps of the United Spanish War Veterans, regularly organized detachments of the Marine Corps League, regu- larly organized chapters of the Yankee Division Veterans Association, the American Veterans' Committee, Inc., and the Massachusetts State Guard Veterans, the Coast Guard League, Inc., the Portuguese American War Veterans of the United States, Inc., the Navy Club of the United States of America, Inc., the Polish-American Veterans of World War II, Inc., the Lithuanian War Veterans' Organization, Inc., the World War II Veterans' Association of Hamp- shire County, Inc., the Military Order of the Purple Heart and regularly organized garrisons of the Army and Navy Union, U. S. A., and regularly organized units thereof may drill and parade with firearms in public, under the super- vision of their duly authorized officers; that the Kearsarge Association of Naval Veterans, Inc., may at any time parade in public their color guards of not more than twelve men armed with firearms; that the Society of Colonial Wars in the Commonwealth of Massachusetts, the Order of the Founders and Patriots of America, the Massachusetts Society of the Sons of the American Revolution, the Society of the Sons of the Revolution in the Commonwealth of Massachusetts, The Society of the W^ar of 1812 in the Com- monwealth of Massachusetts (Incorporated), and regularly organized branches of any of said societies, may at any time parade in public their uniformed color guards of ten men with firearms; that regularly organized camps or other duly organized units of the Sons of Union Veterans of the Civil War may at any time parade in public their color guards, escorts, and firing parties with firearms, but no such camp or other organized unit shall at any time so parade more than sixteen men; that any organization heretofore author- ized by law may parade with side-arms; and that any veteran association composed wholly of past members of the militia of the commonwealth may maintain an armory for the use of the organizations of the militia to which its mem- bers belonged; provided, that such drill or parade is not in contravention of the laws of the LTnited States. EdV'iol's Section 2. Section 5 of chapter 40 of the General Laws
etc!, 'amended, is hereby amended by striking out clause (12), as most
Acts, 1950. — Chap. 27. 17
recently amended by chapter 118 of the acts of 1949, and inserting in place thereof the following clause: —
(12) For erecting headstones or other monuments at ('t'^'sin^ the graves of persons who served in the war of the revolu- appropHate tiou, the war of eighteen hundred and twelve, the Seminole "eruanl"et- war, the JNIexican war, the war of the rebellion or the Indian erans- .)rgan- wars or who served in the military or naval service of the certliln'^pur- United States in the Spanish American war or in World '^"'"^''• war I or in ^^'orld war II, or who served in the military service of the commonwealth in time of war; for acquiring land by purchase or by eminent domain under chapter seventy-nine, purchasing, erecting, equipping or dedicating buildings, or constructing or dedicating other suitable memorials, for the purpose of properly commemorating the services and sacrifices of persons who served as aforesaid; for the decoration of the graves, monuments or other me- morials of persons who served as aforesaid and the proper observance of ^Memorial Day and other patriotic holidays under the auspices of the following : — local posts of the Grand Army of the Republic, United Spanish War Veterans, The American Legion, Veterans of Foreign Wars of the United States and Jewish War Veterans of the United States, and of the American Veterans of World War II, AMVETS — Department of Massachusetts and of the Franco-American War Veterans, Inc., and of the Italian- American World War Veterans of the United States, Inc., and of the American Portuguese War Veterans Association, local chapters of the Disabled American Veterans of the World War and of the American Veterans' Committee, Inc., local units of the Massachusetts State Guard Veterans, Kearsarge Association of Naval Veterans, Inc., local garrisons of the Army and Navy Union of the United States of America, local chapters of the jMassachusetts Society of the Sons of the American Revolution, local detachments of the Marine Corps League, local clubs of the Yankee Division Veterans Association, local camps or other duly organized units of the Sons of Union Veterans of the Civil War or local tents of The Daughters of Union Veterans of the Civil War or local chapters of American Gold Star Mothers, Inc., or local chapters of the Military Order of the Purple Heart, and The Society of the War of 1812 in the Commonwealth of Massa- chusetts (Incorporated); or for keeping in repair graves, monuments or other memorials erected to the memory of such persons or of the firemen and policemen of the town who died from injuries received in the performance of their duties in the fire or police service or for decorating the graves of such firemen and policemen or for other memorial observ- ances in their honor. Money appropriated in honor of such firemen may be, paid over to, and expended for such purposes by, any veteran firemen's association or similar organization.
Section 3. Chapter 266 of the General Laws is hereby g. l. (Ter. amended by striking out section 70, as most recently amended ^"^ol^i^.l by section 4 of said chapter 118, and inserting in place amended.'
18 Acts, 1950. — Chaps. 28, 29.
Unlawful thereof the following section : — Section 70. Whoever, not
insignia. being a member of the Military Order of the Loyal Legion
of the United States, the Grand Army of the Republic, the Sons of Union Veterans of the Civil War, the Woman's Relief Corps, the American Gold Star Mothers, Inc., the Union Veterans' Union, the Union Veteran Legion, the Military and Naval Order of the Spanish-American War, the United Spanish War Veterans, the American Officers of the Great War, the Veterans of Foreign Wars of the United States, the Military Order of Foreign Wars of the United States, the Disabled American Veterans of the World War, the Yankee Division Veterans' Association, The Ameri- can Legion, the Army and Navy Union^ U. S. A., the Ameri- can Veterans of World War II, AMVETS, the American Veterans' Committee, Inc., the Franco- American War Veterans, Inc., the Military Order of the Purple Heart, the Italian-American World War Veterans of the United States, Inc., the PT Veterans Association, Inc., the American Portuguese War Veterans Association, or the Marine Corps League, wilfully wears or uses the insignia, distinctive ribbons or membership rosette or button thereof for the purpose of representing that he is a member thereof shall be pimished by a fine of not more than twenty dollars or by imprisonment for not more than one month, or both.
Approved January 27, 1950.
Chap. 28 An Act prohibiting the canvassing or counting on the lord's day of votes cast at certain municipal elec- tions.
Be it enacted, etc., as follows:
EdVilrsQ Section 9 of chapter 54A of the General Laws, as appear-
etc, 'amended.' ing in scctiou 1 of chapter 341 of the acts of 1938, is hereby
amended by adding at the end the following paragraph: —
Votes not to /{\ j^q cauvass or count of the vote shall be made on the
be counted on \ ' ^
Lord's day. Lord s day. Approved January 27, 19o0.
Chap. 29 An Act providing for the initiative and referendum
FOR THE CITY OF MALDEN.
Be it enacted, etc., as follows:
Section 1. Chapter 169 of the acts of 1881 is hereby amended by inserting after section 24 the following eight sections: — Section 24A. A petition conforming to the re- quirements hereinafter provided and requesting the city council to pass a measure, except an order granted under section seventy or seventy-one of chapter one hundred and sixty-four, or chapter one hundred and sixty-six of the Gen- eral Laws, or requesting the school committee to pass a measure, therein set forth or designated, shall be termed an initiative petition, and shall be acted upon as hereinafter provided. In this and the seven following sections, "meas-
Acts, 1950. — Chap. 29. 19
ure" shall mean an ordinance, resolution, order or vote passed by a city council, or a resolution, order or vote passed by a school committee, as the case may be. Section 24^. Signatures to initiative petitions need not be all on one paper. All such papers pertaining to any one measure shall be fastened together and shall be filed in the office of the city clerk as one instrument, with the endorsement thereon of the names and addresses of three persons designated as filing the same. With each signature to the petition shall be stated the place of residence of the signer, giving the street and number, if any.
Within five days after the filing of said petition the regis- trars of voters shall ascertain by what number of registered voters the petition is signed, and what percentage that num- ber is of the total number of registered voters, and shall attach thereto their certificate showing the result of such examination.
The city clerk shall forthwith transmit the said certificate with the said petition to the city council or to the school com- mittee, according as the petition is addressed, and at the same time shall send a copy of said certificate to one or more of the persons designated on the petition as filing the same. Section 2Ifi. If any initiative petition is signed by registered voters equal in number to at least twenty per cent of the whole number of registered voters, the city council or the school committee shall, within twenty days after the date of the certificate of the registrars to that effect:
1. Pass said measure without alteration, subject to the referendum vote provided by this chapter; or
2. The city council shall call a special election to be held on a Tuesday fixed by it not less than thirty nor more than forty-five days after the date of the certificate hereinbefore mentioned, and shall submit the proposed measure without alteration to a vote of the registered voters of the city at that election; provided, that if any city election is otherwise to occur within ninety days after the date of said certificate, the city council may, at its discretion, omit caUing the special election and submit the proposed measure to the voters at such approaching election. Section 24D. If an initiative petition is signed by registered voters equal in number to at least eight per cent but less than twenty per cent of the total number of registered voters, and said measure be not passed without alteration within twenty days by the city council or the school committee, as provided in the preceding section, such proposed measure, without alteration, shall be sub- mitted by the city council to a vote of the registered voters of the city at the next regular municipal election. A meas- ure proposed under this section or section twenty-four C shall become effective if it shall be approved by registered voters of the city equal in number to one third of the whole number thereof and also by a majority of the voters voting on such measure, but not otherwise. Section 24E. The ballots used when voting upon a proposed measure under
20 Acts, 1950. — Chap. 29.
section twenty-four C or twenty-four D, or a measure or part thereof protested against under the following section, shall state the nature of the measure in terms sufficient to show the substance thereof. Section 24F. If, within twenty days after the final passage of any measure, except a revenue loan order, by the city council or by the school committee, a petition signed by registered voters of the city, equal in number to at least twelve per cent of the total number of registered voters, is presented to the city council or to the school committee, as the case may be, protesting against such measure, or any part thereof, taking effect, the same shall thereupon and thereby be suspended from taking effect; and the city council or the school committee, as the case may be, shall immediately reconsider such measure or part thereof; and if such measure or part thereof is not entirely rescinded, the city council shall submit the same, by the method herein provided, to a vote of the registered voters of the city, either at the next regular city election, or at a special election which may, in its discretion, be called for the purpose, and such measure or part thereof shall forth- with become null and void unless a majority of the registered voters voting on the same at such election vote in favor thereof.
The petition described in this section shall be termed a referendum petition and section twenty-four B shall apply to the procedure in respect thereto, except that the words "measure or part thereof protested against" shall for this purpose be understood to replace "measure" in said section wherever it may occur, and "referendum" shall be under- stood to replace the word "initiative" in said section. Sec- tio7i 24(i. The city council may, of its own motion, and shall, upon request of the school committee if a measure originates with that committee and pertains to the affairs under its administration, submit to a vote of the registered voters of the city for adoption or rejection at a general or special city election any proposed measure, or a proposition for the repeal or amendment of any measure, in the same manner and with the same force and effect as are hereby provided for submission on petition. Section 24H. If two or more proposed measures passed at the same election con- tain conflicting provisions, the one receiving the greater num- ber of affirmative votes shall take effect.
Section 2. This act shall be submitted for acceptance to the qualified voters of the city of Maiden at the next biennial state election in the form of the following question, which shall be placed upon the official ballot to be used in said city at said election: — "Shall an act passed by the general court in the year nineteen hundred and fifty, entitled 'An Act providing for Initiative and Referendum for the City of Maiden', be accepted by this city?" If a majority of the voters voting thereon vote in the affirmative in answer to said question, then this act shall take full effect, but not otherwise. Approved January 27, 1950.
Acts, 1950. — Chaps. 30, 31. 21
An Act relative to the penalty for poultry thieving, diap, 30
Be it enacted, etc., as follows:
Chapter 266 of the General Laws is hereby amended by ^'jHJf/jaa striking out section 22, as amended by chapter 365 of the etc!, 'amended.' acts of 1935, and inserting in place thereof the following section : — Section 22. Whoever, with intent to commit ^ll'^^^^^ ^"'" larceny, breaks or enters or enters in the night without thieving. breaking any building or enclosure wherein is kept or con- fined an}^ kind of live poultry, may be detained or kept in custody in a convenient place by the owner of the poultry, or by his agent or employee, for not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence and he be taken upon a warrant issued upon such complaint, and, upon conviction of such trespassing or breaking or entering shall be punished by imprisonment in the state prison for not more than three years, or by a fine of not more than five hundred dollars and imprisonment in the house of correction for not more than two years. Approved January 27, 1950.
An Act relative to voting precincts and the nomina- (Jfiap. 31
TION, election and TERMS OF OFFICE OF TOWN MEETING MEMBERS IN THE TOWN OF.NEEDHAM.
Be it enacted, etc., as follows:
Section 1. Chapter 279 of the acts of 1932, as amended by chapter 68 of the acts of 1937, is hereby further amended by striking out section lA and inserting in place thereof the following section: — Section lA. Upon the acceptance of this act by the town of Needham as hereinafter provided, the selectmen shall, before December thirty-first of the year of acceptance, divide the territory thereof into not less than five nor more than ten voting precincts, each of which shall be plainly designated, and shall contain not less than five hundred registered voters. All precincts shall contain ap- proximately an equal number of registered voters.
The precincts shall be so established as to consist of com- pact and contiguous territor}^, to be bounded, as far as pos- sible, 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 December, once in five years, or in December of any year when so directed by a vote of a representative town meeting not later than November thirtieth of that 3^ear.
The selectmen shall, within twenty days after any estab- lishment or revision of the precincts, but not later than Jan- uary twentieth of the succeeding year, 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 at the town hall
22 Acts, 1950. — Chap. 31.
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. They shall also cause to be posted in at least one public place in each precinct a map or description of that precinct with the names and residences of the registered voters therein. The division of the town into precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the selectmen with the towTi clerk. Whenever the precincts are established or revised the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of the precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon an}-- 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 2. Said chapter 279 is hereby further amended by striking out section 2 and inserting in place thereof the following section : — Section 2. Other than the officers desig- nated in section three as town meeting members at large, the representative to"^Ti meeting membership in each precinct shall consist of the largest number divisible by three which will admit of a representation of all precincts by an equal number of members and which will not cause the total elected town meeting membership to exceed two hundred and fifty- two. The registered voters in every precinct shall, at the first annual town election held after the establishment thereof, and the registered voters of any precinct affected by any re- vision of precincts shall at the first annual towTi election fol- lowing 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 section three 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 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 election, and to and including the day of the next following annual town election. In case of a tie vote affecting the division into thirds as aforesaid 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 one third of the number of town meeting members to which such precinct is
Acts, 1950. — Chap. 31. 23
entitled for the term of three years, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing; in the number of town meeting members in such precinct. The terms of office of all elected town meeting members from every precinct revised as aforesaid shall cease upon the election, as herein provided, of their successors. The town clerk shall, after every election of town meeting members, forthwith notify each member by mail of his elec- tion.
Section 3. Section 3 of said chapter 279 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph : —
The representative to^vn meeting shall be the judges of the election and qualifications of its elected members. A ma- jority of the town meeting members shall constitute a quorum for doing business; but a less number may organize tem- porarily and may adjourn from time to time. Notice of every adjourned representative town meeting shall be posted by the town clerk in five or more public places in the town ; and the town clerk shall also notify the members by mail of the adjournment at least twenty-four hours before the time of the adjourned representative town meeting, if the period of adjournment will permit. The notices shall state briefly the business to be acted upon at any meeting and shall include notice of any proposed reconsideration. All town meetings shall be public; and, subject to such conditions as may be determined from time to time by the representative town meeting, any voter of the town who is not a towTi meeting member may speak at any representative town meeting, but he shall not vote. A town meeting member may resign by filing a written resignation with the town clerk, and such resignation shall take effect upon the date of such filing. Any elected town meeting member who becomes by appointment or election one of the officers designated as town meeting members at large shall upon such appointment or election cease to be an elected town meeting member. A town meet- ing member who removes from the town shall cease to be a town meeting member and an elected town meeting member who removes from one precinct to another or is so removed by a revision of precincts shall not retain membership after the next annual election as an elected member from the precinct from which he has or is removed. The town meeting mem- bers as such shall receive no compensation.
Section 4. Said chapter 279 is hereby further amended by striking out section 4 and inserting in place thereof the following section: — Section Jf. Nomination of candidates for town meeting members to be elected under this act shall be made by nomination papers, which shall bear no political designation, but to the name of a candidate for re-election may be added the words " Candidate for re-election ". Nom- ination papers shall be signed by not less than ten voters of the precinct in which the candidate resides, and filed with the town clerk on or before the date fixed by law as the last
24 Acts, 1950. — Chap. 31.
day for filing nomination papers by candidates for town office; provided, that any town meeting member may become a candidate for re-election by giving written notice thereof to the to-wn clerk on or before the last date fixed by law for the giving of such notice. No nomination papers shall be valid in respect to any candidate whose written acceptance is not thereon or attached thereto when filed.
Section 5. Said chapter 279 is hereby further amended by striking out section 5 and inserting in place thereof the following section: — Section 5. The articles in the warrant for every town meeting, as far as they relate to the election of the moderator, town officers, town meeting members, and, as herein provided, to referenda and all matters to be acted upon and determined by ballot shall be acted upon and de- termined by the registered voters of the towTi in their re- spective precincts. 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 for the meeting, subject to the referendum provided for by section eight.
Section 6. Said chapter 279 is hereby further amended by striking out section 7 and inserting in place thereof the following section: — Section 7. 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 town meeting members of the pre- cinct from among the registered voters thereof. Upon peti- tion therefor, signed by not less than ten tovra meeting mem- bers from the precinct, notice of any vacancy shall promptly be given by the to^\^l clerk to the remaining members from the precinct in which the vacancy or vacancies exist and the town clerk shall call a special meeting of such members for the purpose of filling any vacancy, and shall cause to be mailed to every such member not less than seven days be- fore the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall consti- tute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by written 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 members so chosen who shall thereupon be deemed elected and qualified a to\ATi meeting member or members, subject to the right of all the town meeting members to judge of the election and qualifi- cations of the members as set forth in section three.
Section 7. Sections 11 and 12 of said chapter 279 are hereby repealed.
Section 8. This act shall be submitted to the registered
Acts, 1950. — Chap. 32. 25
voters in the touTi of Necdham for acceptance at its annual town election in the year nineteen hundred and fifty. The vote shall be taken bj' ballot in accordance with the provi- sions of the General Laws, so far as the same shall be appli- cable, in answer to the question which shall be placed upon the official ballot to be used in said town at said election: "Shall an act passed by the General Court in the year nine- teen hundred and fifty entitled 'An act relative to voting precincts and the nomination, election and terms of office of town meeting members in the town of Needham' be ac- cepted by this town?"
Section 9. If this act is not accepted by the registered voters of the town of Needham when submitted to said voters under section eight, it may be submitted for acceptance in like manner to such voters at any annual town election in said town not later than the annual town election in said town in the year nineteen hundred and fifty-three.
Section 10. Upon its acceptance by a majority of the registered voters voting thereon at an annual town election as aforesaid, this act shall thereupon take effect in the town of Needham for all purposes incidental to the conducting of state primaries and elections, and for all purposes incidental to the next annual town election in said town, at which next annual town election all elected town meeting members shall be elected and the terms of office of all elected town meeting members then in office shall cease. For all other purposes, this act shall take effect upon the date of such next annual town election.
Section 11. For the purpose of such acceptance only, . this act shall take effect upon its passage.
Approved January 31, 1950.
Chap. 32
An Act relative to the corporate powers of the
EVERETT police MUTUAL AID ASSOCIATION, INCORPORATED.
Whereas, The deferred operation of this act would tend ^"^HmTr*'^ to defeat its purpose, w4iich in part is to enable the corpo- ration referred to therein to exercise without delay the power granted thereby, therefore it is hereby declared to be an emergency law, necessary for the immediate preserva- tion of the public convenience.
Be it enacted, etc., as follows. ■
The Everett Police Mutual Aid Association, Inc., a cor- poration duly established under the law^s of the common- wealth, is hereby authorized, upon the retirement of any member in good standing, to pay to .such member such sum, not exceeding five hundred dollars, as may be determined by vote of said corporation. Approved January 31, 1950.
26 Acts, 1950. — Chaps. 33, 34, 35.
Chap. 33 An Act relative to further stay of judgment and
EXECUTION IN ACTIONS OF SUMMARY PROCESS.
prTanfbiT^ TF/zereas, The deferred operation of this act would tend
in part to defeat its purpose, which is to provide the courts with further discretionary authority to prevent serious hardships in eviction cases arising out of the present severe housing shortage, 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 2 of chapter 43 of the acts of 1946, as most re- cently amended by chapter 87 of the acts of 1949, is hereby further amended by striking out, in line 3, the word "fifty" and inserting in place thereof the word : — fifty-one, — so as to read as follows : — Section 2. This act shall become inoperative on March thirty-first, nineteen hundred and fifty-one. Approved February 3, 1950.
Chap. 34 An Act relative to the use of a certain bathing beach
OF the park land at FALMOUTH HEIGHTS OWNED BY THE TOWN OF FALMOUTH.
Be it enacted, etc., as follows:
Section 1. The toT\Ti of Falmouth is hcreb}' authorized, upon a vote to that effect at any to^A^l meeting called for the purpose, to discontinue the use for park purposes of the bathing beach along the towTi park property at Falmouth Heights east of the McCann property, and thereafter to use and maintain said portion of said park land as a to^Ti bath- ing beach or for such other municipal purposes as said town from time to time may determine, and said town may re- strict the use of the same to its inhabitants, their guests and seasonal residents, and may adopt b5'"-laws, not repugnant to law, relative to the use, care, regulation and control of the same for such purposes.
Section 2. This act shall take effect upon its passage.
Approved February 3, 1950.
Chap. 35 An Act authorizing the town of Rutland to borrow
money for school purposes.
Be it enacted, etc., as follows:
Section 1. For the purpose of acquiring land and con- structing and originally equii){)ing and .furnishing a school building, the to^vTi of Rutland may borrow, from time to time, within a period of five years from the passage of this act, such sums of money as may be necessary, not exceeding, in the aggregate, one hundred thousand dollars, and may issue bonds or notes therefor which shall bear on their face the words Rutland School Loan, Act of 1950. Each au-
Acts, 1950. — Chaps. 36, 37. 27
thorizcd issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit but shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 3, 1950.
An Act providing for the acceptance of an act rela- Chap. 36
TIVE TO the granting OF VACATIONS FOR MEMBERS OF THE REGULAR AND PERMANENT POLICE AND FIRE FORCES IN CERTAIN CITIES AND TOWNS, BY TOWNS WHICH HAVE NOT ACCEPTED SAID ACT.
Be it enacted, etc., as follows:
Section 1. The acceptance of section one hundred and eleven D of chapter forty-one of the General Laws, as inserted by chapter three hundred and eighty-four of the acts of nineteen hundred and forty-nine, shall, upon petition of five per cent of the registered voters, be submitted to the voters of each towTi in the commonwealth which has not accepted said act, at the next annual town meeting therein, 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 j^ear nineteen hundred and forty-nine entitled 'An Act relative to the granting of vacations for members of the regular or permanent police and fire forces in certain cities and to^ATis' be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise.
Section 2. This act shall take effect upon its passage.
Approved February 3, 1950.
An Act authorizing the city of lynn to borrow money Qfidji 37
FOR school purposes. ^'
Be it enacted, etc., as follows:
Section 1. For the purpose of acquiring land for, and remodelling and constructing additions to, the Lynn Classi- cal High School building, including original equipment and furnishing of said additions, the city of Lynn may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding in the aggregate, seven hundred and twenty-five thousand dollars, and may issue bonds or notes therefor which shall bear on their face the words Lynn Classical High School Loan, Act of 1950. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates, but
28 Acts, 1950. — Chaps. 38, 39.
no issue shall be authorized unless, in the current year, there shall have been appropriated from available revenue funds, or voted to be raised by taxation for said school purposes, a sum equal to twenty-five cents on each one thousand dollars of the assessed valuation of said city for the preceding 3'ear. Indebtedness incurred under this act shall be in excess of the statutory limit, and shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of so much of the proviso in the first paragraph of section seven thereof as is incorporated herein.
Section 2. This act shall take effect upon its passage.
Approved February 3, 1950.
Chap. 38 An Act relative to the use of certain land and beach
OF THE TOWN OF FALMOUTH ALONG THAT PORTION OF WATER FRONT AT FALMOUTH HEIGHTS FROM THE TERRACE GABLES HOTEL TO THE BEACH OPPOSITE THE TOWER HOTEL.
Be it enacted, etc., as follows:
Section 1. The tow^n of Falmouth is hereby authorized, upon a vote to that effect at an}'- town meeting called for the purpose, to discontinue the use for pai-k purposes of the beach owned by said town, extending along the water front at Falmouth Heights, from the Terrace Gables Hotel prop- erty to the beach opposite the Tower Hotel, and thereafter to use and maintain said beach as a town bathing beach or for such other municipal purposes as said to\\'n from time to time may determine, and said town may restrict the use of the same to its inhabitants, their guests and seasonal residents, and may adopt by-laws, not repugnant to law, relative to the use, care, regulation and control of the same for such purposes.
Section 2. This act shall take effect upon its passage.
Approved February 3, 1950.
Chap. 39 An Act authorizing the city of north adams to borrow
money for school purposes.
Be it enacted, etc., as follows:
Section 1. For the purpose of acquiring land for, and constructing and originally equipping and furnishing school buildings, the city of North Adams may borrow fmm time to time within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, three hundred thousand dollars, and may issue bonds or notes therefor which shall bear on their face the words. North Adams School Loan, Act of 1950. Each authorized issue shall constitute a separate loan and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit but shall, except as provided herein, be subject to chapter forty-four of the General Laws,
Acts, 1950. — Chaps. 40, 41, 42. 29
including the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
A])proved February 5, 1950.
An Act relative to the disposition of state revenues. Chap. 40
Be it enacted, etc., as follows:
Chapter 29 of the General Laws is hereby amended by g. l. (Ter. striking out section 2, as appearing in the Tercentenary amended. Edition, and inserting in place thereof the following sec- tion:— Section 2. All revenue paj'able to the common- Disposition of wealth shall be paid into the general fund, except revenue st'^te revenues, required by law to be paid into a fund other than the general fund and revenue for or on account of sinking funds, trust funds, trust deposits and agency funds, which funds shall be maintained and the revenue applied in accordance with law or the purposes of the fund.
Approved February 3, 1950.
An Act relative to appropriations for the ordinary (JJiqj) 41 maintenance of the departments, offices, commis- siONs and institutions of the commonwealth.
Be it enacted, etc., as follows:
Chapter 29 of the General Laws is hereby amended by g. l. (Ter. striking out section 12, as most recently amended by section etc!, 'amended. 4 of chapter 037 of the acts of 1945, and inserting in place thereof the following section: — Section 12. Appropri a- Appropriations tions by the general court, unless specifically designated as for'thrfedi special, shall be for the ordinar}^ maintenance of the several y'^'^'"- departments, offices, commissions and institutions of the commonwealth and shall be made for the fiscal year unless otherwise specifically provided therein.
Approved February 3, 1950.
An Act relative to unexpended balances of appro- Chap. 42
PRIATIONS BY THE GENERAL COURT FOR ORDINARY MAIN- TENANCE.
Be it enacted, etc., as follows:
Chapter 29 of the General Laws is hereby amended by Sn^-^"^^!- striking out section 13, as appearing in the Tercentenary amended. ' Edition, and inserting in place thereof the following sec- tion:— Section 13. That portion of an appropriation for Unexpended ordinary maintenance representing encumbrances outstand- For'^ordrntry''^ ing on the records of the comptroller's bureau at the close maintenance, of the fiscal year may be applied to the paj^ment thereof in the nine months immediately succeeding such fiscal year; provided, however, that the budget commissioner at the written request of a spending agency ma}^, prior to the close of said nine months, extend for an additional three months
30
Acts, 1950. — Chaps. 43, 44.
the recorded encumbrance outstanding and the funds re- served therefor, by furnishing the comptroller with a copy of such request and his approval thereof.
The unencumbered balance of an appropriation for ordinary maintenance shall revert to the commonwealth at the close of the designated fiscal year.
Approved February 3, 1950.
Chap. 43 An Act relative to the availability for expenditure
OF appropriations BY' THE GENERAL COURT FOR OTHER THAN ORDINARY MAINTENANCE.
Be it enacted, etc., as follows:
G. L. (Ter. Ed.), 29, § 14, etc., amended.
ordinary maintenance.
Chapter 29 of the General Laws is hereby amended by striking out section 14, as most recently amended by section 12 of chapter 242 of the acts of 1945, and inserting in place f^?''o'th'er^than^ thereof the following section: — Section I4. Appropria- tions for other than ordinary maintenance, unless otherwise specifically provided therein, shall be available for ex- penditure in the two fiscal j^ears following June thirtieth of the calendar year in which the appropriation is made and any portion of such appropriation representing encum- brances outstanding on the records of the comptroller's bureau at the close of such second fiscal year may be applied to the payment thereof any time thereafter. The unen- cumbered balance of such appropriation shall revert to the comm^onwealth at the close of such second, or other desig- nated, fiscal year; provided, however, that appropriations for other than ordinary maintenance financed by the sale of bonds and notes, unless otherwise specifically provided therein, shall be available for expenditure in the five fiscal years following June thirtieth of the calendar 3'ear in which the appropriation is made and any portion of such appro- priation representing encumbrances outstanding on the records of the comptroller's bureau at the close of such fifth fiscal year may be applied to the payment thereof any time thereafter. The unencumbered balance shall revert to the commonwealth at the close of such fifth or other designated fiscal year. Approved February 3, 1950.
Chap. 44 An Act relative to payments from state appropria- tions.
Be it enacted, etc., as follows:
Chapter 29 of the General Laws is hereby amended by striking out section 20, as appearing in the Tercentenary Edition, and inserting in place thereof the following sec- tion : — Section 20. No account or demand requiring the certificate of the comptroller or warrant of the governor shall be paid from an appropriation unless it has been au- thorized and approved by the head of the department, office, commission or institution for which it was contracted ;
G. L. (Ter. Ed.), 29, § 20, amended.
Payments from appropriations, how author- ized.
Acts, 1950. — Chaps. 45, 46. 31
nor shall any appropriation be used for expenses, except gratuities and special allowances by the general court, unless properly approved vouchers therefor have been filed with the comptroller. Approved February S, 1950.
An Act relative to the incurring of expenses and Chap. 45
THE EXPENDING OF APPROPRIATIONS BY STATE DEPART- MENTS, OFFICES, COMMISSIONS AND INSTITUTIONS.
Be it enacted, etc., as follows:
Chapter 29 of the General Laws is hereby amended by o. l. (Ter. striking out section 27, as most recently amended by sec- ftl! 'amended. tion 2 of chapter 636 of the acts of 1947, and inserting in place thereof the following section: — Section S7. Notwith- Expenses and
'^ , . . . " • , , , increases in
standmg any provision of general law, no department, appropriations, office, commission and institution shall incur an expense, '^^^^^^'^ ■ increase a salary, or employ a new clerk, assistant or other subordinate, unless an appropriation by the general court and an allotment by the governor, sufficient to cover the expense thereof, shall have been made. Appropriations by the general court, and any allotments by the governor, shall be expended only in the amounts prescribed in the subsidi- ary accounts, if any, established for the several appropria- tion accounts in schedules established by, and on file with, the joint committee on ways and means. Said committee, as soon as may be after the general appropriation bill or any other appropriation bill has the force of law conformably to the constitution, shall file with the comptroller and with the budget commissioner, a certified copy of the schedules aforesaid which relate thereto.
Approved February 3, 1950.
An Act relative to appropriation accounts of state Chaj). 46
DEPARTMENTS, OFFICES, COMMISSIONS AND INSTITUTIONS.
Be it enacted, etc., as folloivs:
Chapter 29 of the General Laws is hereby amended by g. l. (Ter. striking out section 29, as most recently amended by section ^tcilameidld. 3 of chapter 636 of the acts of 1947, and inserting in place thereof the following section: — Section 29. Any subsidiary Subsidiary account set up as prescribed in the schedules referred to in be^approved by section twent\''-seven, on the books of any department, the budget
cr^ .■^. !•,•,,• •• • commissioner.
otnce, commission and institution, receiving an appropria- tion from the commonwealth, may be increased or decreased by interchange with any other such subsidiary account within the same appropriation account, if a request therefor from such department, office, commission or institution is approved in writing by the budget commissioner and is filed with the comptroller by said commissioner.
The comptroller may accept affidavits that expenditures are in accordance with the purpose of such appropriation or subsidiary accounts and do not exceed the unencumbered
32 Acts, 1950. — Chap. 47.
balances of the amounts provided therefor. The comptroller shall refuse to permit a disbursement or the incurring of an obligation if funds or allotments of funds under an appro- priation account or subsidiary account under an appropria- tion account, sufficient to cover such disbursement or obli- gation are not available and shall immediately give notice of such refusal to the budget commissioner and the depart- ment; office, commission or institution proposing the ex- penditure. Approved February 3, 1950.
Chap. 47 An Act authorizing the town of provincetown to
ESTABLISH A BOARD OF PUBLIC WORKS EXERCISING THE POWERS AND DUTIES OF WATER COMMISSIONERS, SEWER COMMISSIONERS AND OF SELECTMEN WITH RESPECT TO HIGHWAYS.
Be it enacted, etc., as follows:
Section 1. There shall be established in the town of Provincetown a board of public works, hereinafter called the board, to consist of the three members of the board of selectmen. The members of the board shall, forthwith after each annual town election, elect one of their members to act as chairman of the board for the ensuing year. In case of a vacancy, the remaining members of the board, if they constitute a quorum, may fill such vacancy until the next annual town election.
Section 2. Upon the qualification of the members of the board, the board of water commissioners and board of sewer commissioners shall be abolished, and thereupon all of the powers, duties, rights and liabilities of the board of water commissioners and the board of sewer commissioners, and of the selectmen in respect to all matters relating to the construction, care and maintenance of highways, bridges, drains and sidewalks, shall be conferred and imposed upon the board of public works created by this act. The board shall have all the powers, duties, rights and liabilities to maintain and regulate the rubbish-garbage disposal system in the town of Provincetown, including the operation and maintenance of the town dumping grounds. No contracts or liabilities existing at the time of the acceptance of this act shall be affected thereby, but the board shall be, in all respects and for all purposes whatsoever, the lawful successor of the board of water commissioners and the board of sewer commissioners, and also of the selectmen in all matters relating to the construction, care and maintenance of high- ways, bridges, drains and sidewalks, and shall be the la^vful successor to the board of health, but only in respect to the operation, maintenance and care of the rubbish-garbage disposal system and town dumping grounds.
Section 3. The board shall appoint and fix the com- pensation of a superintendent of public works, who shall exercise and perform, under its supervision and direction, such of the powers, rights and duties transferred to it under
Acts, 1950. — Chap. 47. 33
section two as it may from time to time designate. He shall be responsible for the efficient exercise and performance of such powers, rights and duties, and shall hold office subject to the will of the board. He shall be specially fitted by education, training and experience to perform the duties of said office, and may or may not be a resident of the town. During his tenure he shall hold no elective or other appointive office. He shall give to the town a bond with a surety com- pany authorized to transact business in the commonwealth as surety, for the faithful performance of his duties, in such sum and upon such conditions as the board may require, and shall, subject to the approval of the board, appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require. He shall keep full and complete records of the doings of his office and render to the board as often as it may require a full report of all operations under his control during the period reported upon; and annually, and from time to time as required by the board, he shall make a synopsis of such reports for publication. He shall keep the board fully advised as to the needs of the town within the scope of his duties, and shall annually furnish to the board, not less than ten days prior to the expiration of the fiscal year of said town, a carefully prepared and detailed estimate in writing of the appropriations required during the next succeeding fiscal year for the proper exercise and perform- ance of all said powers, rights and duties.
Section 4. The town may rescind all or any part of the action taken by it in pursuance of this act by a majority vote of the legal voters present and voting thereon by ballot at any town, meeting held after three years following the annual town election at which this act becomes fully effective.
Section 5. This act shall be submitted for acceptance to the legal voters of said town at the annual town election in the year nineteen hundred and fifty-one, in the form of the follo^ving question which shall be placed on the official ballot to be used for the election of town officers at said election: "Shall an Act passed by the General Court in the year nineteen hundred and fifty authorizing the Town of Provincetown to establish a board of public works exercising the powers of water commissioners, sewer commissioners and of selectmen with respect to highways, and also to maintain and regulate the rubbish-garbage disposal system and town dumping grounds, be accepted?" If a majority of the votes cast in answer to such question is in the affirmative, this act shall become fully effective beginning with, and for the purpose of, the annual town election in the year nineteen hundred and fifty-two; otherwise it shall be of no effect.
Approved February 3, 1950.
34 Acts, 1950. — Chap. 48.
Chap. 48 An Act authorizing the town of wakefield to estab- lish A department of public works and a board of
PUBLIC WORKS exercising THE POWERS OF CERTAIN OTHER BOARDS, DEPARTMENTS AND TOWN OFFICERS.
Be it enacted, etc., as follows:
Section 1. There shall be estabhshed in the town of Wakefield a department of public works which shall be under the jurisdiction of an unpaid board of public works, hereinafter called the board, to consist of three members. The initial members thereof shall be elected as provided in section four, one to serve for one year, one for two years, and one for three years from the date of the next annual town meeting following the date of their initial election, and thereafter when the term of any member expires his suc- cessor shall be elected to serve for three years. In all cases the members shall serve until their successors are elected and qualified. The members of the board shall, after each election, elect one of their number to act as chairman until the next election. If a vacancy occurs in the board, the remaining members, together with the board of selectmen, shall fill such vacancy until the next annual town meeting, when a new member shall be elected to fill the unexpired term. No person shall serve on the board who holds another elective or appointive office in the town.
Section 2. The board shall have all the rights, powers and liabilities vested in the selectmen in respect to the laying out, construction, maintenance and repair of streets, ways, bridges, sidewalks, monuments at the termini and angles of roads and guide posts, and in the lajnng out, con- struction, maintenance and repair of drains, and the granting of pole locations, including the authority vested in them as a board of survey under the provisions of chapter fort3''-one of the General Laws, and the rights, powers and liabilities of the selectmen as they pertain to the moth and tree de- partment, including the appointment of a tree warden and the collecting and disposal of rubbish. The board shall also have all the rights, powers and liabilities vested in the water and sewerage board, including all the rights and privileges, powers and obligations conferred upon the water and sewerage board by chapter three hundred and seventy- seven of the acts of nineteen hundred and chapter four hundred and eighty-eight of the acts of nineteen hundred and two, and any amendments thereto, and in addition, all the rights, powers and liabilities now vested in the park and cemetery board. The board shall also have the rights, powers and liabilities with respect to the collection and disposal of garbage and the physical care of dumps, all of which is now vested in the board of health, and also the care of public buildings, excepting school buildings, library, the town infirmary and those of the municipal light depart- ment. Upon the date when this act becomes fully efTective, as provided in section four, the board shall succeed to the
Acts, 1950. — Chap. 48. 35
rights, privileges, duties and liabilities as herein set forth, and thereupon the water and sewerage board and the park and cemetery board in said town of Wakefield shall cease to exist, and the board of selectmen of said town shall cease to have any authority relative to streets and drains, the moth and tree department and the collection and disposal of rubbish, nor shall the board of health, except as provided by law, have any authority relative to the collection of garbage and the physical care of dumps. No contracts or liabilities in force on the date when this act becomes fully effective shall be affected, but the board shall in all respects be the lawful successor relative to such contracts or liabili- ties of such boards or officers whose duties and responsibili- ties shall have been assumed by the board, and it shall be the duty of such various boards or officers to turn over to the board all contracts, papers, documents, plans and other property then in their custody relative to the operation of the board.
Section 3. The board shall appoint a director of public works, responsible to the board, who shall have full author- ity for carrying out the policies of the board and over the operations of the department. The director shall be ap- pointed for a term of three years, subject to removal by the board for cause, and his compensation shall be fixed by the board. He shall be specially fitted by education, training and experience to perform the duties of said office, and may or may not be a resident of the town. During his tenure he shall hold no other elective or appointive office nor shall he be engaged in any other business or occupation. He shall give bond to the town for the faithful performance of his duties in such sum, upon such conditions and with such sureties as the board may require and approve. The ex- penses of procuring such bond shall be paid by the town. The director shall appoint such staff of assistants and em- ployees as he deems necessary, and shall have the authority to remove them; such staff shall include a supervisor for each division of activities. He shall also establish a division of engineering, the supervisor of which shall be known as the town engineer, and through which division the director may, as the board directs, undertake such engineering services as the town may need in departments other than those under the jurisdiction of the board. He shall keep full and complete records of the doings of his oflfice, and shall render to the board reports as often and of such nature as it may require. All work involving the opening of the streets by any town department, including the municipal light department, shall be approved by the director of public works or by some one designated by him, before such opening is undertaken, except in the case of emergency. The municipal light department shall also confer with and inform the director of any contemplated future work under consideration which will involve the opening of streets or ways.
36 Acts, 1950. — Chap. 48.
Section 4. This act shall be submitted for acceptance to the legal voters of said town at the annual town election in the year nineteen hundred and fifty, in the form of the following question, which shall be placed on the official ballot to be used for the election of town officers at said election: — "Shall an Act passed by the General Court in the year nineteen hundred and fifty, entitled 'An Act au- thorizing the Town of Wakefield to establish a Department of Public Works and a Board of Public Works exercising the powers of certain other boards, departments and town officers' be accepted?" If a majority of votes cast in answer to such question is in the affirmative, this act shall become fully effective on the first day of July, nineteen hundred and fifty, except that the initial election of the board and their appointment of a director of public works shall take place as provided by this section. If, at the annual town, election held in the year nineteen hundred and fifty, a majority of votes cast in answer to such question is not in the affirma- tive, then, upon the receipt of a petition duly signed by not less than one hundred registered voters of the town request- ing its submission to the voters in a subsequent year, but not later than nineteen hundred and fifty-two, the board of selectmen shall thereupon cause to be placed on the official ballot at the next annual town election folloAnng the timely receipt of said petition, the question pertaining to the acceptance of this act as provided in this section, and if a majority of the votes cast in answer to such question is in the affirmative, this act shall become effective on the first day of July following. If this act is not accepted as pro- vided in this section, it shall thereupon become null and void. If a majority of votes cast in answer to the above question is in the affirmative, then the board of selectmen shall call a special town meeting on the fifth Monday after the date of the acceptance vote, at which meeting the initial election of a board of public works shall take place by secret ballot in the same manner in every respect as town officers are elected at annual town elections. Nominations of candi- dates for such election shall be nominated in writing and placed on the official ballot in the same manner in every respect as candidates for town offices at the annual town elections. The board so elected shall thereupon appoint a director of public works who, together with the board, shall assume their full duties and responsibilities on the date on which this act becomes fully effective. During the interim between the date of their election and the date of the full effectiveness of the act, the board and the director, after his appointment, shall have the full co-operation and assist- ance of the various town boards and officers whose duties they will assume in becoming familiar with the operations of the various departments involved.
Approved February S, 1950.
Acts, 1950. — Chaps. 49, 50, 51, 52. 37
An Act to permit the use of karris woods, so-called, (JJiaj), 49
IN THE town of NEEDHAM FOR GENERAL PARK PUR- POSES.
Be it enacted, etc., as follows:
Section 1. The town of Needham is hereby authorized, notwithstanding the limitation contained in the vote of its nineteen hundred and forty-one annual town meeting that such land be used "as natural park land only", to use the town-owned land off Harris avenue in said town, consisting of seventeen acres and being known as Harris Woods, for general park purposes.
Section 2. This act shall take full effect upon its ac- ceptance by the towTi of Needham at its next annual town meeting. Approved February 3, 1950.
Chap. 50
An Act to further clarify and amend the law pro- viding AN IMPROVED METHOD OF MUNICIPAL PLANNING.
Be it enacted, etc., as follows:
Section 8lL of chapter 41 of the General Laws, inserted ej^';4?["8il. by section 4 of chapter 340 of the acts of 1947, is hereby etc., 'amended. ' amended by inserting after the first sentence the following sentence : -^ Every such person so submitting a plat to the Notice of sub- planning board of a city or to\^Ti shall send notice to the nl';ueTto°city clerk of such city or town by registered mail, postage pre- °[^*''"'" '^'•^'"''• paid, that he has submitted such a plat, and such notice shall describe the land to which the plat relates sufficiently for identification and shall state the date when such plat was submitted; and the facts stated in such notice shall be taken by such city or town clerk as true, unless the contrary is made to appear. Approved February 3, 1950.
An Act relative to municipal debt limitation. Chav. 51
Be it enacted, etc., as follows:
Section 10 of chapter 44 of the General Laws, as most g. l. (Ter.^^ recently amended by chapter 329 of the acts of 1946, is etc!, 'amended'. hereby further amended by striking out the second sentence and inserting in place thereof the following sentence: — All Debt limit, authorized debts, except those expressly authorized by law to be incurred outside the debt limit, shall be reckoned in determining its limit of indebtedness under this section.
Approved February 3, 1950.
An Act changing the date for the holding of biennial Chav. 52
MUNICIPAL elections IN THE CITY OF SALEM.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any provision of general or special law to the contrary, beginning with the year nineteen hundred and fifty-one municipal elections in the
38 Acts, 1950. — Chaps. 53, 54, 55.
city of Salem, for the choice of mayor, members of the city council and members of the school committee, shall be held biennially on the Tuesday next following the first Monday in November in each odd-numbered year.
Section 2. This act shall take effect upon its acceptance during the current year by vote of the city council of said city, subject to the provisions of its charter, but not other- wise. Approved February 3, 1950.
Chap. 53 An Act authorizing the transfer of certain land
ADJOINING THE FAIRVIEW MEMORIAL SCHOOL IN THE CITY OF CHICOPEE FROM THE PARKS AND PLAYGROUNDS DEPART- MENT TO THE SCHOOL DEPARTMENT OF SAID CITY.
Be it enacted, etc., as follows:
Section 1. The parks and playgrounds department of the city of Chicopee is hereby authorized to transfer to the school department of said city control and charge of a parcel of land adjoining the Fairview Memorial school, being approximately two hundred and fifty feet long and one hundred and fifty feet wide, to be used for schoolhouse construction.
Section 2. This act shall take full 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, but not otherwise. Approved February 3, 1950.
Chap. 54 An Act authorizing the transfer of meadow brook
PARK IN THE TOWN OF ARLINGTON FROM THE BOARD OF PARK COMMISSIONERS TO THE BOARD OF CEMETERY COM- MISSIONERS OF SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The board of park commissioners of the town of Arlington is hereby authorized to transfer to the board of cemetery commissioners of said to^vn the control and charge of the park land located therein and known as Meadow Brook park. Said transfer shall take effect upon acceptance thereof by vote of the board of cemetery com- missioners. Thereafter the land so transferred shall be under the control and charge of said board of cemetery commis- sioners and shall be developed and maintained for cemetery purposes.
Section 2. This act shall take full effect upon its ac- ceptance at the next annual town meeting by vote of the town meeting members of the town of Arlington, but not otherwise. Approved February 3, 1950.
Chap. 55 An Act relative to approval of town charges.
Be it enacted, etc., as follows:
Edo.'4Ll'56. Chapter 41 of the General Laws is hereby amended by amended. ' striking out scction 56, as appearing in the Tercentenary
Acts, 1950. — Chaps. 56, 57. 39
Edition, and inserting in place thereof the following section: — Section 56. The selectmen and all boards, committees, Warrants for heads of departments and officer's authorized to expend "tFJcnrfitures. money shall approve and transmit to the town accountant as often as once each month all bills, drafts, orders and pay rolls chargeable to the respective appropriations of which they have the expenditure. Such ap})roval shall be given only after an examination to determine that the charges are correct and that the goods, materials or services charged for were ordered and that such goods and materials were deliv- ered and that the services were actually rendered to or for the to^^^l as the case may be. The town accountant shall examine all such bills, drafts, orders and pay rolls, and, if found correct and approved as herein provided, shall draw a warrant upon the treasury for the payment of the same, and the treasurer shall pay no money from the treasury except upon such warrant approved by the selectmen. So far as apt this section shall apply to cities.
Approved February 3, 1950.
An Act altering the provisions of law relating to (JJiaj) 56
APPROPRIATION, ADVISORY OR FINANCE COMMITTEES IN TOWNS.
Be it enacted, etc., as follows:
Section 16 of chapter 39 of the General Laws, as appearing g. l. (Ter. in the Tercentenary Edition, is hereby amended by striking amended.^ ^^' out the first paragraph and inserting in place thereof the following paragraph : — Everj'^ town whose valuation for the Appropriation, purpose of apportioning the state tax exceeds one million finln^e^om- doUars shall, and any other town may, by by-law provide mittees. for the election or the appointment and duties of appropria- '^"""''' budget, tion, advisory or finance committees, who shall consider any or all municipal questions for the purpose of making reports or recommendations to the town; and such by-laws may provide that committees so appointed or elected may con- tinue in office for terms not exceeding three years from the date of appointment or election.
Approved February 3, 1950.
An Act providing for court enforcement of foreign fh^^n ny
DECREES FOR ALLOWANCE, ALIMONY OR ALLOWANCE IN ^'
the NATURE OF ALIMONY.
Be it enacted, etc., as follows:
Section 35 of chapter 208 of the General Laws, as appear- g. l. (Ter. ing in the Tercentenary Edition, is hereby amended by in- amend^e^d^.' ^ ^^' serting after the word "decrees", in line 1, the words: — , including foreign decrees, — so as to read as follows: — Section 35. The court may enforce decrees, including for- Enforcement eign decrees, for allowance, alimony or allowance in the °^ ^''^o^y. etc nature of alimony, in the same manner as it may enforce decrees in equity. Approved February 3, 1950.
40 Acts, 1950. — Chaps. 58, 59, 60.
Chap. 58 An Act relative to the hours of duty of periManent
MEMBERS OF THE FIRE DEPARTMENT OF THE TOWN OF DEDHAM.
Be it enacted, etc., as follows:
Section 1. The hours of duty of the permanent mem- bers of the uniformed fire fighting force in the town of Ded- ham shall be so established by the chief of the fire depart- ment that the average weekly hours of duty in any year, other than hours during which such members may be sum- moned and kept on duty because of conflagrations, shall not exceed fifty-six in number. Sections fifty-six, fifty-seven, fifty-eight A and fifty-nine of chapter forty-eight of the General Laws shall not apply to the permanent members of the uniformed fire fighting force in said town.
Section 2. This act shall be submitted for acceptance to the voters of said town at its next annual to\\Ti meeting 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 Gen- eral Court in the year nineteen hundred and fifty, providing for a fifty-six hour week for the permanent members of the fire department of this town, be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not other- wise. Approved February S, 1950.
Chap. 59 ^'^ -A^^T REVIVING CANADIAN CLUB OF TAUNTON, INC.
Be it enacted, etc., as follows:
Canadian Club of Taunton, Inc., a corporation dissolved by a decree of the supreme judicial court on April twenty- sixth, nineteen hundred and forty-four, is hereby revived with the same powers, duties and obligations as if said decree had not been entered. Approved February 3, 1950.
Chap. 60 An Act authorizing the department of education to
GRANT THE DEGREE OF BACHELOR OF FINE ARTS TO CERTAIN students at THE MASSACHUSETTS SCHOOL OF ART.
Be it enacted, etc., as follows:
Ed^'yJl'v Section 7 of chapter 73 of the General Laws, as most
etc., 'amended, rcccutly amended by section 3 of chapter 620 of the acts of 1948, is hereby further amended by adding at the end the Say*gr™nT* following scntcnce: — The department may grant the degree certain de- of bachclor of fine arts to any student at the Massachusetts ^^^^^' school of art upon the successful completion of certain four-
year prescribed courses in the field of fine arts.
Approved February 3, 1950.
Acts, 1950. — Chaps. 61, 62, 63. 41
An Act providing for the semester system in barber (JJkjj) qi
SCHOOLS and barber COLLEGES.
Be it enacted, etc., as follows:
Section 87P of chapter 112 of the General Laws, as g. l. (Ter. amended In' section 3 of chapter 260 of the acts of 1934, is §'s7P^etc hcreb}' further amended by adding at the end the following: imiended. '
— The course of study in any such school or college shall be Courses to be on a semester basis. Students shall be admitted for instrue- CLL'*'^""^'***^'^ tion only at the beginning of a semester.
Approved February 3, 1950.
An Act relative to appropriations by the town of nhfj^ ao
NANTUCKET FOR MUNICIPAL ADVERTISING PURPOSES AND ^'
FOR PUBLIC AMUSEMENTS.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 139 of the acts of 1937, as amended by section 1 of chapter 32 of the acts of 1947, is hereby further amended by striking out, in line 3, the word "six" and inserting in place thereof the word: — ten,
— so as to read as follows: — Section 1. The town of Nan- tucket may, by a majority vote, appropriate each year a sum not exceeding ten thousand dollars for advertising the advantages of the town and for providing amusements or entertainments of a public character. The money so appro- priated by the town shall be expended under the direction of the board of selectmen.
Section 2. This act shall take effect upon its passage.
Approved February 7, 1950.
An Act relative to salaries authorized by directors nhn^ aq OF domestic insurance companies. ^'
Be it enacted, etc., as follows:
Chapter 175 of the General Laws is hereby amended by g. l. (Ter. striking out section 35, as appearing in the Tercentenary amended^.' ^ ^^' Edition, and inserting in place thereof the following: — Section 35. No domestic company shall pay any salary. Salaries to be compensation or emolument to any officer, trustee or director drre^ctors^"^ ^^ thereof, nor any salary, compensation or emolument amount- Limitations. ing in any year to more than ten thousand dollars to any person, unless such payment be first authorized by a vote of its board of directors. No such company shall make any agreement with any of its officers, trustees or employees whereby it agrees that for any services rendered or to be rendered he shall receive any salary, compensation or emolu- ment that will extend beyond a period of three years from the date of such agreement; nor shall such company pay any pension except as provided in section thirty-six.
Approved February 7, 1950.
42
Acts, 1950. — Chap. 64.
G. L. (Ter. Ed.). 206, § 25, amended.
Unclaimed money to be deposited in savings bank, etc..
Chap. 64 An Act providing that certain unclaimed money may
BE INVESTED IN THE PURCHASE OF SHARE ACCOUNTS OF FEDERAL SAVINGS AND LOAN ASSOCIATIONS OR SAVINGS AND LOAN ASSOCIATIONS AND PROVIDING FOR THE MANNER IN WHICH SAID PURCHASE SHALL BE HELD, TRANSFERRED AND PAID.
Be it enacted, etc., as follows:
Section 1. Chapter 206 of the General Laws is hereby amended by striking out section 25, as appearing in the Tercentenary Edition, and inserting in place thereof the following section : — Section 25. If money which a decree of a probate court has ordered to be paid over remains for six months unclaimed, the executor, administrator, guardian, conservator or trustee who was ordered to pay the same may deposit it in a savings bank or other like institution, or invest it in bank stock or other stocks, or in share ac- counts of a federal savings and loan association or a savings and loan association located in the commonwealth, as the probate court orders, to accumulate for the benefit of the person entitled thereto. Such deposit or investment shall be made in the name of the judge of probate for the time being and shall be subject to the order of the judge and of his successors in office as hereinafter provided. The person making such deposit or investment shall file in the probate court a memorandum thereof, with the original certificates or other evidences of title thereto, which shall be allowed as a sufficient voucher for such payment. When the person entitled to the money deposited or invested satisfies the judge of his right to receive it, the judge shall cause it to be paid over and transferred to him.
Section 2. Chapter 241 of the General Laws is hereby amended by striking out section 34, as appearing in the Tercentenary Edition, and inserting in place thereof the following section : — Section 34- If the proceeds of a sale, or any share thereof, cannot be paid to the persons entitled thereto, the commissioners shall deposit the same in the name of the judge of probate for the county where the pro- ceedings are had, in such savings bank or other like institu- tion, or purchase with it in the name of said judge of probate a share account of a federal savings and loan association or a savings and loan association located in the commonwealth, as the court orders, to accumulate for the persons entitled thereto. The deposit or purchase shall be subject to sections twenty-five to twenty-eight, inclusive, of chapter two hun- dred and six, so far as applicable.
Approved February 7, 1950.
G. L. (Ter. Ed.). 241, § 34, amended.
Disposal of
proceeds
unclaimed.
Acts, 1950. — Chaps. 65, 6G. 43
An Act fi'rther authorizing agreements by fiduci- QJidry 55
ARIES with their TRUSTEES FOR JOINT CONTROL OF TRUST ESTATES.
Be it enacted, etc., as follows:
Chapter 205 of the General Laws is hereby amended by q. u. (Ter. striking out section 19A, as appearing in the Tercentenary lioXf"''' Edition, and inserting in place thereof the following sec- "'"ended. tion: — Section 19 A. Any receiver, assignee, guardian, Agreoments conservator, trustee, executor, administrator or other fiduci- wuh'thc"'"^
neir
ary, or party from whom a bond is required, may agree -"[nt'coij'/oi and arrange with his sureties for the deposit for safe keeping of trust of any or all moneys, assets, and other property for which thoHze'd!^"' he is or may be responsible with a bank, savings bank, safe deposit or trust companj' authorized by law to do business as such in the commonwealth, or to invest such moneys in the purchase of share accounts of a federal savings and loan association or a savings and loan association located in the commonwealth, and in such manner as to prevent the with- drawal or alienation of such money, assets or other property or any part thereof, without the written consent of such sureties, or an order of the court in which said bond is filed, or of a judge thereof, made on such notice to such sureties as the court or judge may direct.
Approved February 7, 1950.
An Act empowering the probate court to authorize Chav 66
CERTAIN fiduciaries TO USE CERTAIN MONEYS TO PUR- chase share ACCOUNTS OF FEDERAL SAVINGS AND LOAN ASSOCIATIONS OR SAVINGS AND LOAN ASSOCIATIONS LO- CATED IN THE COMMONWEALTH.
Be it enacted, etc., as follows:
Section 1. Chapter 201 of the General Laws is hereby G- i- (Ter. amended by striking out section 48 A, as most recently § 48A^etc., amended by chapter 14 of the acts of 1949, and inserting in "^^^nded. place thereof the following section: — Section 48 A. Upon Provision for application therefor by a conservator or by a guardian of an of'wards.'''"'^^^ insane person or a spendthrift, whose ward is a resident of the commonwealth, the probate court, after such notice as it deems necessary, and a hearing, may authorize such con- servator or guardian to deposit for the purpose hereinafter stated, in a savings bank, or in the savings department of a trust company, within the commonwealth, a sum not ex- ceeding one hundred and fifty dollars, or may authorize said conservator or guardian to purchase a share account of a federal savings and loan association or a savings and loan association located within the commonwealth, in a sum not exceeding one hundred and fifty dollars, to be expended solely for, or towards the expense of, the burial of his ward. Such deposit or purchase shall be made in the name of the
44 Acts, 1950. — Chap. 66.
judge of probate for the time being, and shall be subject to the order of the judge and of his successors in office. The person making such deposit or purchase shall file in the probate court a memorandum thereof and the deposit book or share account book, and the amount so deposited or pur- chased shall, for the purpose of the accounting by said guard- ian or conservator, be allowed as payment. Upon the death of such ward, the probate court may, upon application and after like notice and hearing, order the payment of such de- posit or purchase, together with any accrued interest thereon, hereinafter referred to as such deposit or purchase, to the executor of the will of such ward or to the administrator of the estate, to be expended by him only for the purpose here- inbefore stated, and, in case no executor or administrator is appointed, said court may order payment from such deposit or purchase together with any accrued interest thereon to any undertaker or other person, of any charge for such burial or sum expended therefor which it finds to be proper, but not exceeding the amount of such deposit or purchase together with any accrued interest thereon, or may apportion such deposit or purchase together with any accrued interest thereon between several claimants for such charges or ex- penses but in no event to exceed the total amount of such charges, or expenses; provided that any balance remaining after the payment of such charges or expenses shall become general assets of the estate. Ed)"2or§27 Section 2. Chapter 206 of the General Laws is hereby am'eAded.' ' amended by striking out section 27, as appearing in the Ter- centenary Edition, and inserting in place thereof the follow- Deposit of incr gcctiou : — Section 27. If an executor, administrator,
certain funds. ■=■ ,. i i ^ i • i i
guardian, conservator or trustee has money which he con- siders it advisable to deposit in a savings bank, or with which he considers it advisable to purchase share accounts of a federal savings and loan association or a savings and loan association located in the commonwealth, in the name of the judge of probate, for the benefit of any person, ho may apply to the probate court by which he was appointed for leave so to do, and the court may in its discretion, without notice, direct such money to be so deposited, or such purchase to be made. When the deposit is made the deposit book of the bank shall be filed in said court and when a purchase is made the account book of said federal savings and loan association shall be filed in said court. When the person entitled to such money satisfies the court of his right to receive it, the court shall by decree direct that it be transferred to him. Edt'2i5'^'§ 41 Section 3. Chapter 215 of the General Laws is hereby amended.' ' amended by striking out section 41, as appearing in the Ter- centenary Edition, and inserting in place thereof the follow- Temporary Ing section : — SecHon 41- A probate court may, upon ap- investments. pijcation of a pci'sou interested in an estate in process of settlement in such court, direct the temporary investment of any money belonging to such estate in securities approved by the judge, or in share accounts of federal savings and loan
Acts, 1950. — Chaps. 67, 68, 69. 45
associations or a savings and loan association located in the commonwealth; or it may authorize the money to be de- posited in any bank or institution in the commonwealth em- powered to receive such deposits, upon such interest as such bank or institution may agree to pay.
Approved February 8, 1950.
An Act eelative to the use of seines, drag-nets or (Jfidr) Q7
GILL-NETS IN MENEMSHA POND. "'
Be it enacted, etc., as follows:
Section 1. No seine, drag-net or gill-net shall at any time be drawn or used in Menemsha pond, situated in Gay Head, within fifty rods from the mouth of the Gay Head Herring creek.
Section 2. Any person violating the provisions of this act shall be punished by a fine not exceeding two hundred dollars, and by the forfeiture of any boat used by him in such violation.
Section 3. Chapter 190 of the acts of 1873 is hereby repealed.
Section 4. This act shall take effect upon its passage.
Approved February 11, 1950.
An Act prohibiting the use of purse seines in taking QhnrQ gc
FISH in a certain PART OF THE WATERS OF PROVINCE- ^'
TOWN HARBOR.
Be it enacted, etc, as follows:
Section 1. Whoever uses a purse seine in that part of the waters of Provincetown harbor lying within the outer boundary of said harbor, as defined in section two, shall be punished by a fine of not less than five hundred nor more than one thousand dollars.
Section 2. For the purposes of this act, the outer bound- ary of Provincetown harbor is described as follows : — Be- ginning at Long Point Light and running easterly on a line between said light and the stack of the Provincetown water works pumping station in Truro, a distance of one nautical mile, more or less, to its intersection with the town boundary between Provincetown and Truro, thence running northerly along said boundary a distance of one and one half nautical miles, more or less, to the shore line southerly of Mount Arat.
Section 3. This act shall take effect upon its passage.
Approved February 11, 1950.
An Act prohibiting the taking of fish by otter trawl- QJiav. 69
ING in certain waters IN BARNSTABLE COUNTY.
Be it enacted, etc., as follows:
Section 1. Any provision of general or special law to the contrary notwithstanding, no person shall take fish by
46 AcTS; 1950. — Chaps. 70, 71.
otter trawling in the waters of Round cove in the town of Harwich, Ryder's cove in the town of Chatham, or Quonset pond in the town of Orleans. Whoever violates this section shall be punished by a fine of not less than twenty nor more than fifty dollars.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1950.
Chav. 70 An Act authorizing the toW'N of wakefield to borrow
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of acquiring land for and constructing an addition to the high school building, and originally equipping and furnishing said addition, the town of Wakefield may borrow, from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, two million dollars, and may issue bonds or notes of the town therefor which shall bear on their face the words, Wakefield School Loan, Act of 1950. Each authorized issue shall constitute a separate loan and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit and shall, except as herein provided, be subject to chapter forty-four of the General Laws, including the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1950.
Chav. 71 An Act increasing the amount of money w^hich the
TOWN OF WEST BRIDGEWATER MAY BORROW FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING AND FURNISHING A SCHOOL BUILDING.
Be it enacted, etc., as follows:
Section 1. Section 1 of chapter 285 of the acts of 1949 is hereby amended by striking out, in line 6, the word "six" and inserting in place thereof the word: — eight, — so as to read as follows : — Section 1 . For the purpose of construct- ing and originally equipping and furnishing a school build- ing, the towTi of West Bridgewater may borrow from time to time, within a period of five years from the effective date of this act, such sums of money as may be necessary, not exceeding, in the aggregate eight hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words. West Bridgewater School Loan, Acts of 1949. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the
Acts, 1950. — Chaps. 72, 73, 74. 47
General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1950.
An Act authorizing the town of somerset to borrow (Jjidy 70
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purposes of constructing a junior high school building, and originally equipping and furnish- ing such building, the town of Somerset may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, five hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words Somerset School Building Loan, Act of 1950. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in ex- cess of the statutory limit, but shall, except as herein pro- vided, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1950.
Chap. 73
An Act authorizing the city of holyoke to incur debt for the purpose of selling and distributing steam.
Be it enacted, etc., as follows:
Section 1. Chapter 289 of the acts of 1947 is hereby amended by adding at the end the following section: — Section 4- The sale and distribution of steam generated by the city's gas or electric plants shall be deemed a part of the operations of said plants respectively, and all property and equipment incidental thereto shall be deemed a part of the property and equipment of said plants respectively for all purposes; and said city may incur debt as provided in clause (8) of section eight of chapter forty-four of the Gen- eral Laws for extending or enlarging its gas or electric plants for the purpose of selling or distributing steam in accordance with this act.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1950.
An Act authorizing the town of franklin to borrow Qhav 74
MONEY for school PURPOSES. ^'
Be it enacted, etc., as follows:
Section 1. For the purposes of acquiring land for, and constructing and originally equipping and furnishing, one or
48 Acts, 1950. — Chaps. 75, 76.
more school buildings, the town of Franklin may borrow, from time to time, within a period of five years from the passage of this act, such sums of money as may be necessary, not exceeding, in the aggregate, two hundred and fifty thou- sand dollars, and may issue bonds or notes of the town therefor which shall bear on their face the words, Franklin School Loan, Act of 1950. Each authorized issue shall con- stitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness in- curred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof. Section 2. This act shall take effect upon its passage.
Approved February 11, 1950.
Chap. 75 An Act authorizing the city of lynn to borrow money
FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section L For the purpose of acquiring land for and constructing school buildings and an addition to the Pick- ering junior high school building, and origmally equipping and furnishing such buildings and addition, or for any of such purposes, the city of Lynn may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, two and a half million dollars, and may issue bonds or notes therefor which shall bear on their face the words, Lynn School Loan, Act of 1950. Each authorized issue shall constitute a separate loan and such loans shall be paid in not more than twenty years from their dates. In- debtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be sub- ject to chapter forty-four of the General Laws, including the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1950.
Chap. 76 An Act relative to appropriations by the town of
PLYMOUTH FOR MUNICIPAL ADVERTISING PURPOSES AND FOR PUBLIC AMUSEMENTS.
Be it enacted, etc., as follows:
Section 1. The town of Plymouth may, by a majority vote, appropriate each year a sum not exceeding five thou- sand dollars for advertising the advantages of the town and for providing amusements or entertainments of a public character. The money so appropriated by the town shall be expended under the direction of the selectmen.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1950.
Acts, 1950. — Chap. 77. 49
An Act authorizing the town of rockport to construct QJidj) 'j'j
AND OPERATE A SYSTEM OF SEWERS.
Be it enacted, etc., as follows:
Section 1. The to^vTi of Rockport, hereinafter called the to\Mi, may lay out, construct, maintain and operate a system or systems of main drains and, common sewers for a part or the whole of its territorj'-, with such connections and other works as may be required for a system of sewage disposal, and may construct such sewers or drains in said towTi as may be necessary, and, for the purpose of providing better surface or other drainage, may make, lay and maintain such drains as it deems best; and, for the purposes aforesaid, the town may, within its limits, make and maintain subdrains.
Section 2. The town may make and maintain, in any way therein where main drains or common sewers are con- structed, such connecting drains, subdrains and sewers within the limits of such way as may be necessary to con- nect any estate which abuts upon the way.
Section 3. The board of sewer and water commissioners, acting for and on behalf of said town, may take by eminent domain under chapter seventy-nine of the General Laws, or acquire by purchase or otherwise, any lands, water rights, rights of way or easements, public or private, in said town, necessary for accomplishing any purpose mentioned in this act, and may construct such main drains and sewers under or over any bridge, railroad, railway, boulevard or other public way, or within the location of any railroad, and may enter upon and dig up any private land, public way or rail- road location, for the purpose of laying such drains and sewers and of maintaining and repairing the same, and may do any other thing proper or necessary for the purposes of this act; provided, that they shall not take in fee any land of a rail- road corporation, and that they shall not enter upon or con- struct any drain or sewer within the location of any railroad corporation except at such time and in such manner as they may agree upon with such corporation, or, in case of failure to agree, as may be approved by the department of public utilities.
Section 4. Any person injured in his property by any action of said board of sewer and water commissioners under this act may recover damages from said town under said chapter seventy-nine.
Section 5. The town shall, by vote, determine what proportion of the cost of said system or systems of sewerage and sewage disposal the town shall pay; provided, that it shall pay not less than one fourth nor more than two thirds of the whole cost. In providing for the payment of the re- maining portion of the cost of said system or systems or for the use of said system or systems, the town may avail itself of any or all of the methods permitted by the General Laws, and the provisions of said General Laws relative to the
50 Acts, 1950. — Chap. 77.
assessment, apportionment, division, reassessment, abate- ment and collection of sewer assessments, to liens therefor and to interest thereon, shall apply to assessments made under this act, except that interest shall be at the rate of four per cent per annum.
At the same meeting at which it determines the propor- tion of the cost which is to be borne by the town, it may by vote determine by which of such methods the remaining portion of said cost shall be provided for. The collector of taxes of said towTi shall certify the payment or payments of such assessments or apportionments thereof to the sewer commissioners, or to the selectmen acting as such, who shall preserve a record thereof.
Section 6. The receipts from sewer assessments and from payments made in lieu thereof shall be applied to the pay- ment of charges and expenses incident to the maintenance and operation of said system of sewerage and sewage dis- posal or to the extension thereof, to the payment of interest upon bonds or notes issued for sewer purposes or to the payment or redemption of such bonds or notes.
Section 7. Said board may, in its discretion, prescribe for the users of said sewer systems such annual rentals or charges based on the benefits derived therefrom as it may deem proper, subject, however, to such rules and regulations as may be fixed by vote of the town.
Section 8. All contracts made by the board of sewer and water commissioners shall be made in the name of the town and shall be signed by the board, but no contract shall be made or obligation incurred by said board for any purpose in excess of the amount of money appropriated by the to^vn therefor.
Section 9. Said board may, from time to time, prescribe rules and regulations for the connection of estates and build- ings with main drains and sewers, and for inspection of the materials, the construction, alteration and use of all con- nections and drains entering into such main drains or sewers, and may prescribe penalties, not exceeding twenty dollars, for each violation of any such rule or regulation. Such rules and regulations shall be published at least once a week for three successive weeks in some newspaper published in the town of Rockport, if there be any, and if not, then in some newspaper published in the county of Essex, and shall not take effect until such publications have been made.
Section 10. No act shall be done under authority of the preceding sections except in the making of surveys and other preliminary investigations, until the plans for said system of sewerage and sewage disposal have been approved by the state department of public health. Upon application to said department for its approval, it shall give a hearing, after due notice to the public. At such hearing, plans showing the work to be done in constructing said system of sewerage and sewage disposal shall be submitted for approval by said department.
Acts, 1950. — Chap. 78. 51
Section 11. This act shall take full effect upon its ac- ceptance by vote of a majority of the voters of said town voting thereon at a town meeting called for the purpose within two years after its passage, but not otherwise. No expenditure shall be made and no liability incurred here- under until such acceptance.
Approved February 11, 1950.
An Act relative to certain parades, processions, and QJkit) 78 organized formations in the city of boston.
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 263 of the acts of 1929, as amended by section 1 of chapter .362 of the acts of 1949, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentences: — For the purpose of conserving the public convenience in the use of the streets, ways, highways, roads and parkways under the control of the city, the commission shall have ex- clusive authority to adopt, amend, alter and repeal rules, which shall be reasonable and not repugnant to law, regu- lating the time, place and manner of parades, processions, and other organized formations of persons or vehicles, other than funeral processions and picket lines, in or upon all or any such streets, ways, highways, roads and parkways, and prescribing that no person shall take part in any parade, procession or other organized formation of persons or ve- hicles, other than a funeral procession or a picket line, in or upon any such street, way, highway, road or parkway unless the commission has granted a permit for such parade, pro- cession or formation; provided, however, that no rule pre- scribing a permit shall be valid unless it also requires the issuance of the permit in all cases except where the time, place and manner are not in conformity with rules adopted hereunder and except where the permit would conflict as to time or place with a permit previously issued; and provided, further, that, notwithstanding anything to the contrary in chapter two hundred and twenty-two of the acts of nineteen hundred and forty-nine, no fee shall be charged for any such permit. The commission shall also have exclusive authority, except as otherwise herein provided, to adopt, amend, alter and repeal rules and regulations, not inconsistent with gen- eral law as modified by this act, relative to vehicular street traflfic in the city, and to the movement, stopping or stand- ing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads and parkways, under the control of the city, including rules and regulations designating any way or part thereof under said control as a through way under and subject to the provisions of section nine of chapter eighty-nine of the General Laws, as amended. The com- mission may prescribe penalties not exceeding fifty dollars for the violation of any rule or regulation adopted under this section.
52 Acts, 1950. — Chaps. 79, 80.
Section 2. On and after the effective date of this act, the board of street commissioners of the city of Boston shall have no jurisdiction over parades, processions, and other organized formations of persons or vehicles in said city.
Approved February 11, 1950.
Chap. 79 An Act authorizing the eastern commercial travelers
ACCIDENT ASSOCIATION AND THE EASTERN COMMERCIAL TRAVELERS HEALTH ASSOCIATION TO SET UP AND PROVIDE UNDER THEIR BY-LAWS A PLAN FOR THE PAYMENT OF HOS- PITAL AND MEDICAL EXPENSES AND FOR CERTAIN OTHER SERVICES.
Be it enacted, etc., as follows:
Upon the passage of a majority vote of the members of the Eastern Commercial Travelers Accident Association and of the Eastern Commercial Travelers Health Association at a duly called regular or special meeting amending their respec- tive by-laws to provide for the operation of a plan for the payment of hospital and medical expenses and for the serv- ices of surgeons, physicians and nurses, or for any one of these services or expenses, in connection with sickness, dis- ease or accidents or the results therefrom, and said Eastern Commercial Travelers Accident Association and the said Eastern Commercial Travelers Health Association are hereby authorized to establish one common fund to be kno^\^l as the Eastern Commercial Travelers Accident and Health Asso- ciations Hospitalization Fund. Such fund shall be subject to the provisions of section thirteen A of chapter one hun- dred and seventy-six of the General Laws, inserted by sec- tion one of chapter three hundred and forty-six of the acts of nineteen hundred and forty-five. In the event of liquida- tion, dissolution or merger of either or both of said associa- tions, the said fund shall be terminated and its assets shall be equitably distributed to the persons entitled thereto.
Approved February 11, 1950.
Chap. 80 An Act relative to liens for water accounts not
ADDED TO, OR COMMITTED AS, TAXES AS PROVIDED BY LAW.
Be it enacted, etc., as follows:
KdV'4?^'^' '^^^ second paragraph of section 42D of chapter 40 of the
M2b, etc.. General Laws, as most recently amended by section 4 of a.nonded. chapter 380 of the acts of 1941, is hereby further amended
f^fwater'^"^ "^^ inserting after the second sentence the following: — Any- accounts to ^ thing in section forty-two B to the contrary notwithstanding, if any account referred to in a statement so filed for record is not added to or committed as a tax in the real estate tax list and warrant so committed next after the filing of such state- ment, the lien for such account shall terminate at the expira- tion of two years from the first day of October next following
terminate, etc.
Acts, 1950. — Chaps. 81, 82. 53
the filing of such statement for record and shall thereupon, upon the request of any person, be disclaimed and released in the same manner as a lien deemed invalid under section forty-two B. Approved February 11, 1950.
An Act to protect pttrchaseks on credit, conditional QJku) qi sale or sale subject to a personal property mort- *
gage from unconscionable finance charges.
Be it enacted, etc., as follows:
Chapter 255 of the General Laws is hereby amended by g. t,. (Ter. inserting after section 12 the following section: — Section §'i2Afadded"' 12 A. Every contract of sale on credit, conditional sale or Finance sale subject to a personal property mortgage in which finance saies^on wedit, charges are included shall be in writing and shall have g,';'"^'*'?"'*' printed thereon in not less than eight point bold face type the words, "The Finance Charges Provided Herein Are not Regulated by Law. They Are a Matter for Agreement be- tween the Parties.". Approved February 11, 1950.
An Act authorizing the town of Halifax to supply itself and its inhabitants with water.
Be it enacted, etc., as follows: )
Section 1. The town of Halifax may supply itself and its inhabitants with water for the extinguishment of fires and for domestic and other purposes; may establish foun- tains and hydrants, relocate or discontinue the same, and may regulate the use of such water and fix and collect rates to be paid for the use of the same.
Section 2. For the purposes aforesaid, said town, act- ing by and through its board of water commissioners herein- after provided for, may contract with any other munici- pality, acting through its water department, or with any water company, or with any water district, for whatever water may be required, authority to furnish the same being hereby granted, or may take by eminent domain under chapter seventy-nine of the General Laws, or acquire by lease, purchase, gift, devise or otherwise, and hold, the waters, or any portion thereof, of any pond, brook, spring or stream or of any ground water sources, by means of driven, artesian or other wells or filter galleries, within the limits of said town, not already appropriated for purposes of public water supply, and the water rights connected with any such water sources; and also for said purposes may take by emi- nent domain under said chapter seventy-nine, or acquire by lease, purchase, gift, devise or otherwise, and hold, all lands, rights of way and other easements necessary for col- lecting, storing, holding, purifying and treating such water and protecting and preserving the purity thereof and for conveying the same to any part of said town ; provided, that no source of water supply and no lands necessary for pro- tecting and preserving the purity of the water shall be taken
Chap. 82
54 Acts, 1950. — Chap. 82.
or used without first obtaining the advice and approval of the department of pubhc health, and that the location and arrangement of all dams, reservoirs, wells or filter galleries, filtration and pumping plants or other works necessary in carrying out the provisions of this act shall be subject to the approval of said department; and for said purposes said town may acquire by lease, purchase, gift, bequest or other- wise any appliances, works, tools, machinery and other equipment that may be necessary or expedient in carrying out the provisions of this act. Said town may construct and maintain on the lands acquired and held under this act proper dams, wells, reservoirs, pumping and filtration plants, buildings, standpipes, tanks, fixtures and other struc- tures, including also purification and treatment works, the construction and maintenance of which shall be subject to the approval of said department of public health, and may make excavations, procure and operate machinery, and pro- vide such other means and appliances and do such other things as may be necessary for the establishment and main- tenance of complete and effective water w^orks; and for that purpose may construct, lay and maintain aqueducts, con- duits, pipes and other works, under or over any lands, water courses, railroads, railways and public or other ways, and along any such way in said town in such manner as not un- necessarily to obstruct the same; and for the purposes of constructing, laying, maintaining, operating and repairing such conduits, pipes and other works, and for all other proper purposes of this act, said town may dig up or raise and embank any such lands, highwaj^s or other ways in such manner as to cause the least hindrance to public travel thereon; provided, that all things done upon any such way shall be subject to the direction of the selectmen of said town. Said town shall not enter upon, construct or lay any conduits, pipes or other works within the location of any railroad corporation except at such time and in such manner as it may agree upon with such corporation or, in case of failure so to agree, as may be approved by the department of public utilities. Said town may enter upon any lands for the purpose of making surveys, test pits and borings, and may take or otherwise acquire the right to occupy tempo- rarily any lands necessary for the construction of any works or for any other purpose authorized by this act.
Section 3. The land, water rights and other property taken or acquired under this act, and all works, buildings and other structures erected or constructed thereunder, shall be managed, improved and controlled by the board of water commissioners hereinafter provided for, in such manner as they shall deem for the best interest of the town.
Section 4. Any person or corporation injured in his or its property by any action of said town or board under this act may recover damages from said town under said chapter seventy-nine; provided, that the right to damages for the taking of any water, water source or water right, or any
Acts, 1950. —Chap. 82. 55
injury thereto, shall not vest until the water is actually with- drawn or diverted by said town under authority of this act.
Section 5. Said town shall, at the time of authorizing the issuance of bonds or notes, under authority of chapter forty-four of the General Laws, for the purpose of paying the necessary expenses and liabilities incurred or to be in- curred under the provisions of this act, provide for the pay- ment thereof in accordance with the provisions of said chapter forty-four; and when a vote to that effect has been passed, a sum which, with the income derived from the water rates, will be sufficient to pay the annual expense of operating its water works or the purchasing of water and the maintenance of its pipe lines, as the case may be, and the interest as it accrues on the bonds or notes issued as afore- said, and to make such payments on the principal as may be required under the provisions of this act, shall without fur- ther vote be assessed by the assessors of said town annually thereafter in the same manner as other taxes, until the debt incurred by the said loan or loans is extinguished.
Section 6. Whoever wilfully or wantonly corrupts, pol- lutes or diverts any of the waters taken or held under this act, or injures any structure, work or other property owned, held or used by said town under the authority and for the purposes of this act, shall forfeit and pay to said town three times the amount of damages assessed therefor, to be recov- ered in an action of tort; and upon conviction of any one of the above wilful or wanton acts shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than one year, or both.
Section 7. Said town shall, after its acceptance of this act, at the same meeting at which the act is accepted, or at a meeting thereafter called for the purpose, and without the necessity, in either case, of a prior caucus for the nomination of candidates, elect by ballot three persons to hold office, one until the expiration of three years, one until the expira- tion of two years, and one until the expiration of one year, from the next succeeding annual town meeting, to consti- tute a board of water commissioners; and at the annual town meeting held on the day on which the shortest of such terms expires, and at each annual town meeting thereafter, one such commissioner shall be elected by ballot for the term of three years. All the authority granted to the town by this act, except section six, and not otherwise specially pro- vided for, shall be vested in said board of water commis- sioners, who shall be subject, however, to such instructions, rules and regulations as said town may impose by its vote. A majority of said commissioners shall constitute a quorum for the transaction of business. After the election of a board of water commissioners under authority of this section, any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by said town at any legal town meeting called for the purpose. Any such vacancy may be filled temporarily in the manner provided
56 Acts, 1950. — Chap. 83.
by section eleven of chapter forty-one of the General Laws, and the person so appointed shall perform the duties of the office until the next annual meeting of said town or until another person is qualified.
Section 8. Said commissioners shall fix just and equi- table prices and rates for the use of water, and shall prescribe the time and manner of payment. The income of the water works shall be appropriated by vote of said town to defray all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued under authority of said chapter forty-four of the General Laws. If there should be a net surplus remaining after pro- viding for the aforesaid charges, it may be appropriated for such new construction as the water commissioners, with the approval of the town, may determine upon, and in case a surplus should remain after payment for such new construc- tion the water rates shall be reduced proportionately. All authority vested in said commissioners by the foregoing pro- visions of this section and by section three shall be subject to the provisions of section seven. Said commissioners shall annually, and as often as the town may require, render a report upon the condition of the works under their charge, and an account of their doings, including an account of the receipts and expenditures.
Section 9. This act shall take effect upon its acceptance by a majority of the voters of the town of Halifax present and voting thereon at a town meeting called for the purpose within four years after its passage; but the number of meetings so called in any year shall not exceed three.
Approved February 11, 1950.
Chap. 83 An Act authorizing savings banks to deposit money
IN THE FEDERAL HOME LOAN BANK OF BOSTON.
Be it enacted, etc., as follows:
Ed)'i^*"^§54 Clause Seventh of section 54 of chapter 168 of the Gen-
etc, 'amended.' eral Laws, as most lecently amended by chapter 88 of the
acts of 1948, is hereby further amended by striking out the
last paragraph and inserting in place thereof the following
paragraph : —
may^cflj'otrt'^ A saviugs bank may deposit not more than five per cent
money in of its deposits in any national banking association doing
fng companies, busiucss withiu this commouwcalth, or in any trust com-
^*''- pany incorporated under the laws of and doing business
within this commonwealth, or in the Federal Home Loan
Bank of Boston, if it is a member thereof, or in any banking
company incorporated under the laws of and doing business
within this commonwealth and qualified to receive demand
deposits under the provisions of section six A of chapter one
hundred and seventy-two A; but such deposits shall not
exceed twenty-five per cent of the capital stock and surplus
fund of such association, trust company, home loan bank or
banking company. Approved February 11, 1950.
Acts, 1950. — Chap. 84. 57
An Act to further regulate personal loans by credit (Jfidj) 34
UNIONS. ^'
Be it enacted, etc., as follows:
Section 24 of chapter 171 of the General Laws is hereby g. l. (Tcf. amended by striking out subdivision (A), as amended, and ^tc!! 'amended.' inserting in place thereof the following subdivision : —
(a) personal loans.
Each personal loan shall be payable within twenty-four Personal loans months from the date thereof and shall be paid or renewed unions^'regu- on or before such date. i^ted.
Each personal loan shall be limited as follows : —
1. To an amount -not exceeding one hundred dollars, if evidenced by the unendorsed and unsecured note of the borrower.
2. To an amount not exceeding three hundred dollars, if evidenced by the note of the borrower with one or more responsible endorsers or co-makers thereon, or with satis- factory collateral pledged to secure the same.
3. To an amount not exceeding one thousand dollars, if evidenced by the note of the borrower with two or more responsible endorsers or co-makers thereon, or with satis- factory collateral pledged to secure the same.
4. To an amount not exceeding two thousand dollars, if evidenced by the note of the borrower fully secured by a pledge of satisfactory collateral valued at not more than eight}^ per cent of its market value.
5. To an amount not exceeding three thousand dollars, if evidenced by the note of the borrower and with sufficient collateral pledged to secure the same made up of bonds or notes of the United States, or of any state or subdivision thereof, which are legal investments for savings banks, or credit unions, in this commonwealth valued at not more than eighty per cent of their market value, or by the assign- ment of the pass book of a depositor in a savings bank doing business in any of the New England states or in the savings department of a trust company or national banking asso- ciation doing business in this commonwealth, or the pass book of a depositor in a co-operative bank incorporated under chapter one hundred and seventy, or policies issued by life insurance companies authorized to transact business in this commonwealth, valued at not more than their cash surrender value.
6. To an amount not exceeding the value of the shares and deposits of the borrower in the credit union, if evidenced by the note of the borrower and secured by an assignment of said shares and deposits.
7. Notwithstanding the limitations set forth in the para- graphs numbered one and two of this section, a credit union having assets of two hundred thousand dollars or more may make loans in amounts not exceeding three hundred dollars each upon the unendorsed and unsecured note of the bor-
58
Acts, 1950. — Chaps. 85, 86.
rower, and in amounts not exceeding five hundred dollars each upon the note of the borrower with one or more re- sponsible endorsers or co-makers, or with satisfactory col- lateral pledged to secure the same.
The amount of a loan under paragraph 2, 3, 5 or 6 evi- denced by an unendorsed note of the borrower may, in the discretion of the credit committee, exceed by not more than one hundred dollars the amount warranted, in their opinion, by the value of the collateral offered as security for the loan ; but the total amount of any such loan shall not exceed the amount stated in the paragraph under which the loan is made.
For the purposes of this section, an assignment of wages or a pay-roll deduction order may be received as satisfactory collateral for any loan not in excess of two hundred and fifty dollars. Approved February 11, 1950.
Chap. 85 An Act relative to the time within which required
PAYMENTS ON ACCOUNT OF PRINCIPAL OF CERTAIN CON- STRUCTION LOANS OF SAVINGS BANKS SHALL COMMENCE.
Be it enacted, etc., as folloivs:
The first paragraph of subdivision (i) of clause First of section 54 of chapter 1G8 of the General Laws, as appearing in chapter 719 of the acts of 1949, is hereby amended by striking out, in fine 3, the word "six" and inserting in place thereof the word: — nine, — so as to read as follows: —
(i) In the case of a construction loan under subdivisions (c), (d), (e) and (/), the required pajonents on account of principal may commence not later than nine months after the date of the note. Approved February 11, 1950.
G. L. (Ter. Ed.), 168, § 54, etc., amended.
Time of payments on principal.
Chap. 86 An Act authorizing the placing of the office of chief
OF POLICE OF THE TOWN OF SUDBURY UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of chief of police of the town of Sudbury 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 person holding said office on said efi'ective date shall continue to serve therein onlj^ until the expiration of his term of office unless prior thereto he passes a qualifying examination to which he shall be subjected by the division of civil service.
Section 2. This act shall be submitted to the voters of said town at the annual town meeting or at any special town meeting called for the purpose in the current year in the form of the following question, which shall be placed upon the official ballot to be u.sed for the election of town officers at said meeting: "Shall an act passed by the General Court
Acts, 1950. — Chaps. 87, 88. 59
in the year nineteen hundred and fifty entitled 'An Act authorizing the placing of the ofhce of chief of police of the town of Sudbury under the civil service laws', be accepted?" If a majority of the votes in answer to said question is in the affirmative, this act shall take full effect, but not other- wise. Approved February 11, 1950.
An Act relative to the tenure of office of the present QJiaj). 87
TOWN CLERK OF THE TOWN OF NATICK.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of town clerk in the to^^^l of Natick on the efTective date of this act shall hold office during good behavior unless incapacitated by physical or mental disability from performing the duties of clerk and until the selectmen shall remove him therefrom in accordance with the provisions of chapter thirty-one of the General Laws, and the rules made thereunder, relative to removals from the classified public service. Any vacancy in the office of town clerk in said town while said incumbent is holding office during good behavior as provided by this act shall be filled by election by a vote of a majority of its selectmen, and said clerk shall serve until the next regular towTi election, at which election a town clerk shall be elected as provided by law.
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 elec- tion of town officers at said meeting: "Shall an act passed by the General Court in the year nineteen hundred and fifty, entitled 'An Act relative to the Tenure of Office of the Present To^\^l Clerk of the Towm of Natick', be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise. Approved February 11, 1950.
An Act forbidding the distribution of unsigned Chap. 88 political circulars and posters.
Be it enacted, etc., as follows:
Section 41 of chapter 56 of the General Laws, as appear- g. l. (Ter. ing in section 11 of chapter 537 of the acts of 1946, is hereby etc!, 'amended, amended by striking out the first paragraph and inserting in place thereof the following: — No candidate for nomina- Distribution of tion or election to public office or any other person shall cafcfnfuiars', '*'' write, print, post or distribute, or cause to be written, etc., forbidden, printed, posted or distributed, a circular or poster designed to aid or defeat any candidate for nomination or election to any public office, or designed to aid or defeat any question submitted to the voters, unless there appears upon such circular or poster in a conspicuous place either the names of
60 Acts, 1950. — Chaps. 89, 90.
the chairman and secretary, or of two officers, of the political or other organization issuing the same, or of some voter who is responsible therefor, with his name and residence, and the street and number thereof, if any.
Approved February 11, 1950.
Chap. 89 An Act providing an extension of time for acceptance
OF AN ACT ESTABLISHING A TOWN MANAGER FORM OF GOVERNMENT BY THE VOTERS OF THE TOWN OF NAHANT.
Be it enacted, etc., as follows:
Section 36 of chapter 513 of the acts of 1948 is hereby amended by inserting after the word "fifty", in lines 29
and 31, in each instance, the word: one, — so as to read
as follows: — Section 36. Upon petition of ten per cent of the registered voters of the town of Nahant filed with the town clerk this act shall be submitted for acceptance to the qualified voters of the said to\vn, and the selectmen of said town shall call a special town meeting to be held not less than thirty nor more than forty days after the filing of the petition therefor, at which the question of the acceptance of this act shall be submitted to the voters of said town. The vote shall be taken by ballot in accordance with the pro- visions of General Laws, so far as the same shall be appli- cable in answer to the question which shall be placed upon the official ballot to be used at said meeting, "Shall an act passed by the General Court in the year nineteen hundred and forty-eight, entitled 'An Act establishing a towTi man- ager form of government for the to\vn of Nahant' be ac- cepted by this town?" If a majority of the voters voting on this question shall vote in the affirmative, this act shall take effect forthwith for the purpose of the election of officers under said act and the board of selectmen of said town shall call a special election for the electing of officers under this act, to be held not less than thirty nor more than forty-five days after the acceptance of this act and for all other things pertaining thereto shall take full effect upon the qualifica- tion of a majority of the selectmen first elected as provided in section one of this act. If this act is not accepted at any special towTi meeting in nineteen hundred and forty-nine, it shall, on petition of ten per cent of the registered voters, be resubmitted at any special or annual meeting held on or before the fifteenth day of May, nineteen hundred and fifty-one. If this act is not accepted by the town on or before the fifteenth day of May, nineteen hundred and fifty-one, it shall become null and void. Approved February 11, 1950.
Chap, 90 A-N Act relative to the filling of vacancies in the
CITY council of THE CITY OF FALL RIVER.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of any gen- eral or special law to the contrary, whenever a vacancy
Acts, 1950. — Chaps. 91, 92. 61
occurs in the office of city councillor of the city of Fall River other than a vacancy caused by the expiration of the term of the incumbent, said vacancy shall be filled by the person who received the next to the highest number of votes for said office at the mimicijxal election immediately preceding the occurrence of said wacancy, provided, that such person is eligible.
Section 2. This act shall take full effect upon its accept- ance by vote of the city council of said city, subject to the provisions of its charter, but not otherwise.
Approved February 11, 1950.
An Act relative to the unauthorized use of persons' (^hnj) Qi
NAMES IN CONNECTION WITH POLITICAL ADVERTISEMENTS, circulars, POSTERS AND PUBLICATIONS.
Be it enacted, etc., as follows:
Chapter 56 of the General Laws, as appearing in section g. l. (Ten 11 of chapter 537 of the acts of 1946, is hereby amended by new'§^4iA. inserting after section 41 the following section: — Sedion added. 4IA. No person shall, in order to promote his success or iVsro/perewfs' the success of another as a candidate for nomination or ii''^"i?s '« election to any public office, include or cause to be included ci?c'uia^s, etc., in any political advertisement, circular, poster or publica- ''^gu'-'i'ted. tion, the name of any person as an endorser or supporter except with the express consent of such person. Violation of any provision of this section shall be punished by im- prisonment for not more than six months or by a fine of not more than one thousand dollars.
Approved February 11, 1950.
An Act relative to the limitations on deposits and nhn'r) 90
CERTIFICATE FUNDS OF BANKING COMPANIES.
Be it enacted, etc., as follows:
Section 1. Section 5 of chapter 172 A of the General Ecn'i72A§5 Laws, as most recently amended by section 1 of chapter 148 et'e!. 'amended. ' of the acts of 1948, is hereby further amended by striking out the last paragraph and inserting in place thereof the fol- lowing paragraph : —
Except as provided in clauses (a) to (e), inclusive, of the Receipt of last sentence of section six A, no such corporation shall re- ''«'p°*'*'*- ceive or have at any time aggregate certificate funds in ex- cess of ten times the total of its capital, surplus, undivided profits and unallocated reserves; provided, that certificate funds in any manner pledged with it to secure loans made by it shall not be included in its certificate funds for the purpose of this provision.
Section 2. Section 6A of said chapter 172A is hereby g. l. (Ter. amended by striking out the last sentence, as appearing in f ei itc.t' section 1 of chapter 115 of the acts of 1946, and inserting in amended.' place thereof the following sentence : — No such corporation Receipt of shall receive or have at any time aggregate deposits under '^'^p"^'*^^-
62
Acts, 1950. — Chap. 93.
this section which, together with certificate funds not pledged to it, would be in excess of ten times the total of its capital, surplus, undivided profits and unallocated reserves; pro- vided, that in determining such aggregate of deposits and certificate funds, the following items shall be deducted: — (a) interest on certificate funds whether or not pledged; (6) secured deposits of governments and agencies thereof;
(c) cash on hand and cash items in process of collection;
(d) balances due from national banks, trust companies, and other banking institutions; and (e) unpledged bonds, notes or other obligations of the United States or of the common- wealth of Massachusetts, or of any agency or subdivision of either, maturing within not more than five years from the date of such determination. Approved February 15, 1950.
Chap.
G L. (Ter. Ed.), 172, § 13, etc., amended.
Choice of officers.
G. L. (Ter. Ed ), 172. § 14A. etc., amended.
Directors' meetings, reports, etc.
G. L. (Ter. Ed.), 172, § 14A, etc., amended.
Same subject.
G. L. (Ter. Ed.), 172, § 14A. etc., amended.
Same subject.
93 An Act authorizing the election of directors of trust
COMPANIES at special STOCKHOLDERS MEETINGS, AND regulating THE CONTENTS OF THE MONTHLY REPORTS OF OFFICERS TO DIRECTORS OF SUCH COMPANIES.
Be it enacted, etc., as follows:
Section 1. The first sentence of section 13 of chapter 172 of the General Laws, as amended by section 7 of chapter 349 of the acts of 1934, is hereby further amended by adding at the end the words: — or at a special meeting duly called for the purpose, — so as to read as follows: — The afi'airs of such corporation shall be managed by the directors, who, with the clerk or secretary, shall be elected by the stock- holders at their annual meeting or at a special meeting duly called for the purpose.
Section 2. Subparagraph numbered 3 of section 14A of said chapter 172, as appearing in section 1 of chapter 244 of the acts of 1939, is herel^y amended by striking out clause (b) and inserting in place thereof the following: —
(6) All time loans overdue for more than thirty days, other than real estate mortgage loans.
Section 3. Subparagraph numbered 4 of said section 14A, as appearing in section 9 of chapter 349 of the acts of 1934, is hereby amended by striking out the word "one", in line 4, and inserting in place thereof the word: — two, — so as to read as follows: —
4, A list of all loans, secured or unsecured, and discounts of any borrower including both direct and indirect liabilities made during such period which brings the aggregate of the liabilities of such borrower to an amount in excess of two thousand dollars, with a notation of any line of credit pos- sessed by such borrower.
Section 4. Said section 14A is hereby further amended by striking out the last paragraph, as so appearing, and in- serting in place thereof the following paragraph: —
At the directors' meeting first occurring after the effective date of this section, such report shall cover the period from the last prior directors' meeting to a date not more than two
Acts, 1950. — Chaps. 94, 95. 63
weeks prior to the meeting so occurring, and subsequent re- ports shall cover the period running from the last date cov- ered by the next prior report to a date not more than four- teen days prior to the meeting at which such a subsequent report is to be rendered. Approved February 15, 1950.
An Act relative to the sale of gas or electric proper- (Jjiav. 94
TIES OF companies ENGAGED IN THE BUSINESS OF SUP- PLYING BOTH GAS AND ELECTRICITY.
Be it enacted, etc., as follows:
Chapter 164 of the General Laws is hereby amended bv o. l. (Ter. striking out section 100, as appearing in the Tercentenary amended! Edition, and inserting in place thereof the following sec- tion:— Section 100. Any company subject to this chapter Saie of gas engaged both in the business of an electric company and of a pro^pertles of gas company may, notwithstanding any other provisions of ^of^'^anies^'^*^"'' this chapter or of any general or special law, sell and convey etc., regulated, its properties used or useful in the electric business or its properties used or useful in the gas business to another com- pany subject to this chapter, and such other company may purchase such properties, with the approval of the depart- ment but subject to such of the provisions of sections ninety- six, ninety-eight and ninety-nine as may be applicable and consistent here\nth. Approved February 15, 1950.
An Act relative to certain deposits with certain QJiq^t) 95
PERSONS other THAN BANKS FOR THE PURPOSE OF BEING transmitted to FOREIGN COUNTRIES.
Be it enacted, etc., as follows:
Section 1 of chapter 169 of the General Laws, as most S^V^Jg'"*! recently amended by section 1 of chapter 64 of the acts of etc!, 'amended'. 1949, is hereby further amended by adding after the word "companies", the first time it appears in line 6, the words: — , persons doing business under sections thirty-seven to forty-four, inclusive, of chapter one hundred and sixty- seven, — so as to read as follows: — Section 1. This chap- Application ter shall apply to all persons who engage or are financially °^° *''*'^'^' interested in the business of receiving deposits of money, for the purpose of transmitting the same or equivalents thereof to foreign countries, except duly incorporated banks and trust companies, persons doing business under sections thirty-seven to forty-four, inclusive, of chapter one hundred and sixty-seven, express companies having contracts with railroad or steamship companies for the operation of an express service upon the lines of such companies, or express companies doing an international express business, or trans- atlantic steamship companies or telegraph companies.
Approved February 15, 1950.
64
Acts, 1950. — Chaps. 96, 97.
G. L. (Ter. Ed.), 168, § 54. etc., amended.
Certain loans on real estate by savings banks, regu- lated.
Chap. 96 An Act requiring the valuation and revaluation of
CERTAIN REAL ESTATE MORTGAGED TO SAVINGS BANKS AND PROVIDING FOR THE REDUCTION IN CERTAIN CASES OF THE LOANS SECURED THEREBY.
Be it enacted, etc., as follows:
Clause First of section 54 of chapter 168 of the General Laws, as most recently amended by chapter 719 of the acts of 1949, is hereby further amended by striking out subsection Qi) and inserting in place thereof the following subsection : —
(/i) Not later than three years from the date of a note made under the provisions of subdivisions (a), {h), (c), {d), (e) and (/) hereof, not less than two members of the board of investment shall certify in writing, according to their best judgment, the value of the premises mortgaged; and the premises shall be revalued in the same manner at in- tervals of not more than three years so long as they are mortgaged to such corporation. Such report shall be filed and preserved with the records of the corporation.
If at the time a revaluation is made, the balance of princi- pal of a loan under subdivision (a) is in excess of forty per cent, or the balance of principal of a loan under subdivision (6) is in excess of .sixty per cent, of the value of the premises mortgaged, a sufficient reduction in the amount of the loan shall be required, as promptly as may be practicable; to bring the loan under subdivision (a) within forty per cent, or, in the case of subdivision (6), within sixty per cent, of the value of said premises.
Approved February 15, 1950.
Chav. 97 An Act designating a portion of the northern artery, so called, as the monsignor o'brien highway.
Be it enacted, etc., as follows:
Section 1. So much of the Northern Artery, so called, as is located within the limits of the city of Cambridge shall be designated as the Monsignor O'Brien Highway. The metro- politan district commission is hereby authorized and directed to erect along said portion of said highway suitable markers bearing said designation.
Section 2. So much of chapter seventy-eight of the acts of nineteen hundred and thirty-three as is inconsistent with this act is hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved February 20, 1950.
Acts, 1950. — Chaps. 98, 99. 65
An Act to at-thorize the town of Arlington to appro- QJiar) 98
PRIATE MOXEV FOR THE CELEBRATION OF THE ONE HUN- DRED AND SEVENTY-FIFTH ANNIVERSARY OF PATRIOTS' DAY.
Be it enacted, etc., as follows:
Section 1. The town of Arlington may appropriate a sum not to exceed twenty-five thousand dollars for the cele- bration of the one hundred and seventy-fifth anniversary of Patriots' Day.
Section 2. Action taken under authority of this act at the annual town meeting in the current year shall be valid and effective as though this act had been in full force and effect at the time at which the warrant for said meeting was posted.
Section .3. This act shall take effect upon its passage.
Approved Febmary 20, 1950.
An Act authorizing the board of selectmen of the Chap. 99
TOWN of GROVELAND TO ACT AS A BOARD OF PUBLIC WORKS.
Be it enacted, etc., as follows:
Section 1. The board of selectmen of the town of Grove- land, as constituted from time to time, from and after the annual meeting held following the acceptance of this act, shall also be a board of public works, and in said capacity shall have and exercise, under the designation of selectmen, all the powers and duties now or from time to time vested by law in the following boards and officers in said town, to wit: — water commission, municipal light commission, park com- mittee, tree warden, road commissioner, moth superintendent and cemetery commission, and such boards, departments and offices shall thereupon be abolished during such time as this act is in effect as to them, respectively. No contracts or Habilities in force on the date when this act becomes fully effective shall be affected by such abohtion, but the board shall in all respects be the lawful successor of the boards and offices so abolished.
Section 2. The selectmen shall appoint a superintendent of public works and shall fix his compensation provided that it shall not exceed the amount appropriated therefor by the town. He shall administer, under the supervision of and direction of the selectmen, a department of public works which shall include the functions formerly performed by the water commission, municipal light commission, park com- mittee, tree warden, road commissioner, moth superintendent and cemetery commission. He shall be responsible for the administration of all departments within the scope of his duty, and shall hold office subject to the will of the selectmen. He shall be specially fitted by education, training and experi- ence to perform the duties of said office. He may or may not be a resident of the town when appointed. During his tenure
66 Acts, 1950. — Chap. 99.
he shall hold no other elective or appointive office, nor shall he be engaged in any other business or occupation. He shall give bond to the town for the faithful performance of his duties in such sum, upon such conditions and with such surety or sureties as the selectmen may require, the expenses of such bond to be borne by the town, and shall, subject to the approval of the selectmen, appoint such assistants, agents and employees as the performance of the duties of the vari- ous departments under his supervision may require. He shall keep full and complete records of the doings of his office, and render to the selectmen as often as they may require, a full report of all operations under his control during the period reported upon; and annually, or from lime to time as required by the selectmen, he shall make a synopsis of all such reports for publication. He shall keep the selectmen fully advised as to the needs of the town within the scope of his duties, and shall furnish to the selectmen on or before December first in each year, a carefully prepared and de- tailed estimate in writing of the appropriations required dur- ing the ensuing fiscal year for the proper conduct of all de- partments of the town under his supervision.
Section 3. The town may rescind all or any part of the action taken by it in pursuance of this act if the to^vn so votes by a majority vote of the legal voters present and voting thereon by ballot in their respective precincts at any town meeting held after three years following the annual town election at which this act becomes fully effective and at least thirty days before the annual town election next to be held after such meeting, and thereupon said to^vn shall, at said next annual town meeting, nominate and elect such officers as are necessary to exercise and perform such of the powers, rights and duties transferred to the board under section two as are affected by such later vote.
Section 4. This act shall be submitted for acceptance to the legal voters of said town, present and voting thereon by ballot in their respective precincts at the annual town elec- tion in the year nineteen hundred and fifty, in the form of the following question which shall be placed on the official ballot to be used for the election of town officers at said election: — "Shall an act passed by the general court in the year nine- teen hundred and fifty, entitled 'An Act authorizing the Board of Selectmen of the Town of Groveland to act as a Board of Public Works', be accepted?" If a majority of the votes cast in answer to such question is in the affirma- tive, this act shall become fully effective beginning with, and for the purpose of, the annual town election in the year nine- teen hundred and fifty-one; but not otherwise.
Section 5. For the purpose of acceptance by said town, this act shall take effect upon its passage.
Approved February 20, 1950.
Acts, 1950. — Chaps. 100, 101, 102. 67
An Act to validate the calling of district meetings QJiqj) ^QQ and the plioceedings of the charlemont water dis-
TRICT.
Be it enacted, etc., as follows:
Section 1. The district meetings of the Charlemont Water District held on November fifth and nineteenlh, nineteen hundred and forty-seven, and September first, nine- teen hundred and forty-nine, are hereby ratified and vaHdated and made legal, notwithstanding the failure of the district to comply with the provisions of chapter two himdred and thirty-one of the acts of nineteen hundred and thirty-one pertaining to the manner of electing officers for the district as done at the November fifth and nineteenth, nineteen hun- dred and forty-seven meetings and also with respect to the manner of electing officers at the September first, nineteen hundred and forty-nine meeting.
Section 2. This act shall take efTect upon its passage.
Approved Fehriianj 20, 1950.
Chap. 101
An Act increasing the amount of money cities and towns may appropriate for stocking inland waters therein with fish and for liberating game therein.
Whereas, The deferred operation of this act would tend to Emergency defeat its purpose which is that the provisions of this act preamble, should take effect forthwith, therefore it is hereby declared to be an emergency law, necessary for the immediate preserva- tion of the public convenience.
Be it enacted, etc., as follows:
Clause (41) of section 5 of chapter 40 of the General Laws, g. l. (Ter. as most recently amended by section 4 of chapter 599 of the ^t^ ■''am^ided acts of 1941, is hereby further amended by striking out, in line 6, the words "five hundred " and inserting in place thereof the words: — one thousand, — so that the first sentence will read as follows : — For the purpose of stocking ponds and stocking other inland waters, located within the town hmits, with fish flsTh^toT'^*' and of liberating game, as defined in section one of chapter ^^^'^^ f'^'"- one hundred and thirty-one, within said limits and to meet necessary expenses incidental thereto, including the feeding of game so liberated, a sum not to exceed one thousand dollars. Approved February 20, 1950.
An Act authorizing the Swansea water district to pay Qhn^ 1 02
THE MEMBERS OF THE BOARD OF WATER COMMISSIONERS AND ITS .TREASURER FOR SERVICES RENDERED DURING THE YEAR NINETEEN HUNDRED AND FORTY-NINE.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral ob- ligation, the Swansea Water District is hereby authorized to
68 Acts, 1950. — Chaps. 103, 104.
appropriate money from available construction funds, not to exceed forty-five hundred tlollars, and to pay the members of the board of water commissioners and the treasurer of said district for services rendered by them in the construction of the water S3'stem in said district during the year nineteen hundred and forty-nine, no provision having been made for the same.
Section 2. This act shall take effect upon its passage.
Approved February 20, 1960.
Chap.lOS An Act authorizing the town of watertown to use a
CERTAIN PORTION OF PARKER PLAYGROUND IN SAID TOWN FOR HIGHWAY PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Waterto^vn is hereby authorized to use for highway purposes a portion of Parker playground, so called, in said town bounded and described as follows: — Easterly, by land now or formerly of Coombs Motor Co. and the westerl}'' end of Aldrich road, as shown on a plan entitled "Plan and Profile of Extension of Aldrich Road, WatertowTi, Mass." by W. A. Mason & Son Co., Civil Engineers, Cam- bridge, Mass., dated September, 1945, about two hundred and twenty-three feet; westerly, by land of the town of Watertown, kno^vn as the Parker playground, about two hundred and twenty-four feet; and northerly, by Watertown street, about sixty-one and seven-tenths feet.
Section 2. This act shall take effect upon its passage.
Approved February 20, 1950.
Chap. 104: An Act validating the acts and proceedings at ad- journed sessions of the annual town meeting of the town of lexington held in the year nineteen
hundred and FORTY-NINE.
Be it enacted, etc., as folloios:
Section 1. The acts and proceedings of the towTi of Lexington at the adjourned sessions of the annual town meet- ing held in the year nineteen hundred and forty-nine, which adjourned sessions were held on March twenty-eighth, nine- teen hundred and forty-nine and April fourth, nineteen hun- dred and forty-nine, and all acts done in pursuance thereof, are hereby confirmed and made valid, notwithstanding the failure to give notice of the adjournments as required by the by-laws of said town, to the same extent as if the said ad- journed sessions had been called, held, conducted and ad- journed in strict compliance with law. •
Section 2. This act shall take effect upon its passage.
Approved February 20, 1950.
Acts, 1950. — Chaps. 105, 106, 107. 69
An Act relating to the disbursement of funds by Qfmr) J 05
HOUSING authorities.
Be it enacted, etc., as folio ws:
Section 1. Section 8 of chapter 372 of the acts of 1946, as most recently amended by section 3 of chapter 479 of the acts of 1947, is hereb}- further amended b}^ striking out the first sentence and inserting in place thereof the following sen- tence : — In carrying out the provisions of this act, any city or town in which a housing authority has been organized under chapter one hundred and twenty-one of the General Laws shall use such housing authority as its agent, and all moneys appropriated under this act or received by such city or to^vn for the purposes of this act from any source shall, except as provided in section eight B of this act, be paid to the treasurer of the authority or such other officer of the authority as may be authorized by it, and shall be disbursed by such treasurer or other officer subject to section twenty- six U of said chapter one hundred and twenty-one.
Section 2. Section 26Q of chapter 121 of the General ^'^j^; { J,";- Laws, as most recently amended by section 1 of chapter 574 § 26Q, etc., of the acts of 1946, is hereby further amended by striking ""'^"'^'''^• out the last sentence and inserting in place thereof the fol- lowing sentence : — All moneys appropriated under this sec- ah moneys to tion in aid of a housing authority or received by it from any I'r'efsurer'of source shall be paid to the treasurer of the authority or such authority. other officer of the authority as may be authorized by it, and shall be disbursed by such treasurer or other officer, subject to section twenty-six U. Approved February 20, 1950.
C/zap.l06
An Act authorizing the town of plainville to sell a
portion of plainville park to the JOHN EDWARD McNEIL POST AMERICAN LEGION BUILDING ASSOCIATION.
Be it enacted, etc., as follows:
The town of Plainville is hereby authorized to sell a portion of Plainville park, so called, for a sum not less than one hun- dred dollars to the John Edward McNeil Post American Legion Building Association as the site for a building to be constructed by said association.
Approved February 20, 1950.
An Act further regulating the trapping of certain
ANIMALS.
Be it enacted, etc., as follows:
Section 68 of chapter 131 of the General Laws, as most g,;. I" JTf '"§ eg recently amended by section 1 of chapter 758 of the acts of etci.'ameAded.' 1949, is hereby further amended by striking out clause (6) and inserting in place thereof the following: —
(b) To trap between March second and six o'clock ante Trapping of meridian on the following November fifteenth, both dates regulLled!'"^'^' inclusive. Approved February 20, 1950.
Chap. 107
70
Acts, 1950. — Chaps. 108, 109, 110.
G. L. (Ter. Ed.), 215, § 62, amended.
Bristol count J'.
Chap. lOS An Act further regulating the holding of the sessions
OF THE probate COURT FOR THE COUNTY OF BRISTOL.
Be it enacted, etc., as follows:
Section 1. Section 62 of chapter 215 of the General Laws is hereby amended by striking out the paragraph contained in Hnes 11 to 16, as appearing in the Tercentenary Edition, and inserting in place thereof the following paragraph: —
Bristol, at Fall River, the first Wednesday of each month except August; at New Bedford, the second Wednesday of each month except July, and except also that in August it shall be held on the first Wednesday; at Taunton, the third Wednesday of each month except August; at Attleboro, the fourth Wednesdays of January, March, May, June, Sep- tember and November.
Section 2. This act shall take effect on January first, nineteen hundred and fifty-one.
Approved February 20, 1950.
Chap. 109 An Act to prohibit the picketing of courts and certain
OTHER places.
G. L. (Ter. Ed.), 268, new § 13A, added.
Picketing of courts and certain other places for- bidden.
Be it enacted, etc., as follows:
Chapter 268 of the General Laws is hereby amended by inserting after section 13 the following section : — Sec- tion ISA. Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the commonwealth, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, shall be punished by a fine of not more than five thjousand dollars or by imprison- ment for not more than one year, or both.
Nothing in this section shall interfere with or prevent the exercise by any court of the commonwealth of its power to punish for contempt. Approved February 20, 1950.
Chap.llO An Act regulating the sale and marking of thread. Be it enacted, etc., as follows:
G. L. (Ter. Ed.), 94, § 285, amended.
Sewing thread to be marked.
Section 1. Chapter 94 of the General Laws is hereby amended by striking out section 285, as appearing in the Tercentenary Edition, and inserting in place thereof the fol- lowing : — Section 285. It shall be unla\\i'ul to keep for the purpose of sale, offer or expose for sale, or sell any sewing, basting, mending, darning, crochet, tatting, hand-knitting or embroidery thread, put up or packaged in advance of sale in or on any form of unit, for either wholesale or retail sale, unless such imit be definitely, plainly, and conspicuously marked to show its net measure in terms of yards or its net weight in terms of avoirdupois pounds or ounces.
Acts, 1950. — Chap. 111. 71
Any unit of such thread, the net weight of which is less than two ounces avoirdupois, shall be marked to show its net measure in terms of yards as unwound from the ball or from the spool or other holder. Ready-wound bobbins which are not sold separately shall not be required to be individually marked, but the package containing such bobbins shall be marked to show the number of bobbins contained therein and the net weight or measure of the thread on each bobbin. Any retail unit of thread, sold only for household use, con- sisting of a package containing two or more similar individual . units, which are not sold separately, shall be marked to show the number of individual units in the package and the net weight or measure of the thread in each individual unit, but this proviso shall not apply where the individual units are separately marked.
Section 2. Said chapter 94 is hereby further amended by g. l. (Xer. striking out section 286, as so appearing, and inserting in ^^encfeti ^ ^^''' place thereof the following: — Section 286. The marking as Marking to required in section two hundred and eighty-five shall in all etc"*''^ maker. cases be in combination with the name and place of business of the manufacturer or distributor of the thread, or a trade mark, sj^mbol, brand or other mark which positively iden- tifies such manufacturer or distributor, and which shall be filed with the director of standards and necessaries of life.
Section 3. Said chapter 94 is hereby further amended by o. l fTer. striking out section 287, as so appearing, and inserting in amended. ^ ^^^' place thereof the following: — Section 287. An average of Measure and not less than ten units of thread of the same type and put-up, Tated!' '^*'^" selected at random from such units referred to in section two hundred and eighty-five, kept for the purpose of sale, offered or exposed for sale, or sold, shall not weigh or measure more than three per centum less than the net weight or number of yards marked on such units or on the package containing such units.
Section 4. Said chapter 94 is hereby further amended by o. l. rxer. striking out section 288, as so appearing, and inserting in ameAdeli.^ ^^^' place thereof the following: — Section 288. A manufacturer. Penalty. merchant, jobber, or trader who keeps for the purpose of sale, offers or exposes for sale, or sells any such units of thread which either are not marked or do not weigh or measure as provided in sections two hundred and eighty-five to two hundred and eighty-seven, inclusive, shall be pun- ished by a fine of not more than fifty dollars.
Approved February 20, 1950.
An Act imposing a penalty on persons who influence (Jhnj^ ill OR attempt to influence any person connected with ^'
horse or dog racing to affect the result of a race.
Be it enacted, etc., as follows:
Chapter 128 A of the General Laws is hereby amended by g l. (Ter. inserting after section 1.3B the following section: — Section ^e*^w'§\^3^c.' 13C. No person shall influence, induce or conspire or con- added.
Penalty for influenomg
72
Acts, 1950. — Chaps. 112, 113.
persons to affect the
result of horse or dog race.
nive with, or attempt so to do, any owner, trainer, jockey, agent, driver, groom or other person associated with or in- terested in or having charge of or access to any horse or dog entered or to be entered in a race for the purpose of fraudu- lently affecting the ultimate result of such race. Whoever violates this section shall be punished by a fine of not less than one hundred nor more than three thousand dollars or by imprisonment for not more than one year, or both.
Approved February 20, 1950.
Chap.112 ^^ ^^"T FURTHER REGULATING THE LICENSING OF OPERATORS
OF MOTION PICTURE APPARATUS.
G. L. (Ter. Ed.). 143, § 75 etc., amended.
Examination, qualifications for license, etc.
Be it enacted, etc., as follows:
Section 75 of chapter 143 of the General Laws, as amended by section 2 of chapter 553 of the acts of 1941, is hereby fur- ther amended by striking out, in line 13, the word "Five" and inserting in place thereof the word : — Twenty, — and by striking out, in line 17, the word "two" and inserting in place thereof the word: — ten, — so as to read as follows: — Section 75. No person shall operate such apparatus in any public building until he has received a license so lo do from an inspector. No such license shall be granted until the ap- plicant has passed an examination proving him to be thor- oughly skilled in the working of the mechanical and electrical apparatus or devices used therein or connected therewith, nor unless he is the holder of a permit issued to him under section seventy-six and has been employed, for at least three months immediately prior to the granting of such license, as an assistant under the supervision of a licensed operator in a booth or enclosure in or upon a public building, and no per- son under twenty-one shall be eligible for such examination. Twenty dollars shall accompany the application for a license. The license shall be for the term of one year from the date thereof, but may be renewed yearly, without examination, by an inspector upon the payment of a fee of ten dollars.
Approved February 20, 1950.
C/iap. 113 An Act to further regulate the filing of notice of in- tention OF marriage and the issuance of certificates of such filing.
Be it enacted, etc., as follows:
Chapter 207 of the General Laws is hereby amended by striking out section 28A, inserted by section 1 of chapter 561 of the acts of 1943, and inserting in place thereof the follow- ing section: — Section 28 A. Except as hereinafter provided, a certificate shall not be issued by the clerk or registrar under section twenty-eight until he has received from each party to the intended marriage a medical certificate signed by a qualified physician registered and practicing in the common- wealth, a physician registered or licensed to practice in any
G. L. (Ter. Ed.), 207, § 28A, etc., amended.
Notice of intention of marriage, phy.sirian's certificate.
Acts, 1950. — Chap. 113. 73
other state or territory of the United States, or the District of Colunihia, or a comniissioneci medical ofHcer on active service in the armed forces or the pubhc health service of the United States, or a qualified physician registered and prac- ticing in Canada, who has examined such party as herein- after provided. Such examination shall be made only to ascertain the presence or absence of evidence of syphilis, and shall include a recognized serological test for syphilis. Said test shall be made by a laboratorj'' of the department of public health, or by a laboratory meeting standards approved by said department or, if not located within the common- wealth, acceptable to said department. The examination b}'' such phj'sician and the laboratory test shall be made not more than thirty days before a certificate is issued under section twenty-eight.
If such physician, in making such examination, discovers evidence of syphilis, he shall inform both parties to the in- tended marriage of the nature of such disease and of the possibilities of transmitting such infection to his or her mari- tal partner or to their children. The physician shall also certify on forms provided by said department that the appli- cant therein named has been given an examination, including a serological test for syphilis, on a day specified in the state- ment, and that, in the opinion of the physician, the person therein named is not infected with syphilis, or, if so infected, is not in a stage which is communicable, but if such infection is communicable, no such certificate shall be issued.
Blank forms of medical certificates required under this section shall be furnished to city and town clerks and others by said department of public health, and all entries shall be made on said forms, except as hereinafter provided.
Medical certificates issued by the department of health of any other state or territory in the United States, the Dis- trict of Columbia, and Canada shall be deemed acceptable, provided they are signed by a quahfied physician licensed and practicing in the areas mentioned, and certifying that, on the basis of a physical examination and a serological test performed at a laboratory acceptable to the department of public health of this commonwealth, the person therein named does not have syphilis, or, if so infected, is not in a stage which is communicable. The name of the laboratory performing the test shall appear upon the medical certificate.
The clerk or registrar receiving such medical certificates in the case of an intended marriage shall endorse on the cer- tificate to be issued by him under section twenty-eight in relation to the marriage a statement that such medical cer- tificates have been received.
In emergency cases where the death of either party to the intended marriage is imminent, or where the female is near the termination of her pregnancy, upon the authoritative request of a minister, clergyman, priest, rabbi or attending physician, the clerk or registrar may issue a certificate under section twenty-eight without having received the medical
74 Acts, 1950. — Chaps. 114, 115.
certificate, or having endorsed on his certificate a statement of such receipt, as provided by this section.
Whoever, being subject to the Jaws of the commonwealth, fails to comply with any provision of this section shall be punished by a fine of not less than ten nor more than one hundred dollars. Approved February 20, 1950.
Chav.ll4i An Act providing that the maximum age limit for con- testants IN BOXING MATCHES SHALL NOT APPLY TO CER- TAIN BOXING CHAMPIONS OF THE WORLD.
Be it enacted, etc., as follows:
Ed\', i47r§ 39. Chapter 147 of the General Laws is hereby amended by etc., 'amended, striking out scctioii 39, as most recently amended by chap- ter 371 of the acts of 1949, and inserting in place thereof the ^e Umit"for following scction : — Section 39. No contestant who is under contestants in eighteen or who has reached his thirty-fifth birthday shall be mTt °hes. etc. permitted to engage in any boxing or sparring match or ex- hibition, except that said age requirement shall not apply to a boxing champion of the world who is still active as a pro- fessional boxer, or to a former boxing champion of the world who has not been inactive as a professional boxer for a period of more than two years from the date of his last boxing con- test, and except that an amateur boxer shall be allowed to compete as such at the age of seventeen. The foregoing shall not apply to courses of instruction in boxing, boxing or sparring matches or exhibitions, sponsored and conducted by recognized boys' clubs, schools or colleges, or by municipal or state park or recreational departments, under the super- vision of qualified instructors and directors. No person un- der sixteen shall be admitted to or be present at any profes- sional boxing or sparring match or exhibition unless accom- panied by an adult. Approved February 20, 1950.
Chap. 115 An Act increasing the amount which may be expended
FOR additional FACILITIES AT THE NORFOLK COUNTY HOS- PITAL IN BRAINTREE.
Be it enacted, etc., as follows:
Section 1 of chapter 121 of the acts of 1945 is hereby amended by striking out, in line 6, the words "three hundred and ninety" and inserting in place thereof the words: — seven hundred and fifty, — and by adding at the end the following sentence : — The aforesaid sum shall include any money derived from federal grants, — so as to read as fol- lows : — Section 1 . To provide additional facilities at the Norfolk County Hospital at Braintree, the county commis- sioners of Norfolk county are hereb}'' authorized to construct additions, make alterations to any of the existing buildings of said hospital, furnish and equip the same, and may expend therefor a sum not exceeding seven hundred and fifty thou- sand dollars. The aforesaid sum shall include any money derived from federal grants.
Approved February SO, 1960.
Acts, 1950. — Chaps. 116, 117. 75
An Act relative to evasion of payment of fare by Qhnr) 116
PERSONS USING MOTOR BUSES AND TRACKLESS TROLLEY VEHICLES.
Be it enacted, etc., as follows:
Chapter 159 of the General Laws is hereby amended by g. l. (Ter. striking out section 101, as appearing in the Tercentenary fmeAdfd! * '°^' Edition, and inserting in place thereof the following: — Section 101. Whoever fraudulently evades or attempts to Evasion of evade the payment of a toll or fare lawfully established by a ra^re!"^"*^ °^ railroad corporation or railway company or by the Metro- pohtan Transit Authority, either by giving a false answer to the collector of the toll or fare, or by traveling beyond the point to which he has paid the same, or by leaving the train, car, motor bus or trackless trolley vehicle without having paid the toll or fare established for the distance traveled, or otherwise, shall forfeit not less than five nor more than twenty dollars. Whoever does not upon demand first pay such toll or fare shall not be entitled to be trans- ported for any distance, and may be ejected from a railway car, motor bus or trackless trolley vehicle; but no person shall be removed from a car of a railroad corporation except as provided in section ninety-three, nor from a train except at a regular passenger station.
Approved February 20, 1950.
An Act relative to throwing or shooting missiles at phnr) 117
MOTOR buses and TRACKLESS TROLLEY VEHICLES, AND ^'
making CERTAIN CHANGES IN THE LAW CREATING THE METROPOLITAN TRANSIT AUTHORITY.
Be it enacted, etc., as follows:
Section 1. Section 10-4 of chapter 159 of the General gj^i'^'""^ Laws, as appearing in the Tercentenary Edition, is hereby amended! amended by striking out the first sentence and inserting in place thereof the following sentence : — Whoever wilfully Throwing throws or shoots a missile at a locomotive engine, or railroad '"^^^^'ea, etc. or railway car or train, or at a motor bus or trackless trolley vehicle or at a person on such engine, car, train, motor bus or trackless trolley vehicle, or in any way assaults or inter- feres with a conductor, engineer, brakeman, motorman or operator while in the performance of his duty on or near such engine, car, train, motor bus or trackless trolley vehicle, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than one year, or both.
Section 2. Section 26 of chapter 544 of the acts of 1947 is hereby amended by striking out, in line 2 and in line 6, in each instance, the word "of", — and by inserting after the word "as", in hne 9, the words: — now or hereafter, — so as to read as follows : — Section 26. Section twenty-six of chapter forty of the General Laws and sections fifteen,
76
Acts, 1950. — Chaps. 118, 119.
twenty-eight, fifty-nine to sixty-four both inchisive, eighty- three to eighty-five both inchisive, and eighty-nine to one hundred and four both inchisive, of chapter one hundred and fifty-nine of the General Laws, and sections eighty-nine, ninety-four, ninety-five, ninetj'-eight, one hundred and three and one hundred and thirteen of chapter one hundred and sixty-one of the General Laws, all as now or hereafter amended, shall apply to the authority, its property and em- ployees in the same manner as though it were a street rail- way company. Chapter three hundred and three of the acts of nineteen hundred and forty-seven shall apply to the transit department of the city of Boston and the authority in the same manner and to the same extent as though the authority were named therein instead of the Boston Elevated Railway Company. Approved February 20, 1950.
G. L. (Ter. Ed.), 161, § 94, amended.
Obstruction of tracks.
C/iap. 118 An Act relative to the w^ilful obstruction of the use
OF PUBLIC WAYS BY TRACKLESS TROLLEY VEHICLES.
Be it enacted, etc., as follows:
Chapter 161 of the General Laws is hereby amended by striking out section 94, as appearing in the Tercentenary Edition, and inserting in place thereof the following: — Section 94. Whoever ^vilfully obstructs a company or the Metropolitan Transit Authority in the legal use of a railway track, or delays the passing of its cars thereon, or wilfully obstructs a company or the Metropolitan Transit Authority in the legal use of a public way by a trackless trolley vehicle, or delays the passing of its trackless trolley vehicles thereon, or aids or abets in such obstruction or delay, shall be pun- ished by a fine of not more than five hundred dollars or by imprisonment for not more than three months. Whoever commits any of said acts in such manner as to endanger the life or safety of persons conveyed in or upon said cars, or trackless trolley vehicles, or aids or abets therein, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than ten 3'^ears. Approved February 20, 1950.
C/iap. 119 An Act relative to the entry fees in the supreme
JUDICIAL, superior AND DISTRICT COURTS AND TO THE FEE FOR FILING PETITIONS TO COUNTY COMMISSIONERS.
Be it enacted, etc., as follows:
Section 1. Section 2 of chapter 262 of the General Laws, as amended by section 1 of chapter 345 of the acts of 1939, is hereby further amended by striking out the first sentence of the third paragraph and inserting in place thereof the fol- lowing: — For the entry of an action, petition or complaint, including filing of papers and entering up and recording judgment, two dollars. For the entry of supplementary proceedings under chapter two hundred and twenty-four, one dollar.
G. L. (Ter. Ed.), 262, S 2, etc., amended.
Feea.
Acts, 1950. — Chaps. 120, 121. 77
Section 2. Section 4 of said chapter 2G2 is hereby g. l. (Tor. amoinled by striking out the sixth paragraph, as appearing amende^a ' ^ ■*' in the Tercentenary Jiidition, and inserting in place thereof the following paragraph : —
For entr)'" of an action or suit, or of a petition in the su- Fees. preme judicial or superior court or for filing a petition to the county commissioners, five dollars, and for entry in the su- perior court of a libel for divorce or for affirming or annulling marriage, five dollars, each of which fees shall be paid by the party entering the same, and no other fee shall be charged for taxing costs, for issuing an}' subpoena, injunction or exe- cution or for issuing any order of notice or other mesne, interlocutory or final order, rule, decree or process author- ized by law. Approved February 20, 1950.
An Act providing that uniformed members of the divi- nhd-n 1 0Q
SION OF state police SHALL BE AUTHORIZED TO ORGANIZE FOR THE PURPOSE OF PROCURING BETTER WORKING CON- DITIONS.
Be it enacted, etc., as follows:
The uniformed members of the division of state police in the department of public safety are hereby authorized to organize or incorporate under the provisions of the General Laws for the purpose of bettering their working conditions; provided, however, that any such organization or member- ship therein shall not authorize any member or members to strike. The provisions of section sixteen of chapter one hun- dred and eighty of the General Laws shall apply to any such organization. Approved February 20, 1950.
An Act relative to the calling of fire district meet- fh^r) 191
INGS. ^'
Be it enacted, etc, as follows:
Chapter 48 of the General Laws is hereby amended by g, l. (Ter. striking