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ACTS
RESOLVES
PASSED BT THE
General d^aurt of ^assacltwjictts
IN THE TEAR
1929
TOGETHER WITH
RETURNS OF VOTES UPON QUESTIONS SUBMITTED TO VOTERS, TABLES SHOWING CHANGES IN THE STATUTES, ETC.
PUBLISHED BT THE
SECRETARY OF THE COMMONWEALTH
in
BOSTON
WRIGHT & POTTER PRINTING COMPANY
1929
ACTS AND RESOLVES
OF
MASSACHUSETTS 1929
S^ The General Court, which was chosen November 6, 1928, assembled on Wednesday, the second day of January, 1929, for its first annual session.
The oaths of office were taken and subscribed by His Excellency Frank G. Allen and His Honor William S. Youngman on Thursdaj^, the third day of January, in the presence of the two Houses assembled in convention.
ACTS.
Chap.
An Act authorizing the town of watertown to ap- propriate MONEY FOR THE PURPOSE OF PAYING THE COST OF ERECTION OF A MEMORIAL TO THE FOUNDERS OF THE TOWN AND FOR OTHER 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. The town of Watertown may appropriate Town of money in nineteen hundred and twenty-nine and in nineteen mny''ap°pro- hundred and thirty for the purpose of paying the cost of pii^te money erection of a memorial to the founders of Watertown and for of paying other purposes in connection with the celebration of the erect°on of a tercentenary of the founding of the town. the7ound*°
Section 2. This act shall take effect upon its passage. of the town.
Approved January 23, 1929.
etc.
Chap.
An Act validating the registration of certain voters
prior to the last state PRIxMARY.
Be it enacted, etc., as follows:
The registration of any voter between ten o'clock in the Kegistration evening on the twentieth day preceding the state primary "oterspdor of nineteen hundred and twenty-eight and the day following to last state said primary in violation of section twenty-six of chapter validated. fifty-one of the General Laws, as most recently amended by section one of chapter one hundred and three of the acts of nineteen hundred and twenty-eight, to the extent that such registration is invalid by reason thereof, is hereby made valid. Approved January 29, 1929.
Chap.
An Act relative to certain police officers of the
CITY of boston pensioned ON ACCOUNT OF DISABILITY.
Be it enacted, etc., as follows:
Once each year the police commissioner for the city of ;^"'j"^\ Boston shall require every retired police officer of said city examination under age fifty-five, who is in receipt of a pension on ac- ofK^ers'^of count of disability under any law, other than chapter five |;',^j °/;f °®*°°' hundred and twenty-one of the acts of nineteen hundred lifty-five, and twenty-two, providing for the retirement and pensioning d'isabiiity'. of any police officer of said city, to submit to an examination to be given by the medical board provided for by section
Acts, 1929. — Chaps. 4, 5.
Certification to police com- missioner as to physical and mental fitness of police officer for service, etc.
Restoration to service, etc.
Pension to cease, etc.
Pension to cease upon failure to submit to examination.
eighteen of said chapter five hundred and twenty-one at a time and place designated by it, or to be given by a physician designated by said board in case the retired pohce officer resides without the commonwealth. Said board by itself or by such physician in the case aforesaid shall make such examination and upon completion thereof shall report and certify to said police commissioner whether or not said retired police officer is physically and mentally fit for service in the police department of said city and of the rank or grade held by him when he was retired. If said board shall report and certify to said police commissioner that said retired police officer is physically and mentally fit for service as aforesaid, said police commissioner shall restore him to said police department in the same rank or grade which he had when he was retired, in the first vacancy occurring in such rank or grade, and shall send him written notice when and where to report for duty; and upon so reporting for duty his pension shall cease and he shall again become eligible to the benefits of the law under which he was formerly retired and shall not be subject to the provisions of said chapter five hundred and twenty-one. If said retired police officer fails to submit to such examination or to return to duty as required by said notice, his pension shall cease.
Approved January 30, 1929.
Chap. 4 An Act authorizing the Middlesex college of medi- cine AND surgery, inc., TO HOLD ADDITIONAL REAL AND PERSONAL PROPERTY.
The Middlesex College of Medicine and Surgery, Inc., may hold additional real and personal prop- erty.
Be it enacted, etc., as follows:
The Middlesex College of Medicine and Surgery, Inc., a corporation incorporated under chapter twenty-eight of the acts of eighteen hundred and forty-nine, under the name of Worcester Medical Institution, and whose name was changed to its present one under general law December fifteenth, nineteen hundred and fourteen, is hereby authorized to hold real and personal property to an amount not exceeding one million dollars for the purposes of said corporation.
Approved January 31, 1929.
Chap. 5 An Act to authorize the children's hospital in the
CITY OF BOSTON TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.
Be it enacted, etc., as follows:
The Children's Hospital, incorporated by chapter forty- four of the acts of eighteen hundred and sixty-nine, is hereby authorized to hold, for the purposes for which it is incorpo- rated, real and personal estate to an amount not exceeding six milUon dollars in value, including the amount which it is already authorized by law to hold.
Approved January 31, 1929.
The
Children's Hospital may hold additional real and personal estate.
Acts, 1929. — Chaps. 6, 7.
An Act repealing certain provisions of law relative PJiQry a
TO LLOYDS associations. ^'
Be it enacted, etc., as follows:
Section 1. Section one hundred and sixty-one of chap- Repeal, ter one hundred and seventy-five of the General Laws is hereby repealed.
Section 2. Section six of chapter one hundred and ten g. l. no, § e. of the General Laws is hereby amended by striking out in '*"'^"<^«"^- the fourth, fifth and sixth lines, the words " , nor to associ- ations authorized to transact insurance in the common- wealth under section one hundred and sixty-one of chapter one hundred and seventy-five", so as to read as follows: — Section 6. The preceding section shall not apply to any Certain corporation doing business under its true corporate name, exempt V°om nor to any partnership doing business under any title which statfn^Tea?*'^**' includes the true surname of any partner; nor to any nameof association which has complied with sections five and six of actfng bus'iness, chapter one hundred and fifty-nine; nor to any partnership, ^*''- joint stock company or association the business of which is conducted by trustees under a written instrument or declaration of trust, provided that the names of such trustees Proviso. with a reference to such instrument or declaration of trust shall be filed as provided in section five.
Approved February 2, 1929.
An Act permitting certain limited fraternal benefit (JJiaj) 7 societies to amend their charters under general
LAW.
Be it enacted, etc., as follows:
Section forty-six of chapter one hundred and seventy-six g. l. i76, of the General Laws, as amended by section one of chapter amend^e^d. one hundred and fifty-five of the acts of nineteen hundred and twenty-one, by chapter four hundred and ninety-four of the acts of nineteen hundred and twenty-two, by section three of chapter eighty of the acts of nineteen hundred and twenty-five and by chapter two hundred and eighty-four of the acts of nineteen hundred and twenty-eight, is hereby further amended by inserting after the word "ten" in the fifty-seventh line the word : — , eleven, — so that the third paragraph of said section will read as follows : —
Any such limited society may be incorporated, and limited frLTernai fraternal benefit corporations may be formed, in the manner benefit prescribed in and be subject to this section and to sections hoTiJfcor- six, seven, nine, ten, eleven, twenty-nine, thirty, thirty-two, poi'ated, etc. thirty-six, forty-seven, forty-seven A and forty-nine of this chapter and the seventh clause of section five of chapter fifty-nine; provided, that no proceeding shall be instituted Proviso, under said section thirty-six because such society has a membership of less than four hundred.
Approved February 2, 1929.
Acts, 1929. — Chaps. 8, 9.
Reserve police force in town of Natick, establishment, etc.
Chap. 8 An Act providing for the establishment of a reserve
POLICE FORCE IN THE TOWN OF NATICK.
Be it enacted, etc., as follows:
Section 1. The town of Natick may establish a re- serve police force consisting of not more than five members, and appointments thereto shall, subject to chapter thirty- one of the General Laws, be made in the same manner as appointments to the regular police force of said town. The chief of police of said town may assign the members of such reserve force to duty in said town whenever and for such length of time as he may deem necessary; and when on duty the members of said reserve force shall have all the powers and duties of members of the regular police force of said town.
Section 2. This act may be submitted to the voters of said town for acceptance at any annual town meeting, and, for the purpose of such submission only, shall take effect upon its passage. The vote shall be taken in answer to the following cjuestion which shall be placed upon the official ballot to be used for the election of town officers at said meeting: — "Shall an act passed by the general court in the year nineteen hundred and twentj^-nine, entitled 'An Act providing for the establishment of a reserve police force in the town of Natick', be accepted?" If a majority of the votes in answer to said question are in the affirmative, this act shall thereupon take full effect, but not otherwise.
Approved February 2, 1929.
Submiesiun to voters, etc.
Chap.
G. L. 40, § 5, cl. (12), etc., amenileii.
Cities and towns may appropiiate money for decoration of soldiers' graves and for observance of Meinoriiil
9 An Act relative to the participation of local chapters
OF the MASSACHUSETTS SOCIETY OF THE SONS OF THE AMERICAN REVOLUTION IN THE MUNICIPAL OBSERVANCE OF MEMORIAL DAY AND OTHER PATRIOTIC HOLIDAYS.
Be it enacted, etc., as follows:
Clause (12) of section five of chapter forty of the General Laws, as amended by section six of chapter four hundred and eighty-six of the acts of nineteen hundred and twenty-one, by chapters two hundred and two and four hundred and one of the acts of nineteen hundred and twenty-three, by chapter sixteen of the acts of nineteen hundred and twenty- seven and by chapter nine of the acts of nineteen hundred and twenty-eight, is hereby further amended by inserting after the word "America" in the twenty-second line of said clause the following : — and of local chapters of the Massa- chusetts Society of the Sons of the American Revolution, — so as to read as follows: — (12) For erecting headstones or other monuments at the graves of persons who served in the war of the revolution, the war of eighteen hundred and twelve, the Seminole war, the Mexican war or the war of the rebellion or who served in the mihtary or naval service of the United States in the Spanish American war or in the
Acts, 1929. — Chap. 10. 7
World war; for acquiring land by purchase or by eminent Day and domain under chapter seventy-nme, purchasing, erecting, holidays, etc. equipping or dedicating buildings, or constructing or dedi- cating 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, monu- ments or other memorials of soldiers, sailors and marines who served in the army, navy or marine corps of the United States in time of war or insurrection and the proper observ- ance of Memorial Day and other patriotic holidays under the auspices of the local posts of the Grand Army of the Republic, United Spanish War Veterans, The American Legion and the Veterans of Foreign Wars of the United States and under the auspices of the Kearsarge Association of Naval Veterans, Inc. and of local garrisons of the Army and Navy Union of the United States of America and of local chapters of the Massachusetts Society of the Sons of the American Revolution; or for keeping in repair graves, monuments or other memorials erected to the memory of such persons or of its firemen who died from injuries received in the performance of their duties in the fire service or for decorating the graves of such firemen or for other memorial observances 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. Approved February 2, 1929.
An Act to incorporate the cathedral church of the Chav 10
DIOCESE OF WESTERN MASSACHUSETTS.
Be it enacted, etc., as follows:
Section 1. Thomas F. Davies, John M. McGann, chnst church William C. Simons, Henry M. Morgan, Stedman W. Craig, ufeofocteof Ralph Carleton, Herbert G. Farquhar, Philip W. Simons, yjf'^^'""^ Laurence D. Chapin, William H. Shuart, William C. Hill, incorporated.^' Lennox F. Beach, A. Ohn Sinclair, Oscar D. Dillman, Philip S. Beebe, Edward T. Davis, Charles W. Burt, Morton Snow and Addison L. Green, their associates and successors, who shall be appointed or elected as hereinafter prescribed, are hereby made a corporation by the name of Christ Church Cathedral of the Diocese of Western Massachusetts, with all the powers and privileges and subject to all the duties, restrictions and liabilities set forth in all general laws now or hereafter in force relating to charitable corporations, so far as the same are appHcable.
Section 2. The object of the said corporation shall be object of the establishment, erection, maintenance, and management corporation. in accordance with the doctrine, discipline, and worship of the Protestant Episcopal Church in the United States of America, of a cathedral church and its appurtenances in the city of Springfield, and of such incidental foundations, schools, faculties, and other religious and charitable works
Acts, 1929. — Chap. 11,
May sue and be sued, may acquire by purchase, gift, etc., real or personal estate, etc.
May change name.
First
members of corporation.
Vacancies.
Proviso.
Corporation to have power to adopt a constitution, etc.
Adoption of statutes not inconsistent with constitu- tion.
Proviso.
as may properly be connected with such cathedral in and for the diocese of which the said city of Springfield is a part.
Section 3. The said corporation shall be capable of suing and being sued and shall have power to acquire by purchase, gift, grant, devise or bequest, and to hold in trust or otherwise, any estate or property, real or personal, neces- sary or proper for any of the objects of the said corporation, and to sell, mortgage, convey or otherwise dispose of any property held by it. The said corporation shall have power, at a meeting duly called for the purpose, to change the name of the corporation.
Section 4. The persons named in the first section of this act shall be, and are hereby constituted the first mem- bers of said corporation and they shall hold office and have power to fill vacancies in their number until their successors shall be appointed or elected and qualified, under the con- stitution to be adopted as hereinafter prescribed; provided, that the bishop of the said Protestant Episcopal church of the diocese in which the said cathedral shall be situated, exercising jurisdiction as such for the time being, shall be ex-officio a member and the official head and presiding oflEicer of the said corporation.
Section 5. The said corporation shall have power to adopt a constitution, which shall prescribe the number of members of the corporation other than the said bishop, and the mode of electing or appointing such members and their powers and duties, and from time to time to amend or to repeal the same. The corporation shall also have power to adopt statutes not inconsistent with said constitution, and from time to time to amend or to repeal the same. Such statutes shall provide for the management and administra- tion of the business, property and affairs of the corporation, and for maintaining the worship and carrying on the work of the cathedral. The constitution shall determine how and upon what notice it may be amended or repealed, and also how and upon what notice the said statutes may be adopted, amended or repealed; provided, that the con- stitution and statutes, and any amendments thereof, shall not be inconsistent with this act or with any law of the commonwealth.
Section 6. This act shall take effect upon its passage.
Approved February 7, 1929.
Chap. 11 A^ -^CT authorizing the city of NORTHAMPTON TO AP- PROPRIATE MONEY TO PROVIDE FACILITIES FOR HOLDING IN SAID CITY DURING THE CURRENT YEAR THE ANNUAL REUNION OF THE ONE HUNDRED AND FOURTH UNITED STATES INFANTRY VETERANS ASSOCIATION, AMERICAN EXPEDITIONARY FORCES.
Be it enacted, etc., as follows:
NOTthimpton SECTION 1. The city of Northampton may appropriate may appro- a sum, uot exceeding fifteen hundred dollars, for the purpose
pnate money / r- r-
Acts, 1929. — Chaps. 12, 13. 9
of providing proper facilities for public entertainment at the to provide time of the annual reunion of the one hundred and fourth lroTding1n°^ United States infantry veterans association, American ^fjrin'^^current expeditionary forces, to be held in said city during the cur- year the rent year and of paying expenses incidental to such enter- oFthe'one""'°" tainment. Money so appropriated shall be expended under I'nlTrth^united the direction and control of the mayor of said city. states infantry
Section 2. This act shall take effect upon its passage. Issoc^"!on,
Approved February 7, 1929. American '
^ ^ 'J ' expeditionary
: forces.
An Act enabling the town of milton to sell a portion phf^rt 1 9
OF ITS PLAYGROUND ON BLUE HILL AVENUE. ^'
Be it enacted, etc., as follows:
Section 1. The town of Milton may sell at public auc- Town of tion or private sale, and convey, the whole or any part of a seiia'po^tlon certain parcel of real estate situated in that town, which ofitspiay- has been held for playground purposes and is no longer needed Biue'nifr for public use, and shall use the proceeds of such sale for si^enue, etc. the purposes stated in section sixty-three of chapter forty- four of the General Laws, inserted by section four of chapter three hundred and three of the acts of nineteen hundred and twenty-three. Said parcel of land is bounded and described Boundaries as follows: Commencing at a stone bound in the county description, commissioners' line forming the southeasterly boundary of Blue Hill avenue, set at land now or formerly of Bridget Will; thence running southerly along said land of Will one hundred and four and five one hundredths feet to a point; thence running northwesterly eighty-five feet to said county commissioners' line and forming an angle of ninety degrees therewith; thence running northeasterly along said county commissioners' line sixty feet to the point of beginning; containing twenty-five hundred and fifty square feet, more or less.
Section 2. Action hereunder may be taken by the town when action at the annual meeting to be held in March in the current ™ay be taken. year, but not thereafter, except so far as is necessary to carry out the provisions of any vote passed at said meeting or to use as aforesaid the proceeds of said sale.
Section 3. This act shall take effect upon its passage.
Approved February 7, 1929.
An Act placing the chief of police and the members QJiaj) 13
OF THE REGULAR OR PERMANENT POLICE FORCE OF THE TOWN OF ROCKPORT UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The chief of police and members of the chief of regular or permanent police force of the town of Rockport member^s^of shall, upon the effective date of this act, become subject to regular or the civil service laws and rules and regulations relating to poiicefor^e the appointment and removal of police officers in towns, Rocl^orf and the tenure of office of anv incumbent thereof shall be pieced under
civil service
laws.
10
Acts, 1929. — Chap. 14.
Submission to voters, etc.
unlimited, except that he may be removed in accordance with such laws and rules and regulations; but the present chief of police and the present members of the regular or permanent police force of said town may continue to serve as such without taking a civil service examination.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town election in the current year in the form of the following question which shall be placed upon the official ballot to be used at said election: ''Shall an act passed by the general court in the year nineteen hundred and twenty-nine, entitled, 'An Act placing the chief of police and the members of the regular or permanent police force of the town of Rockport under the civil service laws', be accepted?" If a majority of the votes in answer to said question are in the affirmative, then this act shall thereupon take effect, but not otherwise, except that for the purpose of such submission it shall take effect upon its passage. Approved February 7, 1929.
Town of Amesbury may establish and maintain a public hospital and may purchase the Amesbury hospital association property for such purpose.
Chap. 14 An Act authorizing the town of amesbury to establish
AND maintain A PUBLIC HOSPITAL AND TO PURCHASE THE AMESBURY HOSPITAL ASSOCIATION PROPERTY FOR SUCH PURPOSE.
Be it enacted, etc., as follows:
Section 1. The town of Amesbury may establish and maintain a public hospital for the use of the inhabitants of said town, and others admitted thereto, who may require medical or surgical treatment, and may appropriate money for the establishment and maintenance of said hospital and for the purchase of property therefor as hereinafter pro- vided. Said town may purchase for use as aforesaid the buildings and other property of the Amesbury hospital located in said town and owned by the Amesbury hospital association.
Section 2. For the purpose of providing funds for the purchase aforesaid, said town may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessarj'^, not exceeding in the aggregate fifty thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Amesbury Hospital Loan, Act of 1929. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than fifteen years from their dates, but no issue shall be authorized under this act unless a sum equal to an amount not less than ten per cent of such authorized issue is voted for the same purpose to be raised by the tax levy of the year when authorized. Indebtedness incurred under this act shall be inside the statutory limit and shall, except as herein provided, be subject to the provisions of chapter forty-four of the General Laws. Trustees, SECTION 3. Said towu shall, within sixty days from the
tirms°"tc. effective date of this act, elect at an annual or special elec-
Amesbury Hospital Loan, Act of 1929.
Acts, 1929. — Chaps. 15, 16. 11
tion a board consisting of five trustees to manage said public hospital, who shall hold office, two until the expiration of three years, two until the expiration of two years, and one until the expiration of one year, from the date of the first annual meeting following said effective date. Thereafter as the terms of office expire, the town shall annually elect such number of trustees for the term of three years each as are necessary to fill any vacancies. Any vacancy occurring in vacancies. said board otherwise than by the expiration of a term of office shall be filled by appointment by the board of select- men for the residue of the term.
Section 4. This act shall take effect upon its acceptance submission to by a majority of the registered voters of the town present of°Amesbu°ryr and voting thereon by ballot at any town meeting called etc. for the purpose within three years from the passage of this act; but, for the purpose of such acceptance, it shall take effect upon its passage. Approved February 7, 1929.
An Act exempting from local taxation the stock of Qhav 15
DOMESTIC insurance COMPANIES.
Be it enacted, etc., as follows:
Section 1. Clause thirty-first of section five of chapter g. t>. 59, §.5. fifty-nine of the General Laws is hereby amended by adding aJ^Jn^Jed^"''''®' at the end thereof the following : — , and stock in domestic insurance companies subject to taxation under section twenty or twenty-two of said chapter, — so that said clause thirty- first will read as follows: — Thirt3^-first, Stock in domestic stock in business corporations, as defined in section thirty of chapter buSnlsg" sixty-three, and stock in domestic insurance companies sub- corporations ject to taxation under section twenty or twenty-two of said dom^tic'^ *"
chapter. insurance
COITlDiiniGS
Section 2. This act shall take effect as of the thirty- exempt from first day of March in the current year. EffltrlTe
Approved February 8, 1929.
An Act relative to the observance by certain Chap. 16 municipalities of their three hundredth anniver- saries.
Whereas, The deferred operation of this act would tend to Emergency defeat its purpose, therefore it is hereby declared to be an P''«^'"'''e- emergency law, necessary for the unmediate preservation of the public convenience.
Be it enacted, etc., as follows:
Every municipality which was settled or began its corpo- Certain rate existence in sixteen hundred and twenty-nine or six- "av make*'"** teen hundred and thirty, and every other municipality in- appropriations eluding within its limits any territory which was a part of igmorThl such first mentioned municipality at the time of the settle- thli>thre*e^ °^ ment or beginning of corporate existence aforesaid, may hundredth make appropriations in nineteen hundred and twenty-nine '^°°'''^'"^'''''^-
12
Acts, 1929. — Chaps. 17, 18.
Town of Wilmington may borrow money for school purposes
and/or in nineteen hundred and thirty for the observance in nineteen hundred and twenty-nine or nineteen hundred and thirty of the three hundredth anniversary of the settlement or beginning of corporate existence aforesaid. Any such municipaHty may employ a secretary and such other em- ployees and perform such other acts as may be necessary to prepare for and carry out the observance of such anniversary.
Approved February 8, 1929.
Chap. 17 An Act authorizing the town of Wilmington to bor- row MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of providing additional school accommodations in the town of Wilmington by the acquisition of land and/or the construction of a new school building or buildings, or by enlarging, remodelling and/or constructing additions to its present school buildings, in- cluding the original equipment and furnishing of such new buildings or of such additions as increase the floor space of said present buildings, said town 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, fifty thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Wilmington School Loan, Act of 1929. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than fifteen years from their dates, but no issue shall be authorized under this act unless a sum equal to an amount not less than ten per cent of such authorized issue is voted for the same purpose to be raised by the tax levy of the year when authorized. Indebtedness incurred under this act shall be inside 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, as revised by chapter three hundred and twenty-four of the acts of nine- teen hundred and twenty-eight.
Section 2. This act shall take effect upon its passage.
Approved February 8, 1929.
Wilmington School Loan, Act of 1929.
Chap. 18 An Act extending the time within wthich certain
INDEBTEDNESS FOR HIGH SCHOOL PURPOSES MAY BE IN- CURRED BY THE CITY OF NEWBURYPORT.
Be it enacted, etc., as follows:
Section 1. Section one of chapter forty-six of the acts of nineteen hundred and twenty-four is hereby amended by striking out, in the seventh line, the word "five" and in- serting in place thereof the word : — ten, — so as to read as follows : — Section 1 . For the purpose of purchasing or otherwise acquiring land in the city of Newburyport for high school purposes, together with the buildings thereon,
1924, 46, 5 1 amended.
City of New- buryport may borrow money for high
Acts, 1929. — Chaps. 19, 20. 13
and for the original construction of a high school building on ^.t^hooi said land including the cost of the original equipment and p^^'p''^^^ furnishings of such building, said city may borrow from Time within time to time, within a period of ten years from the passage of indebtedness this act, such sums as may be necessary, not exceeding, in f^'^y^^^^ the aggregate, four hundred and fifty thousand dollars, and '" """^^ ' may issue bonds or notes therefor, which shall bear on their face the words, Newburyport High School Loan, Act of 1924. ^il^^;'';:^^]:^^^' Each authorized issue shall constitute a separate loan, and j.fjj'j"- '^''^"f such loans shall be paid in not more than fifteen years from their dates, but no issue shall be authorized under this section unless a sum equal to an amount not less than ten per cent of such authorized issue is voted for the same purpose to be raised in the tax levy of the year when authorized. In- debtedness 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 new provisions inserted in section seven of said chapter by chapter three hundred and thirty-eight of the acts of nineteen hundred and twenty-three.
Section 2. This act shall take effect upon its passage.
Approved February 8, 1929.
An Act authorizing the city of westfield to appro- (yifip 19
PRIATE money to PROVIDE FACILITIES FOR HOLDING IN SAID CITY THE STATE CONVENTION OF THE AMERICAN LEGION.
Be it enacted, etc., as follows:
Section 1. The city of Westfield may appropriate a cityof sum, not exceeding thirty-five hundred dollars, for the pur- "ay appro- pose of providing proper facilities for public entertainment f^'pro^de"^^ at the time of the state convention of The American Legion, faciiitiesfor to be held in said city during the current year, and of pay- sa°idcifythe ing expenses incidental to such entertainment. Money so tJon''o'f°Thr" appropriated shall be expended under the direction of the Ameiioan mayor of said city.
Section 2. This act shall take effect upon its passage.
Approved February 8, 1929.
r,oa:inn
An Act authorizing the town of westport to refund C/mp. 20
OR extend certain temporary LOANS.
Be it enacted, etc., as follows:
Section 1. The town of Westport may refund from To«nof time to time any revenue loan of the year nineteen hundred refumror""^^ and twenty-eight for a period of not more than eighteen temporary*^'" months from the date of the passage of this act and may issue loans. a note or notes of the town therefor, which shall bear on their face the words, Westport Revenue Refunding Loan, Act of J^|fgP°Jg' 1929. Indebtedness incurred under this act shall be in uefimdiug excess of the statutory limit. None of the unappropriated |o?m)"' '^"^ ''^ funds in the treasury on January first, nineteen hundred and
14
Acts, 1929. — Chaps. 21, 22.
twenty-nine, nor the receipts from the collection of taxes of the year nineteen hundred and twenty-eight and prior years, nor other accounts receivable of the town as of said January first, shall be applied to or appropriated for any purpose except the payment of the revenue loans of nineteen hundred and twenty-eight or the revenue refunding loans herein authorized, so long as there are any such loans out- standing.
Section 2. This act shall take effect upon its passage.
Approved February 8, 1929.
Chap. 21 An Act enabling the town op marblehead to present A set of flags or other appropriate gift to the
UNITED STATES FOR THE USE OF THE U. S. S. " MARBLE- HEAD ".
Be it enacted, etc., as follows:
Section 1. The town of Marblehead may appropriate a sum of money, not exceeding five hundred dollars, for the purpose of purchasing a set of flags or such other appropriate gift as the town may determine, to be presented to the United States for the use of the U. S. S. "Marblehead".
Section 2. This act shall take effect upon its passage.
Approved February 8, 1929.
Town of Marblehead may present a set of flags or other appropriate gift to the United States for the use of the U.S. S. "Marblehead."
1925, 339, § 18, etc., amended.
Chap. 22 An Act postponing the time for allocating and appor- tioning THE COST OF CONSTRUCTION, MAINTENANCE AND OPERATION OF THE SOUTH ESSEX SEWERAGE DISTRICT AND OTHERWISE AMENDING THE ACT ESTABLISHING SAID DIS- TRICT,
Be it enacted, etc., as follows:
Section 1. Section eighteen of chapter three hundred and thirty-nine of the acts of nineteen hundred and twenty- five, as amended by section one of chapter thirty-six of the acts of nineteen hundred and twenty-seven and by sections two, three, four and five of chapter two hundred and ninety- four of the acts of nineteen hundred and twenty-eight, is hereby further amended by striking out the eleventh, twelfth and thirteenth paragraphs and inserting in place thereof the following: —
Beginning in the year nineteen hundred and thirty, said board shall determine annually on or before February apportionments fifteenth, what part of the retirement and interest pay- consT/uction, meuts falfiug due that year on bonds or notes issued under basis, etc. sectiou fifteen, including notes issued to pay annual interest
on bonds or notes previously issued and any and all other sums, shall be allocated to each account described in sub- divisions (a) to (h), inclusive, as its share for that year of the cost of construction. Each share so determined in the case of subdivisions (a), (b), (c), (e), (/) and (g) shall be apportioned to the institutions, town and/or cities partici- pating in that share, one third in proportion to their re-
South Esse.f Sewerage District, annua'
Acts, 1929. — Chap. 22. 15
spective valuations as determined as hereinafter provided for the year nineteen hundred and thirty by the commis- sioner of corporations and taxation, and two thirds in proportion to their respective normal average flow of sewage as determined by said board for the period covered by the years nineteen hundred and twenty-eight and nineteen hundred and twenty-nine; it being hereby provided that, Determination, until the construction of the sewers and other works herein n°pnor[^°fnfent, provided for and until the sewerage system thus made is in °f fl°'^ °' ,.,
^ , . . , , 1 • 1 , • • r e sewage until
operation, said board in determining, tor purposes oi ap- construction portionment, the flow of sewage, shall make use of the flow ^^ sewers, etc. of sewage of the existing systems from said institutions and cities, and as said town of Danvers has at present no sewer- Such age system and will not have one for some years adequate fn cl's""rruow"n to dispose of the sewage from said town, the flow of sewage °f Danvers. from said town of Danvers shall for said purposes be de- termined at one million two hundred and fifty thousand gallons per day. The cost of maintenance and operation of Annual said sewers and other works for each account described in oFcosto"'"^"''* subdivisions (a) to (g), inclusive, shall be estimated by said ^n'doprrltfon, board for each year on or before February fifteenth and shall basis, etc. be apportioned by said board to the institutions, town and/or cities participating in that account, one third in pro- portion to their respective valuations as last determined as hereinafter provided by the commissioner of corporations and taxation and two thirds in proportion to their respective flow of sewage as determined by said board for the previous year, except that the cost of maintenance and operation for the year nineteen hundred and twenty-nine, or any part thereof, and for the year nineteen hundred and thirty shall first be estimated and apportioned as aforesaid in the year nineteen hundred and thirty on or before February fifteenth and that the two thirds of the cost of maintenance and operation for the year nineteen hundred and twenty-nine, or any part thereof, and for the year nineteen hundred and thirty, shall be apportioned in proportion to the flow of sewage as determined by said board for the period covered by the years nineteen hundred and twenty-eight and nine- teen hundred and twenty-nine. Any balance remaining at Balance the end of any year on account of assessments herein pro- etJ^'.^tS'be' vided for shall be credited to the institution, town or cities credited, etc. as the case may be in the same proportion as assessed, and P*'^'''*' *'**^"d any deficit on account of any year shall be assessed the etc. following year in the same proportion as for the year in which the deficit occurred. For the purposes of apportion- Determination ing the annual cost of maintenance and operation, the flow slwagehom of sewage from the town of Danvers shall in no year prior town of to the year nineteen hundred and thirty-five be determined apportioning at less than one million two hundred and fifty thousand mnLfenance
gallons per day. and operation,
i,A The annual apportionments so deteraiined, including the Notice and annual allocations under subdivisions (d) and (h), both, for ^fg^j.^pt'^fo^^ cost of construction and for maintenance and operation, payment by
16
Acts, 1929. — Chap. 22.
said cities, town and institwtioTisi
Recovery upon failure to pay
Anuual determination and report of taxable valuations of said cities and town and of valuations of said institutions.
Proviso.
I'JliS, 339, § 2. etc., amended
On M-ucli 31, 1930, two members to nease to be members, etc
1925, 339, § 15, etc., amended.
Issue of notes to meet expenses of maintenance and operation, ote.
shall in the case of each of said cities, town and institutions be added together, and on or before the fifteenth day of February in each year, beginning in nineteen hundred and thirty as aforesaid, the treasurer of said South Essex Sewer- age District shall notify each of the amount to be paid by it, and shall in writing demand that such amount be paid on or before the first day of November in that year, and said amount shall be so paid; and in case of failure to pay after a written demand therefor, said district may' recover such amount in contract from those liable to pay the same. The commissioner of corporations and taxation shall annually, beginning in the year nineteen hundred and thirty, determine and report to said board prior to Feb- ruary first the respective taxable valuations of said cities of Salem, Beverly and Peabody and of said town of Danvers, as of the first day of April next preceding, and the valuations, as of said day, as determined by said commissioner, of the institutions served by the sewerage system herein provided for; provided, that no part of the valuations of the* Essex county sanatorium, Danvers state hospital, Essex county agricultural school and the industrial camp shall for pur- poses of apportionment be included in the valuation of the town of Danvers.
Section 2. Section two of said chapter three hundred and thirty-nine, as amended by section two of said chapter thirty-six, is hereby further amended by striking out the' fourth paragraph thereof and inserting in place thereof the following: —
On March thirty-first, nineteen hundred and thirty, the engineer acting as county engineer for the county of Essex and the chief engineer of the department of public health shall cease to be members of said board, and the sewers and other works shall thereafter be managed, controlled and operated by the remaining five members.
Section 3. Section fifteen of said chapter three hundred and thirty-nine, as amended by section one of said chapter two hundred and ninety-four, is hereby further amended by striking out the second paragraph and inserting in place thereof the following: —
To meet the expenses of maintenance and operation of said sewers and other works, so far as the same cannot be met from other sources, the treasurer of said South Essex Sewerage District shall, upon vote of said board, borrow from time to time and issue notes of the district therefor; said notes to be payable in not more than one year from their dates of issue from receipts from and assessments levied for the maintenance and operation of said system and other works; provided, that notes issued for a shorter period than one year may be refunded by the issue of other notes matur- ing within the required time, if the period from the date of issue of the original loan to the date of maturity of the last refunding loan does not exceed one year; and provided, further, that notes so issued during the year nineteen hun-
Acts, 1929. — Chaps. 23, 24. 17
dred and twenty-nine for a period of one year or less may be refunded, as hereinbefore provided, so that the period from the date of issue of the original loan to the date of maturity of the last refunding loan shall not exceed two years. Section 4. This act shall take effect upon its passage.
Approved February 8, 1929.
An Act authorizing the city library association of Chap. 28
SPRINGFIELD TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.
Be it enacted, etc., as follows:
Section one of chapter forty of the acts of nineteen hun- i9i-', 4o, § i, dred and twelve is hereby amended by striking out, in the ''™^"^^'^- fifth Line, the word "three" and inserting in place thereof the word : — six, — so as to read as follows : — Section 1 . JJ{^^^^^^^ The City Library Association of Springfield is hereby au- Association of thorized to hold real and personal estate for the purposes nfay"hoid'^ named in its act of incorporation, chapter one hundred and ^g![{'^'°^"' forty-two of the acts of the year eighteen hundred and personal estate sixty-four, to an amount not exceeding six million dollars, exclusive of its library, art and science buildings and of the books and collections of natural history and works of art in its library and museum buildings.
Approved February 8, 1929.
An Act repealing certain provisions of law relative fhr... 94
TO ASSESSMENT INSURANCE COMPANIES. ^ '
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and seventy-seven of ^" gijip"' '''^'^ • the General Laws, as amended by chapter three hundred and eighty-four of the acts of nineteen hundred and twenty- four and as affected by section seventeen of chapter four hundred and six of the acts of said year, is hereby repealed.
Section 2. Section three of chapter one hundred and ^^^ ^'■imended seventy-five of the General Laws, as amended by section one of said chapter four hundred and six, is hereby further amended by striking out all after the word "or" in the sixth line and inserting in place thereof the words : — chapter one^ hundred and seventy-six or one hundred and seventy- eight, — so as to read as follows: — Section 3. No com- insurance pany shall make a contract of insurance upon or relative to contlaryV any property or interests or lives in the commonwealth, or ^^■j^j''^''' ^""^ with any resident thereof, and no person shall negotiate, forbidden solicit, or in any manner aid in the transaction of such in- surance or of its continuance or renewal, except as author- ized by this chapter or chapter one hundred and seventy-six or one hundred and seventy-eight.
Section 3. Section three A of said chapter one hun- g.l. 175, §3a, dred and seventy-five, inserted by section two of said chapter '^^^e"'^*'^' four hundred andj six, is hereby amended by striking out, in the second and third lines, the words "chapters one hundred
18
Acts, 1929. — Chap. 24.
Commissioner
of insurance
to enforce
certain
provisions of
law.
To report
certain
violations
to attorney
general, etc.
G. L. 175, >^ 25, etc., amended.
and seventy-six and one hundred and seventy-seven", — and inserting in place thereof the words: — chapter one hundred and seventy-six, — so as to read as follows : — Section 3 A. The commissioner shall administer and enforce the provisions of this chapter and chapter one hundred and seventy-six, and, so far as is provided therein, chapter one hundred and seventy-eight. If upon complaint, examination or other evidence exhibited to him he is of the opinion that any provision of said chapters has been violated, he shall forthwith report the facts to the attorney general, to the proper district attorney or to the commissioner of public safety, who shall cause the offender to be prosecuted therefor. Section 4. Section twenty-five of said chapter one hun- dred and seventy-five, as amended by section two of chapter one hundred and sixty-five of the acts of nineteen hundred and twenty-one and by chapter eighty-six of the acts of nine- teen hundred and twenty-three, is hereby further amended by striking out the heading "Forms B and C. — Mutual Companies and United States Branches of Companies OF Foreign Countries" and also the paragraph immedi- ately following the same, all as printed in the General Laws, and inserting in place thereof the following : —
Change in Forms B and C, annual statement of certain insurance companies.
G. L. 175, § 29, amended.
Companies subject to chapter 175.
Forms B and C. — Companies Not Elsewhere Pro- vided FOR and United States Branches of Com- panies OF Foreign Countries.
The form of return required from mutual companies and from the United States branches of companies of foreign countries, and from all other companies except those here- inbefore provided for and except life and those reporting under chapter one hundred and seventy-six or one hundred and seventy-eight, shall be the same as outlined above, with such modifications as the commissioner may deem necessary to make the foregoing form apphcable to the business of such companies.
Section 5. Section twenty-nine of said chapter one hundred and seventy-five is hereby amended by striking out, in the third and fourth lines and in the eighth and ninth lines, the words "chapters one hundred and seventy-sLx and one hundred and seventy-seven" and inserting in place thereof, in each instance, the words: — chapter one hundred and seventy-six, — so as to read as follows : — Section 29. All companies now or hereafter incorporated or formed by authority of any general or special law of the commonwealth shall, except as provided in section one hundred and fourteen and in chapter one hundred and seventy-six, be subject to this chapter. Trade unions and other associations of wage workers whose principal objects are to deal with the relations between employers^and employees^relative to wages, hours of labor and other conditions of emplojonent shall not be subject to this chapter or chapter one hundred and seventy- six.
Acts, 1929. — Chap. 24. 19
Section 6. Said chapter one hundred and seventy-five, g. l. 175. § se, as amended in section fifty-six by section seven of chapter etc., amended. four hundred and fifty of the acts of nineteen hundred and twenty-four, is hereby further amended by striking out said section fifty-six and inserting in place thereof the fol- lowing:— Section 56. Any domestic corporation subject to Reincorpora- chapter one hundred and seventy-six and confining its fr°ternar''^'" membership to a particular order or fraternity may by a benefit two thirds vote of its policy or certificate holders voting stock*'^^'*^ thereon adopt this section at a meeting called to consider the companies, same, of which meeting written or printed notice shall be mailed to each policy or certificate holder at least thirty days before the day fixed for the meeting, and be reincorpo- rated under this chapter as a stock company to insure only against the disability of the insured by sickness and the bodily injury and death of the insured by accident as pro- vided in subdivisions (a) and (6) of the sixth clause of section forty-seven. The members of such corporation may vote voting by on this proposition by proxy, if the instrument appointing p'""''^- the proxy is filed with the secretary of the corporation at least five days before said meeting, and the aforesaid notice to the pohcy and certificate holders shall so state. A copy copyofyote of such vote certified to by the president, secretary and a g°one™'etc.' majority of the directors of the corporation shall be filed with the commissioner. If such vote be in the affirmative the Notice of recording officer shall cause a notice to be mailed to each v!!t™o pofioy policy or certificate holder at his last known address, reciting or certificate the substance of such vote, and stating that books for cash subscriptions for stock in said company have been opened in the home office and will continue open for sixty days from the date of said notice, and that a policy or certificate holder in said corporation may have a prior right within said period to subscribe for said stock; and stating also that no member shall subscribe for more than ten shares thereof, and that the par value shall be twenty-five dollars per share ; and stating also, in a form satisfactory to the commissioner, the financial condition of the corporation at the time of the meeting aforesaid. If within said period of sixty days the oversubscrip capital, as fixed, shall be oversubscribed by poHcy or cer- ^'°p"j?f, ^j^ tificate holders, the directors shall allot to each his propor- tionate part of the amount subscribed. At the expiration Ces.s.ition of of said period of sixty days, the said right of priority to ^Ifteeriije. subscribe shall cease, and subscriptions for stock then undis- posed of may be received from any member or certificate holder or other person and to any amount. Within thirty Meetinfror days after the stock has been subscribed, a meeting of the noS'ete^' subscribers shall be called by a notice signed by the re- cording officer of the corporation, stating the time, place and purpose of the meeting, a copy of which notice shall, seven days at least before the day appointed for the meeting, be given to each subscriber, or left at his usual place of business or residence, or deposited in the post office, postpaid, and addressed to him at his usual place of business or resi-
20
Acts, 1929. — Chap. 24.
Adoption of by-laws, election of officers, etc.
Certificate of organization, submission to commissioner, etc.
Filing with state secretary, fee, etc.
Liabilities, rights, etc., of reincorporated companies, etc.
Policies to continue in force, etc.
Proviso.
Reincorpoi a ted companies may increase capital stock, etc.
G. L. 155, § 10, etc., amended.
dence. Said recording officer shall make an affidavit of his doings, which, with a copy of the notice, shall be recorded in the records of the corporation. At such meeting, includ- ing any necessary or reasonable adjournment thereof, by-laws of such stock company shall be adopted, and the secretary, directors and such other officers as the by-laws require shall be chosen. The president, treasurer and other officers that the said by-laws authorize them to choose shall be elected by the directors at a meeting held directly after the ad- journment of the stockholders' meeting. A certificate of organization, containing a statement that the capital stock has been paid in in cash, shall be signed and sworn to by the president, secretary and a majority of the directors of such corporation, and shall, with the records of the corpo- ration pertaining to the reincorporation, be submitted to the commissioner. If it appears that the requirements of this section have been complied with, the commissioner shall so certify and approve the certificate by his endorsement thereon. Such certificate shall thereupon be filed with the state secre- tary, who, upon payment of a fee of one twentieth of one per cent of the total amount of the authorized capital, but not less than one hundred dollars, shall issue to such corporation a certificate of reincorporation as a stock company, with the powers retained and hereby conferred. Upon the issuance of such certificate such company shall cease to issue policies or certificates upon its former plan, and shall then be em- powered to transact its business under this chapter, with all the obligations, rights and privileges that it would be subject to had it been incorporated thereunder.
The company shall be subject to all the liabilities of the former corporation, and be entitled to all its assets. All policies or certificates in force at the date of reincorporation shall continue in full force and effect in all their provisions, agreements and undertakings, and shall be construed ac- cording to the laws under which they were issued, except that the policy or certificate holder shall not be liable to any extra assessment; provided, that the rates for benefits for death from natural causes may from time to time be raised if the experience of the company shows it to be necessary. Any defences or evidence relative to such policies or cer- tificates open under such provisions shall constitute a defence, and shall be received as evidence in any controversy between the parties to or interested in such pohcies or cer- tificates. No such reincorporated company shall declare a stock dividend unless its surplus thereafter would be equal to the amount of the surplus at the time of reincorporation.
Any company reincorporated under this section may in- crease its capital stock in the manner provided in section seventy, and may, if it has sufficient capital, transact all the kinds of business permitted to domestic companies by section fifty-one.
Section 7. Section ten of chapter one hundred and fifty-five of the General Laws, as amended by section three
Acts, 1929. — Chap. 25. 2]
of chapter three hundred and seventy-nine of the acts of nineteen hundred and twenty-six, is hereby further amended by striking out the comma in the thirty-third Hne and in- serting in place thereof the word : — or, — and by striking out, in the thirty-fourth hne, the words "or one hundred and seventy-seven", — so as to read as follows: — Section change of 10. A corporation, except one subject to chapter one "ertohf hundred and fifty-six or chapters one hundred and sLxty to corporations one hundred and sixty-three, inclusive, may at a meeting duly called for the purpose, by vote of two thirds of each class of stock outstanding and entitled to vote, or, in case such corporation has no capital stock, by vote of two thirds of the persons legally qualified to vote in meetings of the corporation, or by a larger vote if its agreement of associ- ation or by-laws shall so require, change its name; pro- Proviso. vided, that no corporation subject to section twenty-six of chapter one hundred and eighty shall change its name until after approval of such change by the state secretary. Articles Articles of of amendment signed and sworn to by the president, treas- b™p?epareci. " urer and a majority of the directors or other officers having ''*'■ the powers of directors, shall within thirty days after such meeting be prepared, setting forth such amendment, and stating that it has duly been adopted by the stockholders. Such amendment shall be submitted to the commissioner Submission to who shall examine it, and if he finds that it conforms to the ^^^^""^^'""'''■' requirements of law, he shall so certify and endorse his approval thereon. Thereupon the state secretary shall di- state rect the officers of the corporation to publish in such form dlrecfpub" as he may see fit, in a newspaper published in the county lication.etc. where the corporation has its principal office or place of business, notice of such change of name. When the state To grant secretary is satisfied that such notice has been published as trname^of""* required by him, he shall upon the payment of a fee of one corporation. dollar grant a certificate of the name which the corporation shall bear, which name shall thereafter be its legal name, and he shall cause the article of amendment and the en- dorsements thereon to be recorded in his office. In the case Approval of of corporations subject to chapter one hundred and seventy- onnTuram-e^' five or one huildred and seventy-sLx, the approval of the ^gl^^'^j.^^i commissioner of insurance shall be required before the com- missioner of corporations and taxation approves the article of amendment. No article of amendment changing the Article of name of any corporation shall take effect until it has been w^ient'^take filed in the office of the state secretary as aforesaid. effect.
Approved February 8, 1929.
An Act providing that the civil service laws shall Qj^dj)^ 25 NO longer apply to the office of chief of police
OF THE TOWN OF WAREHAM.
Be it enacted, etc., as follows:
Section 1. Chapter ninety-nine of the Special Acts of '^'y,'^'- ^^• nineteen hundred and eighteen is hereby repealed.
22
Acts, 1929. ~ Chap. 26.
Submission to voters, etc.
Section 2. This act shall be submitted to the registered voters of the town of Wareham at the annual town meeting in the current year, in the form of the following question which shall be placed upon the official ballot to be used for the election of town officers at said meeting: — "Shall an act passed by the general court in the year nineteen hundred and twenty-nine, entitled 'An Act providing that the civil service laws shall no longer apply to the office of chief of police of the town of Wareham' be accepted?" If a ma- jority of the votes in answer to said question are in the affirmative, then this act shall thereupon take effect, but not otherwise, except that, for the purpose of such submis- sion, it shall take effect upon its passage.
Approved February 8, 1929.
Chap. 26 An Act authorizing the town of ipswich to construct
AND operate a SYSTEM OF SEWERS.
Town of Ipswich may construct and operate a system of sewers, etc.
May make and maintain con- necting drains, etc.
LJoard of sewer commissioners, election, terms, etc.
Be it enacted, etc., as follows:
Section 1. The town of Ipswich 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 territory, with such connections and other works as may be required for a system of sewage disposal, and may construct such sewers or drains over and under land or tidewater in said town as may be necessary to conduct the sewage to the filter beds, treatment works and/or to the Ipswich river, the Atlantic ocean or Plum Island river, sometimes called Plum Island sound, or to any of said waters, 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 sub-drains.
Section 2. The town may make and maintain in any way therein where main drains or common sewers are con- structed, such connecting drains, under-drains and sewers within the limits of such way as may be necessary to connect any estate which abuts upon the way.
Section 3. The town may, at the meeting when this act is accepted, vote that the selectmen shall act as a board of sewer commissioners. If the town does not so vote at said meeting, the town shall elect by ballot at any town meeting not later than the second annual meeting after the com- mencement of construction hereunder of a system of sewer- age and sewage disposal, a board of three sewer commis- sioners who shall be citizens of the town, to hold office, if elected at an annual meeting, one until the expiration of one year, one until the expiration of two years, and one until the expiration of three years, from such annual town meet- ing, and until their successors are qualified, or, if elected at a special meeting, one until the expiration of one year, one until the expiration of two years, and one until the expiration of three years, from the next succeeding annual
Acts, 1929. — Chap. 26. 23
town meeting, and until their successors are qualified; and thereafter at each annual town meeting, the town shall elect one member of the board to serve for three years and until his successor is elected and qualified. Any selectman shall be eligible to election to said board. In either case, whether the town votes that its selectmen shall act as a board of sewer commissioners or elects a board of sewer commissioners, the town may at any time thereafter, by any or all the methods permitted by general law, provide for the election of a board of three sewer commissioners, or that the selectmen may act as a board of sewer commissioners, as the case may be.
Section 4. Said board of sewer commissioners, acting Board may for and on behalf of said town, may take by eminent domain wite^Hghts. under chapter seventy-nine of the General Laws, or acquire etc. by purchase or otherwise, any lands, water rights, rights of way or easements, public or private, in said town, neces- sary 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 railroad 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 pur- poses of this act; provided, that they shall not take in fee Proviso. any land of a railroad corporation, and that they shall not enter upon or construct any drain or sewer within the lo- cation of any railroad corporation except at such time and in such manner as they may agree upon with such corpo- ration, or, in case of failure to agree, as may be approved by the department of public utilities.
Section 5. Until the board of sewer commissioners has Authorized first been elected as provided in this act or the selectmen carrion wodt have first been authorized by vote to act as such board, as ""^ii board is the case may be, but not in any event later than the second '^ '^'^ ^' ■ ® ^• annual meeting after the commencement of the work of con- struction authorized hereby, the town may carry on such work by a duly authorized committee of the town. The committee shall serve without pay and shall have all the powers and authority given to the board of sewer commis- sioners in this act or by general law. Whenever the phrase "Said board "said board of sewer commissioners" or "said board" here- commfs^sioners- inafter occurs, it shall mean and include the board of sewer or "said commissioners, the selectmen acting as such or the com- definition, mittee of the town provided for in this section, as the case may be.
Section 6. Any person injured in his property by any Recovery of action of said board of sewer commissioners under this act damages. may recover damages from said town under said chapter seventy-nine.
Section 7. The town shall, by vote, determine what Town to proportion of the cost of said system or systems of sewerage proportion 'of
24
Acts, 1929. — Chap. 26.
To determine method of providing remaining portion of post.
May borrow money, issue bonds, etc.
Ipswich Sewer- age Loan, Act of 1929.
Receipts from sewer assess- ments, etc., how apphed.
Board may ap- point cleric and superin- tendent of sewers, etc.
Rentals for use of sewer systems.
Contracts.
Rules and regulations.
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 remaining portion of the cost of said sj^stem 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 general laws, and the provisions of said general laws relative to the 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 six per cent per annum. At the same meeting at which it determines the proportion 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 town shall certify the pay- ment 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 8. For the purpose of paying the necessary expenses and liabilities incurred under this act, the town may borrow 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, Ipswich Sewerage Loan, Act of 1929. Each au- thorized issue shall constitute a separate loan. 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.
Section 9. The receipts from sewer assessments and from payments made in lieu thereof shall be applied to the payment of charges and expenses incident to the maintenance and operation of said system of sewerage and sewage disposal 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 10. Said board of sewer commissioners may annually appoint a clerk and may appoint a superintendent of sewers who shall not be a member of the board, and shall define their duties. It may remove the clerk or superin- tendent at its pleasure. Said board may, in its discretion, prescribe for the users of said sewer systems such annual rentals or charges based upon 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 11. All contracts made by the board of sewer 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 town therefor.
Section 12. Said board may, from time to time, pre- scribe rules and regulations for the connection of estates
Acts, 1929. — Chaps. 27, 28. 25
and buildings with main drains and sewers, and for inspec- tion of the materials, the construction, alteration and use of all connections 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 regu- lation. Such rules and regulations shall be published at Effective upon least once a week for three successive weeks in some news- P"'^''cation. paper published in the town of Ipswich, 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 13. No act shall be done under authority of f g"^J°Jf the preceding sections, except in the making of surveys and sewerage, other preliminary investigations, until the plans for said stote°diepMt- system of sewerage and sewage disposal have been approved "^bHc^heaith by the state department of public health. Upon applica- tion to said department for its approval, it shall give a hearing, after due notice to the public. At such hearing, plans showing in detail all the work to be done in construct- ing said system of sewerage and sewage disposal shall be submitted for approval by said department.
Section 14. For the purpose of submission to the voters Effective upon of said town, this act shall take effect upon its passage, and mafoHtrvo'te it shall take full effect upon its acceptance by vote of the °f voters, etc. majority of the voters of said town voting thereon at a town meeting called for the purpose within five years after its pas- sage. No expenditure shall be made and no liability in- curred hereunder until such acceptance.
Approved February 8, 1929.
An Act authorizing the durant incorporated to hold Phn^ 27
ADDITIONAL PROPERTY. ^'
Be it enacted, etc., as follows:
The Durant Incorporated, a corporation organized under The Durant chapter one hundred and eighty of the General Laws, is maJToi'd*'''^ hereby authorized to hold real and personal property to an "^^'g""'""' amount not exceeding five million dollars.
Approved February 8, 1929.
An Act prohibiting the certification of municipal and QJiav 28
DISTRICT NOTES WHEN THE PROCEEDS THEREOF ARE NOT TO BE USED FOR AUTHORIZED PURPOSES.
Be it enacted, etc., as follows:
Section twenty-four of chapter forty-four of the General .*^;, ^^f'^j ^ -*■ Laws is hereby amended by adding the words: — , or if it ''""^"'"^ appears that the proceeds of the note are not to be used for the purpose specified in the vote authorizing the loan for which the note is issued, — so as to read as follows: — Section 24- Whenever a town or a fire, water, light or im- issue of town provement district votes to raise money otherwise than by nStls."'*"''*
26
Acts, 1929. — Chap. 28.
Issue of town and district notes.
Certification of municipal and district notes when proceeds are not to be used for au- thorized pur- poses, pro- hibited.
the issue of bonds, the treasurer thereof shall make notes for the amount of the proposed loan, and shall use one or more, in serial order, of the forms provided for in the pre- ceding section, with the blank spaces properly filled in. Town notes shall be signed by the treasurer thereof, and a majority of the selectmen shall countersign and approve each note in the presence of the town clerk, who shall certify to the fact on the face thereof and affix thereon the town seal. Notes of districts shall be signed by the treasurer thereof, and a majority of the prudential committee or commissioners shall countersign and approve them in the presence of the clerk of the district, who shall certify to the fact on the face thereof. The treasurer of the town or dis- trict, after making a record of the transaction in accordance with the preceding section, shall forward, with the fee required by section twenty-six, every such note to the director, with a copy of said record and a copy of the vote authorizing the loan, certified by the clerk of the town or district, and a certification by said clerk that the person whose signature appears upon the note as treasurer was the duly authorized treasurer of the town or district when such signature was made, and that the persons whose signatures appear upon the note as those of a majority of the selectmen or of the pru- dential committee or commissioners were duly qualified as such when such signatures were made; and the treasurer of such district shall furnish such other information with reference to the financial condition of the district as the director may require to enable him properly to certify the note. If upon examination the note appears to the director to have been duly issued in accordance with the vote of the town or district authorizing it, or in accordance with an act of the general court, and to have been signed by the duly qualified officials of such town or district, he shall so certify and shall thereupon return the note by registered mail to the treasurer of such town or district; but, under such regu- lations as he may prescribe, if so authorized by the town treasurer with the approval of the selectmen, or by the treasurer of the district with the approval of the prudential committee or commissioners, the director may deliver a certified note to the payee thereof. He may certify to the issue of a note on any date not earlier than three days prior to the date of issue appearing on the note, if the other con- ditions of this chapter have been complied with. He shall not certify a note payable on demand, nor shall he certify any note unless the laws relating to municipal indebtedness have been complied with, or if it appears that the proceeds of the note are not to be used for the purpose specified in the vote authorizing the loan for which the note is issued.
Approved February 8, 1929.
Acts, 1929. — Chaps. 29, 30. 27
An Act extending to optometrists the provisions of ^j r>Q
LAW RELATIVE TO THE LIMITATION OF ACTIONS FOR MAL- ^ ^^^V ' ^^ PRACTICE, ERROR OR MISTAKE.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and sixty of the g. l. 26o, § 4, General Laws, as amended in section four by section one ^^'^■' amenfied. of chapter three hundred and nineteen of the acts of nine- teen hundred and twenty-one and by section ten of chapter three hundred and forty-six of the acts of nineteen hundred and twenty-five, is hereby further amended by striking out said section four and inserting in place thereof the following: — Section 4- Actions for assault and battery, false im- Limitation of prisonment, slander, actions against sheriffs, deputy sheriffs, '""^^'-'"^ actions. constables or assignees in insolvency for the taking or con- version of personal property, actions of tort for injuries to the person against counties, cities and towns, and actions of contract or tort for malpractice, error or mistake against physicians, surgeons, dentists, optometrists, hospitals and sanitaria, shall be commenced only within two years next after the cause of action accrues; and actions for libel and actions of tort for bodily injuries or for death the payment of judgments in which is required to be secured by chapter ninety, suits by judgment creditors in such actions of tort under section one hundred and thirteen of chapter one hundred and seventy-five and clause (10) of section three of chapter two hundred and fourteen and suits on motor vehicle liability bonds under section thirty-four G of said chapter ninety shall be commenced only within one year next after the cause of action accrues.
Section 2. This act shall apply only to causes of action Application of arising after its effective date. ^'^^ limited.
Approved February 8, 1929.
An Act exempting probation officers from the laws QJiaj) 30
APPLICABLE TO PROFESSIONAL BONDSMEN.
Be it enacted, etc., as follows:
Section sLxty-one B of chapter two hundred and seventy- g. l. 276, six of the General Laws, inserted by section two of chapter Imended!" four hundred and sixty-five of the acts of nineteen hundred and twenty-two and as amended by section one of chapter three hundred and forty of the acts of nineteen hundred and twenty-SLx, is hereby further amended by adding at the end thereof the words: — or to probation officers, — so as to read as follows: — Section 61 B. Any person proposing Professional to become bail or surety in a criminal case for hire or re- wh"t''i™reo'ns ward, either received or to be received, and any person be- deemed to be. coming bail or surety in a criminal case after having become rfg'istrltion, bail or surety in criminal cases on more than three separate ''*°' occasions in any twelve months' period, shall be deemed to be a professional bondsman and shall not be accepted as
28
Acts, 1929. — Chap. 31.
Revocation of approval and registration.
District at- torney, etc., to give certain notice to chief justice, etc.
Rules govern- ing pro- fessional bondsmen.
Penalty for unregistered persons be- coming bail or surety for hire or reward in criminal cases, etc.
Not appli- cable to surety companies or to probation officers.
bail or surety until he shall have been approved and registered as a professional bondsman by the superior court or by a justice thereof. Such approval and registration may be revoked at any time by such court or a justice thereof, and shall be revoked in case such a bondsman fails for thirty days after demand to satisfy in full a judgment recovered under section seventy-four or a new judgment entered on review under section seventy-six. The district attorney or prosecuting officer obtaining any such judgment which is not satisfied in full as aforesaid shall, forthwith upon the expiration of such period of thirty days, notify in writing the chief justice of such court. All professional bondsmen shall be governed by rules which shall be established from time to time by the superior court. Any unregistered person receiving hire or reward for his services as bail or surety in any criminal case, and any unregistered person becoming bail or surety in any criminal case after having become bail or surety in criminal cases on more than three separate occasions in any twelve months' period, and any person herein defined as a professional bondsman violating any provision of the rules established hereunder for such bonds- men, shall be punished by a fine of not more than one thou- sand dollars or by imprisonment for not more than one year, or both. The provisions of this section shall not apply to surety companies or to probation officers.
Approved February 8, 1929.
Dukes county may issue temporary notes for certain pur- pose, etc.
Chap. 31 An Act to enable the county of dukes county to
PAY PROMPTLY ITS CONTRIBUTIONS TO THE COST OF A CERTAIN HIGHWAY IN THE TOWNS OF WEST TISBURY AND CHILMARK.
Be it ejiacied, etc., as follows:
Section 1. For the purpose of paying promptly the contributions of Dukes county to the cost of construction of a certain highway in the towns of West Tisbury and Chil- mark, the county treasurer of said county, with the approval of the commissioners, may issue temporary notes of the county payable in not more than one year from their dates, in anticipation of the issue of serial bonds or notes author- ized by chapter one hundred and thirty-four of the acts of nineteen hundred and twenty-eight, but the time within which such serial bonds or notes shall become due and pay- able shall not, by reason of such temporary notes, be ex- tended beyond the time fixed by said chapter. All notes issued in anticipation of the issue of said serial bonds or notes shall be paid from the proceeds thereof.
Section 2. This act shall take effect upon its passage.
Approved February 12, 1929.
Acts, 1929. — Chap. 32.
29
Chaj). 32
An Act establishing the basis of apportionment of
STATE and county TAXES.
Whereas, The deferred operation of this act would cause Emergency great inconvenience in the collection of state and county p'"^^™'^'^. taxes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
The number of polls, the amount of property and the Basis of proportion of every thousand dollars of state tax, including of st°ateTnd^"' polls at one tenth of a mill each, for each city and town in °°y'?V'^^^®® the several counties of the commonwealth, as contained in the following schedule, are hereby established, and shall con- stitute a basis of apportionment for state and county taxes until another is made and enacted by the general court, to wit: —
Polls, Property and Apportionment of State and County Tax of $1,000.
BARNSTABLE COUNTY.
|
Tax of Sl.OOn, |
||||||
|
Cities and Towns. |
Polls. |
Property. |
including Polls at one tenth of a mill each. |
|||
|
Barnstable |
2,034 |
$23,467,337 |
$2 81 |
|||
|
Bourne . |
1,080 |
9,922,961 |
1 21 |
|||
|
Brewster |
203 |
2,050,772 |
25 |
|||
|
Chatham |
623 |
5,575,276 |
68 |
|||
|
Dennis . |
618 |
3,522,044 |
45 |
|||
|
Eastham |
181 |
1,259,214 |
16 |
|||
|
Falmouth |
1,684 |
22,310,617 |
2 64 |
|||
|
Harwich |
691 |
5,568,226 |
69 |
|||
|
Mashpee |
106 |
1,034,162 |
13 |
|||
|
Orleans . |
408 |
3,972,431 |
48 |
|||
|
Provincetown |
990 |
4,997,797 |
65 |
|||
|
Sandwich |
504 |
2,819,718 |
36 |
|||
|
Truro . |
155 |
1,142,733 |
14 |
|||
|
Wellfleet |
265 |
1,586,448 |
20 |
|||
|
Yarmouth |
546 |
4,796,650 |
59 |
|||
|
Totals |
10,088 |
§94,026,386 |
$11 44 |
BERKSHIRE COUNTY.
|
Adams .... |
3,427 |
$15,484,288 |
$2 06 |
|
Alford .... |
75 |
394,098 |
05 |
|
Becket .... |
263 |
885,669 |
12 |
|
Cheshire |
493 |
1,880,269 |
26 |
|
Clarksburg |
369 |
1,183,468 |
17 |
|
Dalton .... |
1,181 |
7,756,178 |
98 |
30
Acts, 1929. — Chap. 32.
Basis of apportionment of state and county taxes established.
|
BERKSHIRE COUNTY |
— Concluded. |
||||
|
Tax of $1,000, |
|||||
|
Cities and Towns. |
Polls. |
Property. |
including Polls at one tenth of a mill each. |
||
|
Egremont |
157 |
$1,029,770 |
$0 13 |
||
|
Florida . |
119 |
1,715,620 |
20 |
||
|
Great Barrington |
1,899 |
12,966,124 |
1 63 |
||
|
Hancock |
159 |
631,567 |
09 |
||
|
Hinsdale |
355 |
1,135,319 |
16 |
||
|
Lanesborough |
336 |
1,459,556 |
20 |
||
|
Lee |
1,229 |
6,495,708 |
84 |
||
|
Lenox |
849 |
7,145,945 |
88 |
||
|
Monterey |
106 |
978,325 |
12 |
||
|
Mount Washington |
21 |
230,734 |
03 |
||
|
New Ashford . |
25 |
150,438 |
02 |
||
|
New Marlborough |
297 |
1,744,620 |
22 |
||
|
North Adams . |
6,449 |
33,355,200 |
4 35 |
||
|
Otis |
154 |
586,448 |
08 |
||
|
Peru |
48 |
408,930 |
05 |
||
|
Pittsfield |
13,777 |
72,984,442 |
9 48 |
||
|
Richmond |
184 |
865,613 |
11 |
||
|
Sandisfield |
150 |
776,151 |
10 |
||
|
Savoy |
119 |
332,055 |
05 |
||
|
Sheffield |
509 |
1,648,977 |
23 |
||
|
Stockbridge |
589 |
5,747,141 |
70 |
||
|
Tyringham |
87 |
559,691 |
07 |
||
|
Washington . |
63 |
194,811 |
03 |
||
|
West Stockbridge |
362 |
1,406,882 |
19 |
||
|
Williamstown . |
1,307 |
7,876,605 |
1 00 |
||
|
Windsor |
114 |
514,899 |
07 |
||
|
Totals |
35,272 |
$190,525,541 |
$24 67 |
BRISTOL COUNTY.
|
Acushnet |
1,077 |
$4,388,375 |
$0 59 |
|
|
Attleboro |
6,409 |
28,946,684 |
3 85 |
|
|
Berkley . |
321 |
964,545 |
14 |
|
|
Dartmouth |
2,607 |
12,853,921 |
1 69 |
|
|
Dighton |
865 |
5,322,637 |
68 |
|
|
Easton . |
1,657 |
6,917,930 |
93 |
|
|
Fairhaven |
3,127 |
13,585,674 |
1 82 |
|
|
Fall River |
34,370 |
163,328,392 |
21 56 |
|
|
Freetown |
527 |
2,217,412 |
30 |
|
|
Mansfield |
2,007 |
9,015,803 |
1 20 |
|
|
New Bedford . |
35,255 |
201,174,032 |
25 85 |
|
|
North Attleborough |
3,008 |
11,849,139 |
1 62 |
|
|
Norton . |
782 |
2,879,433 |
40 |
|
|
Ravnham |
587 |
2,135,293 |
30 |
|
|
Rehoboth |
713 |
2,336,971 |
33 |
|
|
Seekonk |
1,193 |
4,806,624 |
65 |
|
|
Somerset |
1,424 |
13,210,795 |
1 61 |
|
|
Swansea |
1,102 |
4,721,956 |
63 |
|
|
Taunton |
10,908 |
45,634,820 |
6 16 |
|
|
Westport |
1,252 |
6,764,836 |
88 |
|
|
Totals |
109,191 |
$543,055,272 |
$71 19 |
Acts, 1929. — Chap. 32.
31
COUNTY OF DUKES COUNTY
|
Tax of $1,000, |
||||||
|
Cities and Towns. |
Polls. |
T, i including Polls Property. at one tenth |
||||
|
of a mill each. |
||||||
|
Chilmark |
85 |
1660,053 |
$0 08 |
|||
|
Edgartown |
399 |
5,040,861 |
60 |
|||
|
Gay Head |
55 |
124,885 |
02 |
|||
|
Gosnold |
62 |
1,408,574 |
16 |
|||
|
Oak Bluffs |
437 |
5,045,995 |
60 |
|||
|
Tisbury . |
425 |
6,126,477 |
72 |
|||
|
West Tisbury |
95 |
950,460 |
11 |
|||
|
Totals |
1,558 |
$19,357,305 |
$2 29 |
Basis of apportionment of state and county taxes established.
ESSEX COUNTY.
|
Amesbury |
3,673 |
$14,304,198 |
$1 95 |
||
|
Andover |
2,871 |
23,721,861 |
2 92 |
||
|
Beverly . |
7,607 |
50,706,949 |
6 39 |
||
|
Boxford . |
219 |
1,364,483 |
17 |
||
|
Danvers |
3,237 |
13,784,078 |
1 85 |
||
|
Essex |
506 |
1,654,738 |
23 |
||
|
Georgetown |
589 |
2,046,335 |
29 |
||
|
Gloucester |
7,359 |
40,398,928 |
5 22 |
||
|
Groveland |
727 |
2,112,925 |
31 |
||
|
Hamilton |
647 |
5,962,264 |
73 |
||
|
Haverhill |
15,084 |
70,463,705 |
9 33 |
||
|
Ipswich . |
1,890 |
8,409,531 |
1 12 |
||
|
Lawrence |
22,804 |
148,467,176 |
18 76 |
||
|
Lynn |
31,882 |
146,426,464 |
19 44 |
||
|
Lynnfield |
466 |
3,400,232 |
42 |
||
|
Manchester |
804 |
13,996,068 |
1 63 |
||
|
Marblehead |
2,726 |
20,296,975 |
2 53 |
||
|
Merrimac |
776 |
2,510,082 |
36 |
||
|
Methuen |
5,747 |
24,417,746 |
3 28 |
||
|
Middleton |
356 |
1,773,851 |
23 |
||
|
Nahant . |
594 |
5,297,348 |
65 |
||
|
Newbury |
505 |
2,533,197 |
33 |
||
|
Newburyport |
4,764 |
14,880,597 |
2 13 |
||
|
North Andove |
r |
1,954 |
10,784,871 |
1 39 |
|
|
Peabody |
6,165 |
27,697,801 |
3 69 |
||
|
Rockport |
1,241 |
6,012,703 |
79 |
||
|
Rowley . |
461 |
1,713,911 |
24 |
||
|
Salem |
11,939 |
62,064,334 |
8 08 |
||
|
Salisbury |
733 |
3,886,658 |
50 |
||
|
Saugus . |
4,097 |
14,282,384 |
1 99 |
||
|
Swampscott |
3,040 |
27,296,133 |
3 33 |
||
|
Topsfield |
361 |
3,144,136 |
39 |
||
|
Wenham |
368 |
3,770,626 |
46 |
||
|
West Newbury |
408 |
1,294,283 |
18 |
||
|
Totals |
146,600 |
$780,877,571 |
$101 31 |
32
Acts, 1929. — Chap. 32.
FRANKLIN COUNTY
Basis of apportionment of state and county taxes established.
|
Tax of $1,000, |
|||||
|
Cities and Towns. |
Polls. |
Property. |
including Polls at one tenth of a mill each. |
||
|
Ashfield .... |
290 |
$1,496,842 |
$0 20 |
||
|
Bernardston |
252 |
1,020,490 |
14 |
||
|
Buckland |
490 |
3,466,090 |
43 |
||
|
Charlemont |
286 |
1,322,292 |
18 |
||
|
Colrain . |
465 |
1,913,431 |
26 |
||
|
Conway |
279 |
1,012,413 |
14 |
||
|
Deerfield |
803 |
5,554,770 |
70 |
||
|
Erving . |
391 |
3,236,869 |
40 |
||
|
Gill |
284 |
1,006,862 |
14 |
||
|
Greenfield |
4,784 |
32,283,422 |
4 06 |
||
|
Hawley . |
91 |
272,516 |
04 |
||
|
Heath . |
99 |
502,075 |
07 |
||
|
Leverett |
197 |
609,139 |
09 |
||
|
Leyden . |
74 |
362,350 |
05 |
||
|
Monroe . |
94 |
1,568,633 |
18 |
||
|
Montague |
2,209 |
15,751,775 |
1 97 |
||
|
New Salem |
168 |
663,932 |
09 |
||
|
Northfield |
517 |
2,764,174 |
36 |
||
|
Orange . |
1,779 |
6,622,058 |
91 |
||
|
Rowe |
91 |
1,004,546 |
12 |
||
|
Shelburne |
532 |
3,305,115 |
42 |
||
|
Shutesbury |
61 |
473,526 |
06 |
||
|
Sunderland |
291 |
1,619,560 |
21 |
||
|
Warwick |
110 |
578,793 |
08 |
||
|
Wendell |
112 |
1,195,650 |
14 |
||
|
Whately |
293 |
1,591,435 |
21 |
||
|
Totals |
15,042 |
$91,198,758 |
$11 65 |
HAMPDEN COUNTY.
|
Agawam |
1,917 |
$9,725,192 |
$1 27 |
|
|
Blandford |
165 |
1,208,490 |
15 |
|
|
Brimfield |
251 |
1,556,910 |
20 |
|
|
Chester . |
473 |
1,703,239 |
24 |
|
|
Chicopee |
11,342 |
61,536,646 |
7 96 |
|
|
East Longmeadow |
918 |
3,864,516 |
52 |
|
|
Granville |
220 |
819,823 |
11 |
|
|
Hampden |
228 |
679,048 |
10 |
|
|
Holland . |
43 |
257,817 |
03 |
|
|
Holyoke |
16,527 |
130,375,708 |
16 12 |
|
|
Longmeadow . |
1,138 |
11,171,449 |
1 35 |
|
|
Ludlow . |
2,064 |
11,425,442 |
1 47 |
|
|
Monson . |
1,169 |
4,206,353 |
58 |
|
|
Montgomery . |
57 |
284,570 |
04 |
|
|
Palmer . |
2,728 |
13,313,360 |
1 75 |
|
|
Russell . |
389 |
5,298,001 |
63 |
|
|
Southwick |
416 |
2,059,311 |
27 |
|
|
Springfield |
43,048 |
337,864,716 |
41 80 |
|
|
Tolland . |
47 |
397,693 |
05 |
|
|
Wales . |
126 |
521,998 |
07 |
Acts, 1929. — Chap. 32.
33
HAMPDEN COUNTY — Concluded.
Cities and Towns.
Polls.
Property.
West Springfield
Westfield
Wilbraham
Totals
4,751
5,579
713
94,309
$32,362,950
25,330,478
3,863,081
Basis of
T. c <n nnn apportionment
TaxofSUOO of state and
including Polls county ta.xes
at one tenth established, of a mill each.
$659,826,791
$4 07
3 37
50
$82 65
HAMPSHIRE COUNTY.
|
Amherst |
1,738 |
$12,367,358 |
$1 55 |
|||
|
Belchertown |
627 |
2,038,679 |
29 |
|||
|
Chesterfield |
155 |
605,446 |
08 |
|||
|
Cummington |
170 |
606,990 |
08 |
|||
|
Easthampton |
2,995 |
16,609,455 |
2 14 |
|||
|
Enfield . |
208 |
748,986 |
10 |
|||
|
Goshen . |
72 |
460,604 |
06 |
|||
|
Granby . |
272 |
1,218,154 |
16 |
|||
|
Greenwich |
97 |
573,855 |
07 |
|||
|
Hadley . |
669 |
3,510,672 |
46 |
|||
|
Hatfield |
673 |
3,456,228 |
45 |
|||
|
Huntington |
419 |
1,580,261 |
22 |
|||
|
Middlefield |
76 |
376,970 |
05 |
|||
|
Northampton Pelham . |
6,023 160 |
34,514,926 819,914 |
4 43 11 |
|||
|
Plainfield |
90 |
457,611 |
06 |
|||
|
Prescott |
45 |
176,816 |
02 |
|||
|
South Hadley |
1,938 |
11,238,731 |
1 44 |
|||
|
Southampton |
260 |
978,628 |
13 |
|||
|
Ware |
2,178 |
8,537,227 |
1 17 |
|||
|
Westhampton |
119 |
426,959 |
06 |
|||
|
Wilhamsburg |
558 |
1,905,347 |
27 |
|||
|
Worthington |
146 |
708,424 |
09 |
|||
|
Totals |
19,688 |
$103,918,241 |
$13 49 |
MIDDLESEX COUNTY.
|
Acton .... |
808 |
$3,814,865 |
$0 50 |
||
|
Arhngton |
10,000 |
59,012,938 |
7 55 |
||
|
Ashby . |
273 |
1,168,604 |
16 |
||
|
Ashland |
749 |
2,893,520 |
40 |
||
|
Ayer |
931 |
4,107,347 |
55 |
||
|
Bedford . |
499 |
2,913,327 |
37 |
||
|
Belmont |
5,731 |
37,341,787 |
4 72 |
||
|
Billerica |
1,573 |
11,592,182 |
1 44 |
||
|
Boxborough |
114 |
387,046 |
05 |
||
|
Burlington |
499 |
2,468,517 |
32 |
||
|
Cambridge |
84,512 |
206,194,438 |
26 33 |
34
Acts, 1929. — Chap. 32.
MIDDLESEX COUNTY —Concluded.
Basis of apportionment of state and county taxes established.
|
Tax of $1,000, |
|||||
|
Cities and Towns. |
Polls. |
Property. |
including Polls at one tenth of a mill each. |
||
|
Carlisle .... |
184 |
$911,918 |
$0 12 |
||
|
Chelmsford |
2,031 |
9,981,876 |
1 31 |
||
|
Concord |
1,960 |
9,686,586 |
1 27 |
||
|
Dracut . |
1,691 |
5,624,763 |
79 |
||
|
Dunstable |
121 |
533,599 |
07 |
||
|
Everett . |
13,510 |
75,489,874 |
9 73 |
||
|
Framinghani |
6,499 |
38,728,100 |
4 95 |
||
|
Groton . |
736 |
5,002,440 |
63 |
||
|
Holliston |
861 |
3,944,614 |
52 |
||
|
Hopkinton |
792 |
3,043,276 |
42 |
||
|
Hudson . |
2,558 |
8,963,073 |
1 25 |
||
|
Lexington |
2,576 |
19,975,906 |
2 47 |
||
|
Lincoln . |
495 |
2,963,768 |
38 |
||
|
Littleton |
484 |
2,785,298 |
36 |
||
|
Lowell . |
27,979 |
143,080,132 |
18 68 |
||
|
Maiden . |
16,658 |
73,926,887 |
9 87 |
||
|
Marlborough |
4,705 |
19,625,907 |
2 65 |
||
|
Maynard |
2,321 |
8,270,961 |
1 15 |
||
|
Medford |
16,447 |
77,329,390 |
10 23 |
||
|
Melrose . |
6,591 |
37,287,609 |
4 80 |
||
|
Natick . |
4,228 |
17,559,796 |
2 37 |
||
|
Newton . |
17,213 |
160,555,304 |
19 54 |
||
|
North Reading |
518 |
2,390,411 |
32 |
||
|
Pepperell |
923 |
3,752,259 |
51 |
||
|
Reading |
2,772 |
16,617,331 |
2 12 |
||
|
Sherborn |
312 |
1,838,609 |
24 |
||
|
Shirley . |
647 |
2,502,413 |
34 |
||
|
Somerville |
30,955 |
127,799,943 |
17 28 |
||
|
Stoneham |
2,859 |
13,600,617 |
1 80 |
||
|
Stow |
379 |
1,824,333 |
24 |
||
|
Sudbury |
388 |
3,059,278 |
38 |
||
|
Tewksbury |
757 |
3,783,788 |
50 |
||
|
Townsend |
600 |
2,555,085 |
34 |
||
|
Tyngsborough |
318 |
1,234,653 |
17 |
||
|
Wakefield |
4,849 |
24,703,006 |
3 23 |
||
|
Waltham |
10,696 |
61,134,536 |
7 85 |
||
|
Watertown |
9,754 |
58,127,777 |
7 43 |
||
|
Wayland |
831 |
5,710,565 |
72 |
||
|
Westford |
1,005 |
5,223,666 |
68 |
||
|
Weston . |
1,150 |
9,143,341 |
1 13 |
||
|
Wilmington |
1,075 |
4,085,053 |
56 |
||
|
Winchester |
3,437 |
32,013,468 |
3 90 |
||
|
Wobum |
5,605 |
22,679,665 |
3 08 |
||
|
Totals . |
266,159 |
$1,460,945,445 |
$188 77 |
NANTUCKET COUNTY.
|
Nantucket |
1,080 |
$11,666,982 |
$1 40 |
|
Totals . |
1,0S0 |
$11,666,982 |
$1 40 |
Acts, 1929. — Chap. 32.
35
NORFOLK COUNTY.
|
Tax of 51,000, |
|||||
|
Cities and Towns. |
Polls. |
Property. |
including Polls at one tenth of a mill each. |
||
|
Avon .... |
727 |
$2,392,046 |
$0 34 |
||
|
Bellingham |
828 |
3,038,522 |
42 |
||
|
Braintree |
4,133 |
25,347,017 |
3 23 |
||
|
Brookline |
12,530 |
173,055,685 |
20 46 |
||
|
Canton . |
1,795 |
10,746,130 |
1 37 |
||
|
Cohasset |
989 |
10,951,188 |
1 31 |
||
|
Dedham |
3,901 |
26,543,480 |
3 34 |
||
|
Dover |
336 |
4,108,978 |
49 |
||
|
Foxborough |
1,331 |
6,435,698 |
85 |
||
|
Franklin |
2,184 |
10,415,705 |
1 37 |
||
|
Holbrook |
975 |
4,177,941 |
56 |
||
|
Medfield |
736 |
3,357,896 |
45 |
||
|
Medway |
895 |
3,664,681 |
50 |
||
|
MUlis . |
563 |
3,536,714 |
45 |
||
|
Milton . |
4,367 |
39,890,118 |
4 86 |
||
|
Needham |
2,912 |
21,836,033 |
2 71 |
||
|
Norfolk . |
350 |
1,904,380 |
25 |
||
|
Norwood |
4,569 |
30,235,448 |
3 81 |
||
|
Plainville |
462 |
1,859,175 |
25 |
||
|
Quincy . |
20,330 |
140,099,818 |
17 58 |
||
|
Randolph |
1,787 |
6,167,366 |
86 |
||
|
Sharon . |
954 |
6,694.652 |
84 |
||
|
Stoughton |
2,358 |
10,652,016 |
1 42 |
||
|
Walpole |
2,054 |
16,733,317 |
2 06 |
||
|
Wellesley |
2,503 |
34,538,663 |
4 08 |
||
|
Westwood |
615 |
4,591,438 |
57 |
||
|
Weymouth |
5,883 |
46,430,115 |
5 74 |
||
|
Wrentham |
590 |
3,728,608 |
47 |
||
|
Totals |
81,657 |
$653,132,828 |
$80 64 |
Basis of apportionment of state and county taxes established.
PLYMOUTH COUNTY.
|
Abington |
1,844 |
$7,378,490 |
$1 00 |
|
|
Bridgewater . |
1,983 |
7,967,562 |
1 08 |
|
|
Brockton |
19,911 |
85,417,652 |
11 47 |
|
|
Carver |
438 |
3,192,422 |
40 |
|
|
Duxbury |
596 |
7,085,239 |
85 |
|
|
East Bridgewater |
1,110 |
6,206,316 |
80 |
|
|
Halifax . |
206 |
1,590,943 |
20 |
|
|
Hanover |
902 |
3,819,976 |
51 |
|
|
Hanson . |
716 |
2,878,676 |
39 |
|
|
Hingham |
1,8^ |
15,263,143 |
1 88 |
|
|
HuU |
821 |
18,377,692 |
2 12 |
|
|
Kingston |
853 |
4,564,860 |
59 |
|
|
Lakeville |
426 |
1,688,927 |
23 |
|
|
Marion . |
503 |
5,116,090 |
62 |
|
|
Marshfield |
610 |
6,809,940 |
82 |
|
|
Mattapoisett . |
518 |
3,909,532 |
49 |
|
|
Middleborough |
2,665 |
10,108,376 |
1 39 |
|
|
Norwell . |
496 |
2,152,561 |
29 |
|
|
Pembroke |
488 |
2,969,650 |
38 |
|
|
Plymouth |
4,059 |
32,292,001 |
3 99 |
|
|
Plymptoii |
155 |
779,787 |
10 |
36
Acts, 1929. — (hap. 152.
Basis of apportionment of state and county taxes established.
PLYMOUTH COUNTY— Concluded.
Cities and Towns.
Rochester
Rockland
Scituate
Wareham
West Bridgewater
Whitman
Totals
Polls.
Property.
Tax of 81,000, including Polls
at one tenth ' of a mill each.
361 2,411 1,118 1,830
960 2.417
50,235
$1,579,217 10,047,594 13,260,270 13,472,409 3,315,327 9,560,858
$280,805,510
m 21
1 36 1 58 1 68 46 1 30
$36 19
SUFFOLK COUNTY.
Boston . Chelsea . Revere . Winthrop
Totals
238,116
13,335
9,392
4,973
265,816
2,123,538,723 66,464,677 42,907,105 26,449,010
$2,259,359,515
$259 47 8 71 5 70 3 43
$277 31
WORCESTER COUNTY.
|
Ashburnham |
682 |
$2,019,123 |
$0 29 |
||
|
Athol . |
; 3,071 |
12,810,273 |
1 73 |
||
|
Auburn . |
1,710 |
6,329,197 |
87 |
||
|
Barre |
982 |
4,679,391 |
62 |
||
|
Berlin |
322 |
1,069,361 |
15 |
||
|
Blackstone |
1,164 |
3,190,179 |
47 |
||
|
Bolton . |
243 |
1,332,384 |
17 |
||
|
Boylston |
309 |
875,047 |
13 |
||
|
Brookfield |
385 |
1,707,466 |
23 |
||
|
Charlton |
593 |
2,290,118 |
31 |
||
|
Clinton . |
3,837 |
18,814,654 |
2 47 |
||
|
Dana |
191 |
813,004 |
11 |
||
|
Douglas |
630 |
2,216,255 |
31 |
||
|
Dudley . |
1,159 |
5,237,334 |
70 |
||
|
East Brookfieh |
i |
311 |
1,230,752 |
17 |
|
|
Fitchburg |
12,299 |
64,928,457 |
8 44 |
||
|
Gardner |
5,559 |
29,417,975 |
3 82 |
||
|
Grafton . |
1,677 |
5,520,280 |
78 |
||
|
Hardwick |
808 |
3,706,077 |
49 |
||
|
Harvard |
311 |
2,800,494 |
34 |
||
|
Holden . |
JUr,078 "^ 956 |
3,875,695 |
54 |
||
|
Hopedale |
6,424,923 |
81 |
|||
|
Hubbardston |
335 |
998,616 |
14 |
||
|
Lancaster |
700 |
3,521,139 |
46 |
||
|
Leicester |
1,210 |
4,644,888 |
64 |
||
|
Leominster |
6,201 |
29,961,325 |
3 95 |
||
|
Lunenburg |
550 |
2,546,980 |
34 |
||
|
Mendon |
353 |
1,370,278 |
19 |
||
|
Milford . |
4,299 |
16,383,807 |
2 25 |
||
|
Millbury |
1,950 |
6,329,078 |
90 |
||
|
Millville |
584 |
2,034,003 |
28 |
||
|
New Braintree |
115 |
656,296 |
08 |
||
|
North Brookfield |
803 |
3,344,677 |
45 |
Acts, 1929. — Chap. 32.
37
|
WORCESTER COUNTY |
— Concluded. |
|||||
|
Tax of $1,000, |
||||||
|
Cities and Towns. |
Polls. |
Property. |
including Polls at one tenth of a mill each. |
|||
|
Northborougli |
573 |
$2,285,370 |
$0 31 |
|||
|
Northbridge . |
3,094 |
12,894,510 |
1 74 |
|||
|
Oakham |
176 |
564,667 |
08 |
|||
|
Oxford . |
1,246 |
3,961,204 |
56 |
|||
|
Paxton . |
192 |
1,061,104 |
14 |
|||
|
Petersham |
207 |
2,038,632 |
25 |
|||
|
PhilHpston |
113 |
482,870 |
06 |
|||
|
Princeton |
233 |
1,599,754 |
20 |
|||
|
Royalston |
209 |
1,332,621 |
17 |
|||
|
Rutland |
516 |
1,559,509 |
22 |
|||
|
Shrewsbury |
1,749 |
8,381,524 |
1 11 |
|||
|
Southborough |
668 |
3,989,581 |
51 |
|||
|
Southbridge |
4,229 |
15,851,447 |
2 18 |
|||
|
Spencer . |
1,969 |
4,869,225 |
74 |
|||
|
SterHng . |
469 |
2,057,123 |
28 |
|||
|
Sturbridge |
532 |
1,330,138 |
20 |
|||
|
Sutton . |
616 |
2,027,657 |
29 |
|||
|
Templeton |
1,065 |
3,924,525 |
54 |
|||
|
Upton . |
628 |
1,607,430 |
24 |
|||
|
Uxbridge |
1,746 |
9,051,244 |
1 18 |
|||
|
Warren . |
1,158 |
4,812,310 |
65 |
|||
|
Webster |
1,617 |
15,863,491 |
1 92 |
|||
|
West Boylston |
562 |
1,965,664 |
27 |
|||
|
West Brookfield |
406 |
1,741,926 |
23 |
|||
|
Westborough . |
1,287 |
4,735,926 |
65 |
|||
|
Westminster . |
426 |
1,586,481 |
22 |
|||
|
Winchendon . |
1,955 |
7,169,819 |
99 |
|||
|
Worcester |
57,121 |
376,004,610 |
47 44 |
|||
|
Totals |
140,139 |
$747,829,888 |
$97 00 |
Basis of apportionment of state and county taxes established.
RECAPITULATION.
|
Tax of $1,000, |
||||||
|
Counties. |
Polls. |
Property. |
including Polls at one tenth of a mill each. |
|||
|
Barnstable |
10,088 |
$94,026,386 |
$11 44 |
|||
|
Berkshire |
35,272 |
190,525,541 |
24 67 |
|||
|
Bristol . |
109,191 |
543,055,272 |
71 19 |
|||
|
Dukes . |
1,558 |
19,357,305 |
2 29 |
|||
|
Essex |
146,600 |
780,877,571 |
101 31 |
|||
|
Franklin |
15,042 |
91,198,758 |
11 65 |
|||
|
Hampden |
94,309 |
659,826,791 |
82 65 |
|||
|
Hampshire |
19,688 |
103,918,241 |
13 49 |
|||
|
Middlesex |
266,159 |
1,460,945,445 |
188 77 |
|||
|
Nantucket |
1,080 |
11,666,982 |
1 40 |
|||
|
Norfolk . |
81,657 |
653,132,828 |
80 64 |
|||
|
Plymouth |
50,235 |
280,805,510 |
36 19 |
|||
|
Suffolk . |
265,816 |
2,259,359,515 |
277 31 |
|||
|
Worcester |
140,139 |
747,829,888 |
97 00 |
|||
|
Totals |
1,236,834 |
$7,896,526,033 |
$1,000 00 |
Recapitulation.
Approved February 12, 1929.
38
Acts, 1929. - (Jhaps. 33, 34.
Chap. 33 An Act relative to town landings and other common
PROPERTY IN THE CITY OF GLOUCESTER AND TOWN OF ROCKPORT.
Be it enacted, etc., as follows:
Section 1. So much of the town landings and water privileges, including clam flats, and all other real and personal estate, which are common to the inhabitants of the city of Gloucester and of the town of Rockport by reason of the provisions of sections three and four of chapter eight of the acts of eighteen hundred and forty, as is situated within the limits of the said city or town shall after the effective date hereof be owned exclusively by the municipality wherein situated.
Section 2. Chapter three hundred and forty-seven of the acts of eighteen hundred and eighty-six, and all other acts or parts of acts inconsistent with the provisions of the preceding section, are hereby repealed.
Section 3. This act shall take effect upon its accept- ance by vote of the municipal council of the city of Gloucester and also by vote of a majority of the registered voters of the town of Rockport present and voting thereon at any town meeting. If it is so submitted to the voters of said town at an annual town meeting, the following question shall be placed upon the oflacial ballot to be used for the election of town officers at said meeting: "Shall an act passed by the general court in the year nineteen hundred and twenty-nine, entitled 'An Act relative to town landings and other common property in the city of Gloucester and town of Rockport', be accepted?"
Approved February 12, 1929.
Town landings and other common prop- erty in city of Gloucester and town of Rock- port to be owned exclu- sively by municipality wherein situ- ated.
Certain inconsistent provisions repealed.
Submission to municipal council of city of Gloucester and to voters of town of Rockport, etc.
G. L. 175, § 80, etc., amended.
Chap. 34 An Act relative to the classification of risks of
mutual insurance COMPANIES OTHER THAN LIFE.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and seventy-five of the General Laws, as amended in section eighty by chapter one hundred and sixty of the acts of nineteen hundred and twenty-one and by chapter one hundred and fifteen of the acts of nineteen hundred and twenty-sLx, is hereby further amended by striking out the first paragraph of said section and inserting in place thereof the following: — Section 80. From time to time the directors of a mutual fire company may by vote fix and determine the percentages of dividend or expiration return of premium to be paid on expiring or cancelled policies which may, in their discretion, and with the written approval of the commissioner, and upon such conditions, if any, as he may prescribe, be different for policies insuring for the same term against the different kinds of risks mentioned in the several provisions of the clause or clauses of section forty-seven under which such a company
Mutual fire insurance com- panies, classi- fication of kinds of business writ- ten for purpose of apportioning dividends, etc.
Acts, 1929. — Chap. 34. 39
may (,ran>s;ici. business; and the percentage aforesaid for fire policies insuring farm risks, fireproof risks, including risks equipped with automatic sprinkler and fire alarm systems, or manufacturing or storage risks may in like manner be different from that for policies insuring other risks against fire for the same term. Policies insuring risks in this commonwealth in the same classification shall have an equal rate of dividend or return of premium. If an assessment is levied under section eighty-three the rate thereof may be different for policies insuring risks in any classification from that for policies insuring other classi- fications of risks for the same term; but policies insuring risks in the same classification shall have the same rate of assessment, and all funds of the company, actual and con- tingent, shall be available for the payment of any claim against it. Every policy placed in any classification made under this section shall, when issued, bear an endorsement, satisfactory to the commissioner, to the effect that it is so classified.
Section 2. Section one hundred and thirteen B of said PjigB^e^V chapter one hundred and seventy-five, as inserted by section amend'od. ' four of chapter three hundred and forty-six of the acts of nineteen hundred and twenty-five and as amended by chap- ter one hundred and eighty-two of the acts of nineteen hun- dred and twenty-seven and by section sLx of chapter three hundred and eightj^-one of the acts of nineteen hundred and twenty-eight, is hereby further amended by adding at the end thereof the following new paragraph : —
Every mutual company issuing or executing motor vehicle classification liability policies or bonds, both as defined in said section c(fm™ani'e*s'of thirty-four A, shall constitute such policies or bonds as a {|!fh(J-'t^®'^'''^® separate class of business for the purpose of paying dividends, policies, etc., Any dividends on such policies or bonds shall be declared p°aVmg ditl-°^ on the profits of the company from said class of business. dends, etc.
Section 3. Section ninety of said chapter one hundred ^' ^' ^^^;j j h** and seventy-five, as amended by section four of chapter one hundred and fifty-four and by section sLx of chapter two hundred and sixty-seven, both of the acts of nineteen hun- dred and twenty-five, and by section eleven of chapter two hundred and eighty-four of the acts of nineteen hundred and twenty-seven, is hereby further amended by striking out, in the tenth line, the word "and" and inserting in place thereof a comma, and by inserting after the words "ninety- three D" in the same line the words: — and one hundred and thirteen B, — so that the first paragraph will read as follows: — Section 90. Mutual companies, other than life, Certain mutual
e 1 . , , 1 1 • 1 • 1 companies and
formed to transact or transactmg busmess under any one their officers, or more of clauses three, four, five, six, seven, eight, nine, ta^m^niT^ ten, twelve and thirteen of section forty-seven, or under fire company clause (a), (6), (d) or (e) of section fifty-four, and the officers, ^'^^' directors, agents and members of such companies shall, except as provided in clause (e) of said section fifty-four and in sections ninety A, ninety B, ninety-two, ninety-
40
Acts, 1929. — Chaps. 35, 36.
three, ninety-three A, ninety-three B, ninety-three C, ninety- three D and one hundred and thirteen B, be subject to all the provisions of this chapter relating to mutual fire com- panies and their officers, directors, agents and members, so far as applicable. Approved February 12, 1929.
City of Boston and town of Milton may reimburse Thomas Gordon for money paid by him in satisfaction of a certain execution.
Chap. 35 An Act authorizing the city of boston and the town
OF MILTON TO REIMBURSE THOMAS GORDON FOR MONEY PAID BY HIM IN SATISFACTION OF A CERTAIN EXECUTION.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obligation, the city of Boston and the town of Milton may each pay to Thomas Gordon a sum not exceeding seven hun- dred and forty-six dollars and fifteen cents to reimburse him for money paid for expenses of defense of, and in satis- faction of an execution issued in, an action brought against him, as an individual, in the superior court for the county of Suffolk, to recover damages for a certain act done in the performance of his duties as an employee of the Granite avenue bridge commission, created by the provisions of section ten of chapter seven hundred and seventy-one of the acts of nineteen hundred and thirteen and consisting of the mayor of the city of Boston and the chairman of the select- men of the town of Milton for the time being.
Section 2. This act shall take effect, in so far as it applies to the city of Boston, upon its acceptance during the current year by the city council of said city, subject to the pro- visions of its charter, and, in so far as it applies to the town of Milton, upon its acceptance during the current year by a town meeting. If this act is so accepted by said town, it may make an appropriation for the purposes hereof at the same meeting when accepted.
Section 3. This act, however, for the purpose of sub- mission for acceptance as aforesaid, shall take effect upon its passage. Approved February 12, 1929.
Submission to city council of Boston and to town of Milton at town meeting.
Effective upon passage for purpose of submission.
Chap. 36 An Act relative to the appointment by town boards of their members to hold other town offices or positions.
Emergency preamble.
Whereas, The deferred operation of this act would, in part, defeat its purpose, therefore it is hereby declared to be an emergency law, necessary for the immediate preser- vation of the public convenience.
G. L. 41, new section after §4.
Town board may appoint any member thereof to another town ofBce or position.
Be it enacted, etc., as follows:
Chapter forty-one of the General Laws is hereby amended by inserting after section four the following new section : — Section J^-A. Except as otherwise expressly provided, a town board may, if authorized by vote of the town, appoint any member thereof to another town office or position for the term provided by law, if any, otherwise for a term not
Acts, 1929. — Chaps. 37, 38. 41
exceeding one year. The salary of any such appointee shall fl^^J^' ^°^ be fixed by vote of the town, notwithstanding the provisions of section one hundred and eight. In this section, the word 1^^,°^^^ ^?°* *° "town" shall not include city.
Approved February 12, 1929.
An Act relative to amounts payable under annuity ni,„^ 07
CONTRACTS ISSUED BY SAVINGS AND INSURANCE BANKS. ^ '
Be it enacted, etc., as follows:
Chapter one hundred and seventy-eight of the General g- ^- ,i^|' ^ ^o- Laws is hereby amended by striking out section ten and ^"^^^ inserting in place thereof the following: — Section 10. No Amount of savings and insurance bank shall write any policy or annuity annuity "con- contract binding it to pay more than one thousand dollars, tracts issued exclusive of dividends or profits, upon the death of any one an/fnsuSnce person, except for such amount, if any, as it may be bound ^-'^'^^s- to pay upon the death of such person under an employees' group policy, or under an annuity contract embodying an agreement to refund, upon the death of the holder, to his estate or to a specified payee, a sum not exceeding the premiums paid thereon with compound interest, nor shall it write any annuity contract otherwise binding it to pay in any one year more than two hundred dollars, exclusive of dividends or profits. Approved February 12, 1929.
An Act establishing a town manager form of govern- (Jhav 38
MENT FOR THE TOW^N OF ORANGE.
Be it enacted, etc., as follows:
Section 1. Upon the acceptance of this act, as here- Town of inafter provided, the annual town meeting of the town of of'^anluai^*^ Orange shall be held on the first Monday in February. All estlbiShed."^ matters to be considered at said meeting, other than the adjournment, election of town officers and votes on referenda, shall be ^ °' considered on said day or at an adjournment of said meeting. The election of officers and the votes on referenda shall be held at an adjournment of the annual town meeting to be held on the second Monday in February.
SELECTMEN, ELECTION, TERMS.
Section 2. At a special election which shall be held fieo^fonr"' within thirty days after the acceptance of this act, the voters terms. shall elect by official ballot five selectmen who shall hold office, two until the expiration of three years, two until the expiration of two years and one until the expiration of one year, from the first Monday in February, nineteen hundred and twenty-nine. At each annual meeting thereafter, be- ginning with the year nineteen hundred and thirty, there shall be elected in place of those selectmen whose terms are about to expire an equal number of selectmen, each to serve for three years. The selectmen shall serve until their suc- cessors are elected and qualified and shall receive no salary.
42
AcTis, 1929. — Chap. 38.
Vacancies, how filled.
Regular meetings of the selectmen shall be held twice each month on such days and at such times as may be arranged with the town manager. Special meetings of the selectmen shall be held when called by the town manager or by the chairman or a majority of the selectmen. If, except as the result of a recall election, a vacancy occurs in the member- ship of the selectmen, the remaining members shall call a special town meeting to fill the vacancy or vacancies for the unexpired term or terms, except that if a vacancy or vacancies occur less than three months prior to the annual meeting, and not less than three selectmen remain in office, the vacancy or vacancies shall remain unfilled until such annual meeting. A vacancy resulting from a recall election shall be filled as hereinafter provided in this act.
Selectmen to be lawful successors of certain town officers, etc.
Transfer of rights, etc., not to affect any liability incurred, etc.
Selectmen to act as board of public welfare.
Election, etc., of school committee not affected.
Town clerk and accountant, appointment, etc.
Powers, rights, etc.
To be sworu.
SELECTMEN TO BE LAWFUL SUCCESSORS OF CERTAIN OFFICERS.
Section 3. Upon the election and qualification of the selectmen as provided in section two, all the powers, rights, duties and liabilities conferred or imposed by law upon the offices of board of public welfare, board of health, cemetery commissioners, water commissioners, tree warden and park commissioners shall be transferred to and conferred and imposed upon the selectmen, and the said offices shall be abolished. The aforesaid transfer of rights, powers, duties and liabilities shall not affect any liability incurred, contract made, fine, special assessment, rate, penalty, forfeiture or tax imposed before such transfer, nor any suit or other pro- ceeding pending; and the selectmen elected thereunder shall in all respects and for all purposes whatsoever be the lawful successors of the said officers. Said selectmen shall act as the board of public welfare of the town, with all the powers and subject to all the duties conferred or imposed by law upon the board of public welfare.
Section 4. Nothing in this act shall be construed as affecting the election, powers and duties of the school com- mittee as now provided by law, except as hereinafter pro- vided.
TOWN CLERK AND ACCOUNTANT.
Section 5. The selectmen first elected and qualified as provided in section two shall forthwith appoint a suitably qualified person to the office of town clerk and accountant. The office of town clerk and the office of accountant shall be continued until the person appointed to said office of town clerk and accountant shall have qualified, at which time the office of town clerk and the office of town account- ant shall be abolished. The town clerk and accountant shall enjoy all the powers and rights and be subject to all the duties and liabilities now or hereafter conferred or imposed by law upon town clerks and upon town accountants. He shall hold office during the pleasure of the selectmen, and shall be sworn to the faithful performance of his duties by the chairman of the selectmen or by a justice of the peace.
Acts, 1929. — Chap. 38. 43
In case of death, resignation or removal from office of the vacancy, town clerk and accountant, the selectmen shall forthwith appoint a suitably qualified person to fill the vacancy.
TOWN MANAGER, APPOINTMENT.
Section 6. The selectmen first elected and qualified as Town manager, provided in section two, as soon as is practicable, shall ap- ^pp"'"*"^*""*, point a town manager for a period not exceeding one year who shall be the administrative head of all departments of the town government, the conduct of which is by the general laws and by this act placed upon the selectmen, except as otherwise provided in this act. The town manager shall be subject to the direction and supervision of the selectmen, and shall be a person specially fitted by education, train- ing or experience to perform the duties of his office. He shall be appointed without regard to his political belief and he may or may not be, when appointed, a resident of the town or commonwealth. His approval of vouchers for obligations incurred by any department of which he has supervision shall be sufficient authority, with the approval of the selectmen, to authorize pajonent by the town treas- urer and collector of taxes upon the warrant of the town clerk and accountant. His appointment may be extended from year to year, indefinitely, at the will of the selectmen. He shall be responsible for the efficient administration of all departments within the scope of his duties. Before To be swom, entering upon the duties of his office, the town manager ^**'' shall be sworn to the faithful and impartial performance thereof by the town clerk, and accountant or in his absence, a justice of the peace, and a certificate thereof shall be filed with the town clerk and accountant. He shall execute a Bond. bond in favor of the town for the faithful performance of his duties in such sum and with such surety or sureties as may be fixed or approved by the selectmen and the expense of procuring such bond shall be paid by the town.
POWERS AND DUTIES.
Section 7. The powers and duties of the town manager Powers and
-------'--- ° duties of ■^'•■
manager.
shallinclude the following: °" '^"t^^^ °f *«-''
(a) To organize, continue or discontinue, from time to time, such divisions or departments, not inconsistent with the provisions of this act, as may be determined by vote of the selectmen.
(b) To appoint upon merit and fitness alone, and except as otherwise provided herein, to remove all superintendents or chiefs of the said departments and all subordinate officers and employees therein and to fix the salaries and wages of all subordinates and employees except as otherwise pro- vided. The superintendents or chiefs of departments shall not be removed by the town manager, except after five days' notice in writing, which notice shall state the cause of the removal.
44 Acts, 1929. — Chap. 38.
dTiToftowii (^) l^xcept as otherwise provided herein, to exercise control
manager. of all departments or divisions now established, or that may
hereafter be established, and made subject to his supervision.
(d) To attend all regular meetings of the selectmen when requested by them, and to recommend to the selectmen for adoption such measures requiring action by them or by the town as he may deem necessary or expedient.
(e) To keep full and complete records of his office, and to render as often as may be required by the selectmen a full report of all operations during the period reported on; and annually, or oftener if required by the selectmen, to make a synopsis of all the reports for publication.
(f) To keep the selectmen fully advised as to the needs of the town within the scope of his duties, and to furnish the selectmen on or before the thirty-first day of December of each year a detailed list of the appropriations required during the next ensuing fiscal year for the proper conduct of all departments of the town under his control.
(g) To keep in repair all public buildings except school buildings, which he shall repair only on request in writing of the school committee.
(h) To purchase all supplies for every department of the town, except books for the schools or the pubhc library; but purchases of supplies for departments over which he has no control shall be made only upon requisition therefor by them or their authorized representative.
(i) To have control and supervision of the police depart- ment of the town, subject, however, to the direction of the selectmen. The appointment and removal of the chief or head of the police department shall not be subject to the civil service laws of the commonwealth but shall be made in accordance with the provisions of this act.
(j) To administer the poor relief of the town either directly or through a person or persons appointed by him, and under the supervision of the selectmen as the board of public welfare.
(k) To appoint a health officer, who shall be a registered physician holding the degree of doctor of medicine from a "Class A" medical school, and holding a diploma in pubHc health administration from a recognized medical or technical institution or having an equivalent qualification by training or experience in public health administration. He shall hold office for such term, not exceeding three years, as the selectmen may prescribe and shall receive such fixed com- pensations as they shall determine. The health ofl&cer may also serve as school physician. He shall have charge of the health department and shall exercise all the powers and perform the duties imposed upon health officers in towns by law and by the by-laws of the town. With the approval of the town manager, the health officer shall appoint and fix the salary of his subordinates.
(1) To perform such other duties as may be required of him by the by-laws of the town or by vote of the selectmen.
Acts, 1929. — Chap. 3S. 45
EXAMINATION OF DEPARTMENTS.
Section 8. The town manager may, without notice, Examination cause the affairs of any division or department under his by'lXr™^"'^^ control or the conduct of any officer or employee thereof to m'^nager. be examined. He shall have access to all town books and papers for information necessary for the proper performance of his duties.
TOWN MANAGER MAY BE REMOVED FOR CAUSE.
Section 9. The selectmen, by a majority vote, may re- Removal of move the town manager by filing a written statement with for^aJTse"^^"' the town clerk and accountant setting forth in detail the specific reasons for his removal, a cop3^ of which statement shall be delivered to the town manager. Such removal shall not take effect until after the expiration of five days from the filing of the said statement with the town clerk and account- ant ; but if it is so recited in the statement the town manager shall be suspended from office forthwith. If the town Public hearing manager so requests within said five-day period, a public '^^°" request, hearing shall be given him by the selectmen, and in such event the removal of the town manager shall not take effect until a written decision following the hearing shall have been filed with the town clerk and accountant. Such decision made by a majority of the selectmen shall be final.
vacancy. Section 10. Any vacancy in the office of town manager vacancy in
office of f manager.
shall be filled forthwith by the selectmen. Pending the ""^'''""°""
appointment of a town manager or the filling of a vacancy, the selectmen may appoint a person to perform temporarily the duties of the office who shall be sworn to the faithful performance thereof.
estimate of expenditure.
Section 11. On or before the thirty-first day of De- Town manage: cember of each year, the town manager shall submit to the estimate of selectmen a careful, detailed estimate in writing of the expenditures
. ' CI '1'"^' income.
probable expenditures oi the town government tor the en- suing fiscal year, stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town, and showing specifically the amount necessary to be provided for each fund and depart- ment. He shall also submit at the same time an estimate in writing of the amount of income from all sources of revenue, exclusive of taxes upon property, and of the prob- able amount required to be levied and raised by taxation to defray all expenses and liabilities of the town. For the Boards, officers, purpose of enabling the town manager to make up the fnfo'rmati'on!^'' annual estimate of expenditures, all boards, officers and committees of the town shall, upon his written request,
46
Acts, 1929. — Chap. 38.
furnish all information in their possession and submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective de- partments during the next fiscal year.
Finance com- mission to con- sider articles in warrant.
Annual report of selectmen.
ANNUAL REPORT OF SELECTMEN.
Section 12. All articles in the warrants for the annual and special town meetings requiring the appropriation of money shall be considered by the finance commission, which shall report thereon in writing to the selectmen, with its recommendations. The selectmen shall make a report in writing to the annual town meeting, which shall include the report of the finance commission made as aforesaid and shall be pubhshed as a part of the annual town report, making such recommendations regarding the finances of the town and action thereon as they deem proper.
Investigations relative to certain pay rolls, hills, etc.
Employment of experts, etc.
DUTIES RELATIVE TO CERTAIN PAY ROLLS, BILLS.
Section 13. Whenever any pay roll, bill or other claim against the town is presented to the town manager, town clerk and accountant, town treasurer and collector of taxes, library trustees or school committee, he or they shall, if the same seems to him or them to be of doubtful validity, excessive in amount, or otherwise contrary to the interests of the town, refer it to the selectmen who shall immediately investigate the facts and determine what payment, if any, should be made. Pending such investigation and determina- tion by said selectmen payment shall be withheld.
Section 14. For the purpose of making investigations, the selectmen may employ such experts, counsel and other assistants, and incur such other expenses, not exceeding in any year the sum of five hundred dollars, or such additional sum as may be appropriated for the purpose by the town, as they may deem necessary, and the same shall be paid by the town treasurer and collector of taxes upon requisition by the selectmen.
Treasurer and collector of taxes, ap- pointment, etc.
Assessors, appointment, terms of office, etc.
town treasurer and collector of taxes.
Section 15. A treasurer and collector of taxes shall be appointed by the town manager and shall continue in office subject to his pleasure. The office of town treasurer and the office of town collector of taxes shall be continued until the person appointed to said office of treasurer and collector of taxes shall have qualified, at which time the office of town treasurer and the office of town collector of taxes shall be abolished.
assessors, appointment, terms.
Section 16. The town manager shall forthwith appoint three suitable persons as assessors, who shall hold no elective office in the town of Orange, and who, upon their appoint- ment and qualification, shall organize for the proper conduct
Acts, 1929. — Chap. 38. 47
of their duties. One of said persons shall be appointed for a term of one j^ear, one for a term of two years, and one for a term of three years, and annually thereafter there shall be appointed by the town manager, an assessor for a term of three years, in the place of the assessor whose term is about to expire. The assessors shall serve until their successors are appointed and qualified. If for any reason a vacancy Vacancies. occurs in the membership of the assessors, the vacancy shall be filled forthwith by the town manager, in like manner, for the unexpired term. Upon the appointment and qualifica- tion of the said assessors, the existing elective offices of assessors of the town shall terminate. The assessors ap- Powers, rights, pointed hereunder shall possess all the powers and rights, **"• and be subject to all the duties and liabilities conferred or imposed by law upon assessors of towns. Before entering To be sworn, upon the duties of their office, the assessors shall be sworn to the faithful and impartial performance thereof in com- pliance with the provisions of section twenty-nine of chapter forty-one of the General Laws.
FIRE UEPARTxMENT CHIEF.
Section 17. The town manager shall appoint a chief of *f^^^, the fire department, who shall also act as superintendent of chferip- buildings and wires, and shall receive such salary as the sa"kry™etc.' manager may from time to time determine. He shall be exempt from jury duty and shall hold no other town office except that of forest warden. He may be removed for Removal, cause by the town manager after a hearing. A vacancy in vacancy. the office shall be filled by appointment by the manager.
The chief shall have the powers and duties conferred or Powers and imposed by statute upon fire engineers in towns, and by and " '^^' ®*'^' with the consent of the manager, he shall appoint a deputy chief and may appoint such other officers and firemen as may be deemed necessary and, with the consent of the manager may remove the same at any time for good and sufficient reason, after a hearing.
He shall have full and absolute authority in the adminis- 0"^'^'''^'^°+'*-^' tration of the department, and when, in his opinion, it is for ment, etc. the best interests of the department, he may suspend or transfer any officer or member thereof.
He shall have sole command of ail persons who may be soie command present at fires, shall direct all proper measures for the ^* ^'''^^' ^''^ extinguishment of fire, the protection of fife and property, and the preservation of order and observance of the laws, by- laws and regulations respecting fires. In his absence the Deputy chief. deputy chief shall perform the duties of the chief with full power.
The chief may make such rules and regulations for the Ruif ^nd
•^ ,",.... c 1 regulations tor
prevention of fire, the government and discipline 01 the fire prevention, department, and the preservation of order in time of fire, ^^'^ as he may deem expedient provided that they are not in- consistent with the laws of the commonwealth.
48
Acts, 1929. — CHAr. 38.
Library trustees, appointment, terms, etc.
Vacancy.
LIBRARY TRUSTEES.
Section 18. The selectmen first elected and qualified as provided in section two shall forthwith appoint six library trustees, two of whom shall be appointed for the term of three years, two for the term of two years, and two for the term of one year, from the first day of March in that year and annually thereafter, in February, the selectmen shall appoint in place of those trustees whose terms expire, two trustees to serve for the term of three years from the follow- ing first day of March. A vacancj^ in the board of trustees shall be filled by appointment by the selectmen for the residue of the term.
Planning board,
appointment, terms, etc.
Vacancy. Duties.
Submission to planning board of acts af- fecting town plan, etc.
Annual report to selectmen, etc.
PLANNING BOARD.
Section 19. The selectmen first elected and qualified as provided in section two shall forthwith appoint a planning board consisting of five persons, one of whom shall be ap- pointed for the term of five years, one for the term of four years, one for the term of three years, one for the term of two years and one for the term of one year from the first day of March in that year; and annually thereafter the select- men shall, in February, appoint one member of said board for the term of five years from the following first day of March. A vacancy in the board shall be filled by appoint- ment for the residue of the term.
Section 20. It shall be the duty of the planning board to keep itself informed of the progress of town planning in this and other sections of the country, make studies and recommendations for the improvement of the plan of the town with a view to the present and future movement of traffic, the general convenience, amenity, health, recreation and welfare, and any needs of the town dependent on the town plan; to consider and report upon the designs, and their relation to the town plan, of all new public ways, lands, places, buildings, bridges and other public structures, and of additions to and alterations in those already existing, and of the layout or plotting of new subdivisions of the town.
Section 21. All acts of the selectmen or of any other board or officer of the town government affecting the town plan shall be submitted to the planning board for report and recommendations. The selectmen may at any time call upon the board for report with recommendations. The board of its own volition may also report to the selectmen, or to the annual town meeting, on any matter which in its opinion affects the plan of the town. Any matter referred by the selectmen to the board shall be acted upon within such time as may be designated by the selectmen in their order of reference. The planning board shall submit to the selectmen an annual report summarizing its activities for the fiscal year.
Acts, 1929. — Chap. 38. 49
CONSTABLES.
Section 22. The selectmen first elected and qualified ^°'o[n[^*^|,'jt as provided in section two shall forthwith appoint two con- terms, etc. stables, each for the term of one year from the following first day of March and annually thereafter in February, the selectmen shall appoint two constables, each for the term of one year from the following first day of March ; and may, at any time, appoint so many additional constables as, in their opinion, may be necessary, who shall hold office during the pleasure of the selectmen.
FINANCE COMMISSION, ELECTION, TERMS, ETC.
Section 23. At the special election to be held within Finance thirty days after the acceptance of this act as provided in ei'e™tk)n!"'"' section two, the voters of the town shall elect by official terms, etc. ballot from among their number five persons who shall serve and be known as the finance commission and shall hold office, one until the expiration of five years, one until the expiration of four years, one until the expiration of three years, one until the expiration of two years and one until the expiration of one year, from the first Monday in Feb- ruary, nineteen hundred and twenty-nine. Thereafter, beginning with the year nineteen hundred and thirty, one member of such commission shall be elected annually at the annual meeting to serve for five years therefrom. The No salary. members of the finance ' commission shall serve until their successors are elected and qualified and shall not receive any salary. During the term for which they are chosen they ineligible to shall be ineligible, either by appointment or by election, to office!""^ °*^''^'^ any town office other than that for which they have been chosen, nor shall they, during any such term, hold any such other office. They shall be sworn to the faithful performance To be sworn. of their duties by the moderator, the town clerk and account- ant, or by a justice of the peace.
VACANCY.
• Section 24. If for any reason whatsoever a vacancy vacancy in occurs in the finance commission, it shall be the duty of the commfssion. remaining member or members forthwith to give notice thereof to the selectmen. The selectmen shall, within five days thereafter, call a special town election to fill the vacancy or vacancies for the unexpired term or terms, respectively. Any vacancy or vacancies occurring in the finance commis- sion less than three months prior to any town election shall remain unfilled until the date of such election.
HOLDER OF AN ELECTIVE OFFICE MAY BE RECALLED.
Section 25. Any holder of an elective office may be Recaii of recalled therefrom by the qualified voters of the town as ^iec*tive°office. herein provided.
50
Acts, 1929. - Chap. 38.
Recall petition,
preparation,
filing.
Record book, entry of petition, etc.
RegibtraiH i voters to certify sig- natures.
RECALL PETITION, PREPARATION, FILING,
Section 26. Any qualified voter of the town may file with the town clerk and accountant an affidavit containing the name of the officer sought to be recalled and a statement of the grounds for recall. The town clerk and accountant shall thereupon deliver to the voter making the affidavit copies of petition blanks demanding such recall, printed forms of which he shall keep on hand. The blanks shall be issued by the town clerk and accountant with his signature and official seal attached thereto. They shall be dated, shall be addressed to the selectmen, and shall contain the name of the person to whom they are issued, the name of the person whose recall is sought, the grounds of recall as stated in the affidavit, and shall demand the election of a successor in the said office. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk and accountant. The recall petition shall be returned and filed with the town clerk and accountant within twenty days after the filing of the affidavit, and must also have been signed by at least one hundred registered voters of the town, who shall add to their signatures the street and number, if any, of their residences. The recall petition shall be submitted, at or before five o'clock in the afternoon of the Saturday preceding the day on which it must be filed, to the registrars of voters in the town, and the registrars shall forthwith certify thereon the number of signatures which are names of registered voters of the town.
Removal and election.
Proviso.
Nomination candidates.
REMOVAL AND ELECTION.
Section 27. If the petition shall be found and certified by the town clerk and accountant to be sufficient, he shall submit the same with his certificate to the selectmen with- out delay, and the selectmen shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled, and shall, if the officer does not resign within five days thereafter, thereupon order an election to be held on a Tuesday fixed *by them not less than twenty-five nor more than thirty-five days after the date of the town clerk and accountant's certificate that a suflBcient petition is filed; provided however, that if any other town election is to occur within sixty days after the date of the certificate, the selectmen may, in their discretion postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section.
NOMINATION OF CANDIDATES.
Section 28. The question of recalling any number of officers may be submitted at the same election. But as to each officer whose recall is sought, there shall be a separate
Acts, 1929. ^ Chap. 38. 51
ballot. The nomination of candidates to succeed an officer whose recall is sought, the publication of the warrant for the recall election and the conduct of such election shall all be in accordance with the provisions of law relating to elections.
Section 29. Ballots used in a recall election shall sub- Propositions on mit the following propositions in the order indicated: — re^caii Election
For the recall of (name of officer).
Against the recall of (name of officer).
Immediately at the right of each proposition there shall be a square in which the voter, by making a cross mark (X) may vote for either of the said propositions. Under the proposition shall appear the word "Candidates" and the direction ''Vote for one," and beneath this the names of candidates nominated as hereinbefore provided. The bal- Fonn of lots used in a recall election shall be substantially in the fol- lowing form : —
Recall Election. (Month and day of month, and year)
For the recall of (name in full) , . . . . Against the recall of (name in full),.
Candidates Vote for one
(Name of candidate)
Section 30. If a majority of the votes cast on the ques- officer to tion of recalling an officer shall be against his recall, he shall office?wh'en. continue in office but subject to recall as before. If a etc. majority of such votes be for the recall of the officer desig- nated on the ballot, he shall, regardless of any defects in the recall petition be deemed removed from office. When an officer is recalled from office, the candidate to succeed the officer recalled who received the highest vote shall be de- clared elected to fill the unexpired term.
Section 31. If an officer in regard to whom a sufficient ^^®''4°-o„ ^f recall petition is filed resigns within five days after notice officer named thereof, the election shall be held as hereinbefore provided, petition.
52
Acts, 1929. — Chap. 38.
Time of filing recall petition.
except, that the title of the ballot shall be "town election," that the proposition in regard to the recall shall be omitted from the ballot, and that above the names of the candidates there shall appear on the ballot the words "Candidates to succeed (name of officer), resigned."
Section 32, No recall petition shall be filed against an officer within three months after he takes office, nor in case of an officer subjected to a recall election and not recalled thereby, until at least three months after that election.
Persons recalled not to be ap- pointed to any town office within two years.
Salaries.
PERSONS RECALLED NOT TO BE APPOINTED TO ANY TOWN OFFICE WITHIN TWO YEARS.
Section 33. No person who has been recalled from an office, or who has resigned from an office while recall pro- ceedings were pending against him, shall be appointed to any town office within two years after such recall or such resig- nation.
SALARIES.
Section 34. The town clerk and accountant, treasurer and collector, assessors and town manager shall receive such compensation for their services as the selectmen shall de- termine, but not exceeding the amounts appropriated there- for by the town. Members of the finance commission, school committee, library trustees and planning board shall receive no salary or compensation.
Certain town officers not to make contracts with the town.
Penalties.
certain town officers not to MAKE CONTRACTS WITH THE TOWN.
Section 35. It shall be unlawful for any selectman, the town manager, any member of the school committee, any library trustee, or any other elective or appointive official, except as otherwise provided by law or in this act, directly or indirectly to make a contract with the town, or to receive any commission, discount, bonus, gift, contribution or re- ward from, or any share in the profits of, any person or corporation making or performing such a contract, unless the official concerned, immediately upon learning of the existence of such contract, or that such a contract is pro- posed, shall notify the selectmen in writing of the contract and of the nature of his interest therein and shall abstain from doing any official act on behalf of the town in reference thereto. In case such interest exists on the part of an officer whose duty it is to make a contract on behalf of the town, the contract may be made by another officer or person of the town, duly authorized thereto by vote of the select- men. Violation of any provision of this section shall render the contract in respect to which such violation occurs void- able at the option of the town. Any person violating any provision of this section shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or both.
Acts, 1929. — Chap. 38. 53
Section 36. This act shall be submitted to the voters of ^^t^e^y'^t^^^ext the town of Orange for acceptance at the next annual elec- annual elec- tion. The town clerk shall, before said election, transmit, '°"' ® '^' by mail or otherwise, to every registered voter in said town a copy of this act. The vote shall be taken by ballot in answer to the following question which shall be printed on the official ballot to be used at said election for the election of town officers: "Shall an act passed by the general court in the year nineteen hundred and twenty-nine, entitled, 'An Act estabhshing a town manager form of government for the town of Orange,' be accepted?" If this act shall be accepted by a majority of the voters voting thereon, it shall take effect for the special election to be held within thirty days after the acceptance of this act as provided in section two, for all things that pertain to said election and shall go into full force and effect upon the election of the selectmen and other town officials at said special election as herein provided; except that the appointees of the officials and boards whose offices shall be aboUshed and consolidated, then in the service of the town shall continue to draw com- pensation at the same rate and exercise like powers, authority and jurisdiction as theretofore, until other provision is made. The terms of office of all elective and appointive officers then in office shall terminate upon the qualification of their suc- cessors elected or appointed under the provisions of this act.
DUTIES OF CERTAIN TOWN OFFICIALS RELATIVE TO ELEC- TION, ETC.
Section 37. It shall be the duty of the selectmen, the Duties of town clerk, and any other town official upon whom by reason offictafs as"to of his office a duty devolves by the provisions of this act, election, etc. and who is in office when this act is accepted as herein pro- vided, to comply with all the requirements of this act re- lating to elections, to the end that all things may be done necessary for the nomination and election of the officers first to be elected under this act.
BY-LAWS, RULES, ETC.
Section 38. All laws, by-laws, rules and regulations in By-iaws, rules. force in the town of Orange when this act takes effect, not inconsistent with its provisions, whether enacted by au- thority of the town or any other authority, shall continue in full force and effect until otherwise provided by law, by- law, or vote; all other laws, by-laws, rules and regulations, so far as they refer to the town of Orange, are hereby repealed and annulled, but such repeal shall not revive any pre- existing enactment.
Section 39. So much of this act as authorizes the sub- mission of the question of its acceptance to the registered voters of said town and section thirty-seven shall take effect upon its passage.
54
Acts, 1929. - Chap. 89.
Revocation of acceptance.
When act becomes null and void.
REVOCATION OF ACCEPTANCE.
Section 40. At any time after the expiration of four years and within six years from the date on which this act is accepted, and not less than ninety days before the date of any annual meeting, a petition signed by not less than fifteen per cent of the registered voters of the town may be filed with the selectmen requesting that the question of revoking the acceptance of this act be submitted to the voters. Thereupon the selectmen shall call a town meet- ing to be held not later than forty-five days after the filing of the petition, but not between the first day of June and the first Tuesday of September, both dates inclusive. At such meeting, the vote shall be taken by official ballot in answer to the following question which shall be printed thereon: "Shall the acceptance of the town of Orange of an Act passed by the General Court in the year nineteen hundred and twenty-nine, entitled: "An Act establishing a town manager form of government for the town of Orange,' be revoked?" If such revocation is favored by a majority of the voters voting thereon by ballot, the acceptance of this act shall be revoked from and after the date of the annual town meeting next following such vote. The said revocation shall not affect any contract then existing or any action at law or suit in equity or other proceeding then pending. If the ac- ceptance shall be revoked as aforesaid, this act shall become null and void, and thereafter all general laws relative to town government and town officers shall apply to the town of Orange and any special laws relative to said town which are repealed by this act shall be revived by such revocation. By-laws in force when the said revocation takes effect, so far as they are consistent with general laws respecting town government and town officers and with said special laws, shall not be affected thereby.
Approved February 13, 1929.
Chap. 39 An Act relative to the repeal or modification of
ZONING BY-LAWS IN TOWNS.
Emergency preamble.
Whereas, The deferred operation of this act would tend to defeat its purpose, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
G. L. 40, § 30, etc., amended.
modification of ordinances or by-laws limit-
Be it enacted, etc., as follows:
Chapter forty of the General Laws, as amended in section thirty by chapter forty of the acts of nineteen hundred and twenty-two and by chapters fifty-nine and two hundred and sixteen of the acts of nineteen hundred and twenty-six, is hereby further amended by striking out said section thirty and inserting in place thereof the following: — Section SO. No ordinance or by-law enacted under section twenty-five shall be repealed or modified except after reasonable notice
AcTb, 1929. Chap. 40. 55
of the proposed repeal or modification and an opportunity ing particular to the objectors to be heard thereon, and, in a town, noti- buiTdfngsto fication as provided by law of a town meeting duly called tJ^cti^o^ "^'^ in pursuance of a warrant warning that such proposed repeal zones in cities or modification is to be acted upon thereat shall be sufficient ^^'^ towns. notice for the purposes hereof. In a city, such a hearing shall be before the city council or any committee designated or appointed for the purpose by the city council. If in a city any owner of real estate which would be affected by the proposed repeal or modification objects thereto by a writing filed with the city clerk, the ordinance shall not be repealed or modified except by a unanimous vote of all the members of a city council of less than nine members or by a three fourths vote of all the members of a city council of nine or more members; and in no case shall such an ordinance be repealed or modified except by a two thirds vote of all the members of the city council. If in a town any person shall, prior to the day named in the warrant for the town meeting at which such proposed repeal or modification is to be acted upon, file with the town clerk his objections thereto in writ- ing, together with his name and address, the town clerk shall give notice of such fact to the town meeting which shall not act on such proposed repeal or modification until it has re- ferred the objections to a committee thereof to hear the objecting party and report to said meeting or an adjourn- ment thereof or has referred the same to the town planning board for such purpose and has received a report made in pursuance of such reference after giving the objector an opportunity to be heard. If no objections are filed as afore- said the meeting may consider and act upon the proposed repeal or modification without further notice. In no case shall such a by-law be repealed or modified except by a two thirds vote of a town meeting.
Approved February 15, 1929.
An Act relative to the local taxation of yachts and (Jjiav, 40
CERTAIN OTHER WATER CRAFT.
Be it enacted, etc., as follows:
Section 1. Section eighteen of chapter fifty-nine of the g. l. 59, § is. General Laws, as amended by section two of chapter three ^*° ' ^"^^''^^e^ hundred and twenty-one of the acts of nineteen hundred and twenty-four, by chapter sixty-four of the acts of nine- teen hundred and twenty-five and by section two of chapter one hundred and forty-three of the acts of nineteen hun- dred and twenty-eight, is hereby further amended by strik- ing out clauses first, sixth and seventh and inserting in place thereof the following: — First, All tangible personal Tangible property, including that of persons not inhabitants of the prop°erty, commonwealth, except ships and vessels used in or designed Assessed, for use in carrying trade or commercial fishing, shall, unless exempted by section five, be taxed to the owner in the town where itissituated on April first.
56
Acts, 1929. — Chaps. 41, 42, 4.3.
Tangible per- sonal property of partnerships, where assessed.
Certain ships, etc., owned by partner- ships, where assessed.
Effective date.
Sixth, Partners, whether residing in the same or different towns, shall be jointly taxed under their firm name, for all tangible personal property belonging to the partnership, except ships and vessels used in or designed for use in carry- ing trade or commercial fishing, in the place where such property is situated. Each partner shall be liable for the whole tax.
Seventh, Ships or vessels, other than yachts and other pleasure craft, owned by a partnership, shall be assessed to the several partners in their places of residence, if within the commonwealth, proportionally to their interests therein; but the interests of the several partners residing without the commonwealth shall be assessed to the partnership in the place where its business is carried on.
Section 2. This act shall take effect as of the thirty- first day of March in the current year.-
Approved February 15, 1929.
Chav. 41 An Act repealing the law providing that the general
COURT SHALL HOLD NO SESSION FOR THE TRANSACTION OF ORDINARY BUSINESS ON A LEGAL HOLIDAY.
Be it enacted, etc., as follows:
r^'kied^^' Section twenty-five of chapter three of the General Laws
is hereby repealed. Approved February 15, 1929.
Chart. 42 An Act relative to the disposition of unclaimed ac- counts CARRIED on the BOOKS OF CERTAIN COUNTY
officers.
Be it enacted, etc., as follows:
Chapter thirty-five of the General Laws is hereby amended by inserting after section twenty-three the following new section: — Section 23 A. County officers holding funds un- claimed after two years from the time of receipt thereof and not otherwise subject to statutory disposition shall pay over such funds to their county treasury for the use of the county; provided, that any person or persons establishing a lawful claim thereto before the county commissioners within six years of such payment over may receive satis- faction thereof from any available funds in the county treasury. Approved February 15, 1929.
G. L. 3.5, new section after § 23.
Disposition of unclaimed accounts carried on the books of certain county officers.
Proviso.
Chap. 43 An Act permitting the parking of motor vehicles
WITHOUT display OF LIGHTS IN CERTAIN CASES.
G. L. 90, § 7, etc., amended.
Be it enacted, etc., as follows:
Section seven of chapter ninety of the General Laws, as most recently amended by section one of chapter three hundred and twenty-eight of the acts of nineteen hundred and twenty-eight, is hereby further amended by inserting after the word "direction" in the forty-third line the words: — ; provided, that an automobile need display no light
Acts, 1929. — Chap. 43. 57
when parked within the hmits of a way in a space in which unlighted parking is permitted by the rules or regulations of the board or officer having control of such way, — so as to read as follows: — Section 7. Every motor vehicle Brakes on operated in or upon any way shall be provided with brakes ""^ °^ ^^ ''^ ^^' adequate to control the movement of such vehicle and conforming to rules and regulations made by the registrar, and such brakes shall at all times be maintained in good working order. Every automobile shall be provided with at least two braking systems, each with a separate means of application, each operating directly or indirectly on at least two wheels and each of which shall suffice alone to stop said automobile within a proper distance as defined in said rules and regulations; provided, that if said systems are Proviso. connected, combined or have any part in common, such systems shall be so constructed that a breaking of any one element thereof will not leave the automobile without brakes acting directly or indirectly on at least two wheels. One braking system shall be so constructed that it can be set to hold the automobile stationary. Every motor cycle shall be provided with at least one brake adequate to stop it within a proper distance as defined as aforesaid. Every other equip- motor vehicle so operated shall be provided with a muffler '"®"*' or other suitable device to prevent unnecessary noise and with a suitable bell, horn or other means of signalling, and with suitable lamps; and automobiles shall be provided with a lock, a key or other device to prevent such vehicle from being set in motion by unauthorized persons, or other- wise, contrary to the will of the owner or person in charge thereof. Every automobile operated during the period Lights. from one half an hour after sunset to one half an hour before sunrise shall display at least two white lights, or lights of yellow or amber tint, or, if parked within the limits of a Parking lights, way, one white light on the side of the automobile nearer the centre of the way, and every motor cycle so operated at least one white light, or light of yellow or amber tint, and every such motor cycle with a side-car attached, in addition, one such light on the front of the side-car, and every motor truck, trailer and commercial motor vehicle used solely as such, having a carrying capacity of three tons or over, in addition, a green light attached to the extreme left of the front of such vehicle, so attached and adjusted as to indi- cate the extreme left lateral extension of the vehicle or load, which shall in all cases aforesaid be visible not less than two hundred feet in the direction toward which the vehicle is proceeding or facing; and every such motor vehicle shall display at least one red light in the reverse direction; pro- Proviso. vided, that an automobile need display no light when parked within the limits of a way in a space in which unlighted parking is permitted by the rules or regulations of the board or officer having control of such way. Every automobile so operated shall have a rear light so placed as to show a red light from behind and a white light so arranged as to
58
Acts, 1929. — Chap. 44.
Keadlaiii pA ai rear lamps, approval by registrar, etc.
Mirrors or reflectors.
illuminate and not obscure the rear register number. No headlamp shall be used upon any motor vehicle so operated unless such lamp is equipped with a lens or other device, approved by the registrar, designed to prevent glaring rays. No rear lamp shall be used upon any motor vehicle so operated unless approved by the registrar. Application for the approval of a lens, or other device, or of a rear lamp, accompanied by a fee of fifty dollars, may be made to the registrar by any manufacturer thereof or dealer therein. Every automobile used for the carriage of passengers for hire, and every commercial motor vehicle or motor truck, so constructed, equipped or loaded that the person operating the same is prevented from having a constantly free and unobstructed view of the highway immediately in the rear, shall have attached to the vehicle a mirror or reflector so placed and adjusted as to afford the operator a clear, re- flected view of the highway in the rear of the vehicle.
Approved February 15, 1929.
ChaV. 44 ^N -^^"^ RELATIVE TO THE IMPORTATION AND LIBERATION OF CERTAIN LIVE BIRDS AND QUADRUPEDS.
G. L. 131, § 41. amended.
Importation and liberation of certain live birds and quad- rupeds, per- mits, etc.
Rules and regulations.
Penalty for violation.
Birds found to be diseased may be confiscated.
Be it enacted, etc., as follows:
Chapter one hundred and thirty-one of the General Laws is hereby amended by striking out section forty-one and inserting in place thereof the following : — Section 41 • No person shafl import or cause to be imported into the com- monwealth any live game bird or any live wild fur-bearing or game quadruped unless he first obtains a permit so to do from the director, nor shall any person liberate any such bird or quadruped except in accordance with the provisions of an outstanding permit. The director may, in his dis- cretion, issue such a permit and may include therein reason- able conditions as to the importation, inspection and libera- tion of such birds or quadrupeds; and he may at any time revoke such a permit. He may make reasonable rules and regulations relative to the issue of such permits and to the importation, inspection and liberation of such birds and quadrupeds. Whoever violates any provision of this section or of any rule or regulation made hereunder or any condi- tion of a permit granted hereunder shall be punished by a fine of not less than ten nor more than one hundred dollars for each bird or quadruped in respect of which the violation occurs. Any bird or quadruped which is imported into the commonwealth in violation of this section, or which is so imported under authority of a permit granted hereunder and is found upon inspection to be diseased, may be con- fiscated by any officer empowered to enforce the fish and game laws and shall be forfeited and be disposed of as the director deems best. Approved February 15, 1929.
Acts, 1929. Chaps. 45, 46. 59
An Act regulating the use of names by certain as- Chap 45
SOCIATIONS and TRUSTS.
Be it enacted, etc., as follows:
Chapter one hundred and eighty-two of the General Laws g. l. i82, new is hereby amended by inserting after section two the follow- f 2*'°° ^"^' ing new section: — Section 2 A. No association or trust use of names shall assume the name of any corporation established under by certain the laws of the commonwealth, or of a corporation, firm, and trusts or association or trust whether or not as defined in section '^"guiated. one, or of an individual, carrying on business in the com- monwealth at the time when the association or trust is created or within three years prior thereto, or assume a name so similar thereto as to be likely to be mistaken for it, except with the written consent of such existing corporation, firm, association or trust or of such individual, previously filed with the commissioner; and the commissioner shall refuse to receive for filing the written instrument or declara- tion of trust of an association or trust if it appears to him to have assumed a name in violation hereof. The supreme judicial or superior court shall have jurisdiction in equity, upon the application of any person interested or affected, to enjoin an association or trust from doing business under any name assumed in violation hereof, although the written instrument or declaration of trust of such association or trust has been received for filing as aforesaid.
Approved February 15, 1929.
An Act enlarging the corporate powers of the new Chav. 46
BEDFORD PORT SOCIETY.
Be it eriacted, etc., as follows:
Section one of chapter tw^enty-nine of the acts of eighteen }^^^\f'.^ '■ hundred and thirty-two is hereby amended by inserting after "'""'" ^ the word "seamen" in the eleventh line the words: — and the furnishing of material relief to needy seamen and their families, — and by inserting after the word "seamen" in the twentieth line the words : — and the furnishing of ma- terial relief to needy seamen and their families, — so as to read as follows: — Sec. 1. Be it enacted by the Senate New Bedford and House of Representatives, in General Court assembled, co°rporate^ ^' and by the authority of the same, That Samuel Rodman, Jr., fa°g|d^®"' James Arnold, Sylvester Holmes, John Howland, Jr., Jonathan Tuttle, Timothy I. Dyre, Charles W. Morgan, Orville Dewey, Jared Parkhurst, William H. Taylor, John Coggeshall and Nehemiah Leonard, their associates and successors, be, and they hereby are incorporated, by the name of the New Bedford Port Society, for the moral im- provement of seamen and the furnishing of material relief to needy seamen and their famihes, with power to make by laws and regulations for their own government, and the management of the concerns of the society, not inconsistent
60
Acts, 1929. — Chaps. 47, 48.
with the laws of this Coniinouwealtli, and to take, hold and receive, by gift or otherwise, real and personal estate, not exceeding fifty thousand dollars in value, and the same to sell and convey, if necessary, the income thereof to be applied to the religious, moral and professional instruction of seamen and the furnishing of material relief to needy seamen and their families, in such manner as the society shall direct. Approved February 15, 1929.
Chap. 47 An Act relative to the taking, possession and sale
OF calico bass and crappie.
Be it enacted, etc., as follows:
G. L. 130, § 78A, etc., amended.
Chapter one hundred and thirty of the General Laws is
hereby amended by striking out section seventy-eight A,
inserted by chapter one hundred and eighty-eight of the
acts of nineteen hundred and twenty-one and amended by
section four of chapter two hundred and sixty-eight of the
acts of nineteen hundred and twenty-three and by chapter
six of the acts of nineteen hundred and twenty-seven, and
tefdn'^lafe^ °" inserting in place thereof the following: — Section 78 A.
etc., of certain No pcrsou shall take or have in possession more than six
fresh water fish. ^^^^y. ^^^^^ g^^^^^ pickerel, forty horned pout, forty yellow
perch, five wall eyed pike sometimes called pike perch, forty blue gills or sunfish, twenty calico bass or twenty crappie, taken from the waters of the commonwealth in any one day, nor shall he take from said waters or have in possession horned pout between March first and June fif- teenth in any year, yellow perch between March first and April first in any year, or blue gills, sunfish, calico bass or crappie between December first and July first of the year following, nor shall he at anj'- time buy, sell, offer or expose for sale or have in possession for the purpose of sale a horned pout, yellow perch, blue gill, sunfish, calico bass or crappie, taken from the waters of the commonwealth, nor shall he have in possession at any time a blue gill, sunfish, calico bass or crappie, taken from said waters which is less than six inches in length except when taken by him while lawfully fishing and immediately returned alive to the water whence Penalty. [^ ^g^g taken. Whoever violates any provision of this sec-
tion shall be punished by a fine of not more than ten dollars for every fish in respect to which such violation occurs.
Approved February 15, 1929.
Chap. 48 An Act relative to state reimbursement of small towns for compensation paid to inspectors of ani- mals.
Be it enacted, etc., as follows:
Section seventeen of chapter one hundred and twenty-nine of the General Laws is hereby amended by inserting after the word "commonwealth" in the seventh line the words: — , upon certificate of the selectmen, approved by the director.
G. L. 129, § 17, amended.
Acts, 1929. — C haps. 49, 50. Gl
— so as to read as follows: — Section 17. Each inspector Oaths of inspec- shall be sworn to ' the faithful performance of his official *°" ° ^°™'' ^' duties, and shall receive from the town for which he is ap- Compensation. pointed reasonable compensation, if appointed by the town, or such compensation as shall be fixed by the director, but not in excess of five hundred dollars a year, if appointed by the director. Towns having a valuation of less than two state reim- and one half million dollars shall be reimbursed by the com- ^S to'wL"^ monwealth, upon certificate of the selectmen, approved by {"^^''^^''to''' the director, for one half of such compensation, not exceed- inspectors. ing two hundred and fifty dollars for each inspector in any one year. Approved February 18, 1929.
An Act establishing the salaries of the deputy as- Chap. 49
SESSOES OF the CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section three of chapter ninety-three of the ^"^^^ ^-^^ ^hl^' Special Acts of nineteen hundred and eighteen, as amended ^ ^" ^^^ by chapter ninety-two of the acts of nineteen hundred and twenty and by section one of chapter six of the acts of nineteen hundred and twenty-two, is hereby further amended by inserting after the word "thousand" in the eighth line the words: — five hundred, — so as to read as follows: — Section 3. The mayor shall also appoint for an indetermi- ^®P"f^it^^o^f" nate term, under the laws and rules governing the classified Boston, civil civil service of the commonwealth, five deputy assessors ment^saiSy"*'" and such appointees shall hold office in accordance with duties, etc. such laws and rules. Appointments to fill vacancies shall be made in like manner. Each deputy assessor shall re- ceive an annual salary of four thousand five hundred dollars and shall perform such duties as the board of assessors may prescribe.
Section 2. This act shall take effect upon its accept- 1"^™^^^°^/° ance during the current j^ear by vote of the city council of etc. the city of Boston, subject to the provisions of its charter, but not otherwise. Approved February 18, 1929.
An Act authorizing the Suffolk savings bank for Chap. 50 seamen and others to hold additional real es- tate.
Be it enacted, etc., as follows:
Section 1. The Suffolk Savings Bank for Seamen and S^if^^f Others, incorporated by chapter seventy-three of the acts men and others of eighteen hundred and thirty-three, may, subject to the ditwnai approval of the commissioner of banks, invest a sum not ^eai estate exceeding three hundred and fifty thousand dollars, in ad- dition to any sums heretofore authorized, in land and buildings in the city of Boston to be used in whole or in j)art for the conduct of a branch office or offices.
Section 2. This act shall take effect upon its~passage.
Approved February 20, 1929.
62 Acts, 1929. — Chaps. 51, 52, 53, 54,
Chap. 51 An Act authorizing the Gardner trust company to
HOLD additional REAL ESTATE IN THE CITY OF GARDNER.
Be it enacted, etc., as follows:
Com "an ^mav- Section 1. The Gardner Trust Company, a trust com- hoid additional pany Organized under the laws of this commonwealth and cfty of oi^rdner. having its usual place of business in the city of Gardner, may, subject otherwise to the provisions of section forty- one of chapter one hundred and seventy-two of the General Laws, as amended by chapter three hundred and twenty-one of the acts of nineteen hundred and twenty-two, and to the approval of the commissioner of banks, invest in real estate in said city suitable for and to be used in whole or in part for the transaction of its business to an amount, including the cost of alterations and additions in the nature of perma- nent fixtures, not exceeding, directly or indirectly, sixty- three thousand dollars, in addition to the amount permitted by said section forty-one, amended as aforesaid, to be in- vested by said trust company, but in no event exceeding one hundred and thirty-eight thousand dollars in the ag- gregate.
Section 2. This act shall take effect upon its passage.
Approved February 20, 1929.
Chap. 52 An Act authorizing the hitchcock free academy in
THE TOW^N of BRIMFIELD TO HOLD ADDITIONAL REAL AND PERSONAL PROPERTY.
Be it enacted, etc., as follows:
^^^^^fil""^^ The Hitchcock Free Academy in the town of Brimfield
town of Brim- may hold, for the purposes for which it is incorporated,
fddltSi''"''^ real and personal property to an amount not exceeding five
Bona? property, ^uudred thousand dollars. Approved February 20, 1929.
Chap. 53 An Act reviving cape cod camps, inc.
Be it enacted, etc., as follows:
Cam ?°nic Cape Cod Camps, Inc., a corporation dissolved by chapter
revived, etc.' two hundred and seventy-three of the acts of nineteen hun- dred and twenty-eight, is hereby revived with the same powers, duties and obligations as if said chapter had not been passed; and all acts and proceedings of the officers, direc- tors and stockholders of said corporation acting as such which would be legal and valid but for the passage of said chapter are hereby ratified and confirmed.
Approved February 20, 1929.
Chap. 54 An Act authorizing the universalist publishing
HOUSE TO HOLD ADDITIONAL PROPERTY.
Beit enacted, etc., as follows:
Itc^' .amended Chapter two hundred and eighty-six of the acts of eighteen hundred and seventy-two, incorporating the Universalist
Acts, 1929. — Chaps. 55, 56. 63
Publishing House, as amended in section two by section one
of chapter twenty of the acts of nineteen hundred and five
and chapter eighty-six of the acts of nineteen hundred and
ten, is hereby further amended by striking out said section
two, and inserting in place thereof the following: — Sec- Uniyersaiist
Hon 2. Said corporation may hold real and personal prop- Hous'e may
erty necessary for conducting its_ business to an amount [-onaf property.
not exceeding one milhon dollars in value.
Approved February 20, 1929.
An Act relative to increasing the number of trustees (jj^g^jy 55
OF AMHERST COLLEGE ELECTED BY THE GRADUATES THEREOF ^'
AND EXTENDING THE RIGHT TO VOTE THEREFOR.
Be it enacted, etc., as follows:
Section 1. The number of trustees of Amherst college Number of to be elected by the graduates of said college is hereby in- Amher8t°coi- creased from five to six. The first vacancy among the lege increased. members of the board of trustees of said college elected by horEfied. said board which shall occur after the thirty-first day of July in the current year, and after the adoption of any necessary changes in rules or regulations by said board and the society of the alumni of said college, shall be filled by the graduates thereof in the same manner as is provided for the election of the five trustees heretofore elected by the graduates of said college. Whenever any person so chosen by the said graduates to fill such vacancy shall cease to be a member of the corporation, his place and that of every successor shall be filled by the graduates in like manner.
Section 2. All acts and parts of acts, in so far as pro- Certain acts viding that no graduate of Amherst college be entitled to actl repealed, vote for the trustees of said college to be chosen by the graduates thereof prior to the fourth annual commencement after his graduation, are hereby repealed.
Approved February 20, 1929.
An Act authorizing charles a. cushman and edith (JJiap. 56 w. cushman to build and maintain a foot-bridge over the lower level of somerville avenue in the
CITY OF somerville.
Be it enacted, etc., as follows:
Section 1. Upon petition and after a public hearing chariesA. thereon, notice of which shall be published at least three EdHh"w"cush- times in a newspaper published in the city of Somerville, manmaybuiid
1 • .i^-i'i -jiji icii and maintain
the city council of said city may, with the approval of the afoot-bridge mayor, issue a permit to Charles A. Cushman and Edith orsolnerviilr"^ W. Cushman, both of Cambridge, their heirs and their o{'|o'^e^"-J5e^ successors in title from time to time to the building hereinafter referred to, to build and maintain a foot-bridge from the second story of the building now owned by them and num- bered forty-three Somerville avenue, at the northwest
64
Acts, 1929. — Chap. 57,
Revocation of permit.
Restrictions as to height and width.
Liability for bodily injury or damage to property.
Proviso.
Remedy not exclusive, etc.
Unconstitution- ality of any part of act not to affect valid- ity of remaining provisions.
Submission to city council, etc
Proviso.
corner of said building, over the lower level of Somerville avenue to the upper level thereof, otherwise called the northern artery, for the purpose of connecting the building with said northern artery, upon such conditions and subject to such restrictions as the said city council may prescribe. Any permit so issued may be revoked by vote of said city council, with the approval of the mayor.
Section 2. Any bridge built under a permit granted as aforesaid shall be constructed and maintained at a height not less than sixteen feet above the grade line of the lower level street, and shall not be more than ten feet in width, and no part of said foot-bridge or its supports shall rest on the surface of the upper or lower level street.
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 construction or maintenance of said foot-bridge, he may recover damages therefor in an action of tort brought in the superior court against said Charles A. Cushman and Edith W. Cushman, or their heirs or their successors in title from time to time to said build- ing, within one year after the date of such injury or damage; provided, that such notice of the time, place and cause of the said injury or damage be given to said Charles A. Cush- man and Edith W. Cushman, or their heirs or successors in title aforesaid, by, or on behalf of, the person sustaining the same as is, under the provisions of chapter eighty-four of the General Laws, valid and sufficient in cases of injury or damage sustained by reason of a defect or a want of re- pair 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.
Section 4. If any part or section of this act be de- clared unconstitutional, the validity of its remaining pro- visions shall not be affected thereby.
Section 5. This act shall take effect upon its acceptance by vote of the city council of said city, subject to the pro- visions of its charter; provided, that such acceptance occurs during the current year. Approved February 20, 1929.
Chap. 57 An Act authorizing the acceptance op certain pro- visions OF LAW RELATIVE TO THE ESTABLISHMENT OF POLICE DEPARTMENTS IN TOWNS BY THE TOWN OF NATICK BY THE USE OF THE OFFICIAL BALLOT.
Town of Natick may place upon official ballot question of ac- ceptance of cer- tain provisions of law relative to establish- ment of police departments in towns.
Be it enacted; etc., as follows:
Section 1. The town of Natick is hereby authorized to place upon the official ballot to be used for the election of town officers at any annual town election the following question: — "Shall the town of Natick accept the provisions of section ninety-seven of chapter forty-one of the General Laws relative to the establishment of police departments in towns?" If a majority of the votes cast in answer to said
Acts, 1929. — Chaps. 58, 59. 65
question are in the affirmative, said provisions shall there- upon become effective in said town, but not otherwise. Section 2. This act shall take effect upon its passage.
Approved February 20, 1929.
An Act authorizing the town of marblehead to make QJiqj) 53
AN additional SEWERAGE LOAN.
Be it enacted, etc., as follows:
Section 1. For the purpose of completing and extend- TownofMarbie-
, f-i'i r J. head may make
mg its system 01 mam drams and common sewers lor a part an additional or the whole of its territory, with such connections and other ^^^^erage loan. works as may be required for a system of sewage disposal, and of exercising any power or authority relative to the taking by purchase or otherwise of land, water rights and easements, or any other right or authority conferred by chapter three hundred and nine of the Special Acts of nine- teen hundred and sixteen or by chapter eighty-three of the General Laws, the town of Marblehead may, from time to time, borrow, in addition to any sum or sums heretofore authorized, such sums 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, Marblehead Sewerage Loan, Act of 1929. Each Marblehead authorized issue shall constitute a separate loan, and such AtTo?f929.°^°' loans shall be payable within fifteen years from their re- spective dates, but no issue shall be authorized under this act unless a sum equal to an amount not less than ten per cent of such authorized issue is voted for the same purposes to be raised by the tax levy of the year when authorized. Indebtedness incurred hereunder shall be in excess of the statutory limit, but shall, except as herein provided, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof, as revised by chapter three hundred and twenty-four of the acts of nineteen hundred and twenty-eight.
Section 2. Said town may, at any annual or special May authorize town meeting or at any adjourned session thereof, by vote nwney'not- in accordance with the articles for the warrant for said ^Ygt'istandmg, meeting, authorize the borrowing of money under the pro- visions of this act, and such authorization shall be fully effective, notwithstanding that the warrant for said meet- ing was served prior to the passage of this act.
Section 3. This act shall take effect upon its passage.
Approved February 21, 1929.
An Act authorizing the town of brookline to erect QJidj) 59
A BUILDING FOR SCHOOL PURPOSES ON LONG WOOD PLAY- GROUND, SO-CALLED.
Be it enacted, etc., as follows:
Section 1. The town of Brookline may erect a building Town of Brook- for school purposes on that part of a playground therein a'buihiuirfor*^
66
Acts, 1929. — Chaps. 60, 61, 62.
»o-called Boundaries
school purposes known ES the Longwood playground and dedicated to the
on LongwooQ ^ »^ -^ ^. , . , , , en
playground, usc 01 the pubhc as 9. park, which is bounded as lollows: — southerly by Francis street, eighty feet; easterly by other land of said town known as the Lawrence school lot, two hundred and twenty feet; northerly and westerly by the remaining land of said playground, eighty feet and two hundred and twenty feet, respectively, containing seven- teen thousand six hundred square feet.
Section 2. This act shall take effect upon its passage.
Approved February 21, 1929.
Chap. 60 ^^ ^^'^ VALIDATING THE ISSUE BY THE TOWN OF SPENCER OF CERTAIN BONDS FOR WATER PURPOSES.
Issue by town of Spencer of certain bonds for water pur- poses vali- dated.
Be it enacted, etc., as follows:
Section 1. The issue by the town of Spencer under chapter forty-seven of the Special Acts of nineteen hundred and seventeen of bonds for water purposes to the amount of thirty-three thousand dollars, in accordance with a vote of the town passed at a meeting held on August twelfth, nineteen hundred and twenty-seven, in so far as such issue may be illegal by reason of the fact that such vote purported to authorize the issue of bonds in excess of the amount permitted by said chapter, is hereby made legal.
Section 2. This act shall take effect upon its passage.
Approved February 21, 1929.
Chap. 61 An Act relative to facsimile signatures of registers
OF DEEDS.
Be it enacted, etc., as follows:
Chapter thirty-six of the General Laws is hereby amended by striking out section nineteen and inserting in place thereof the following: — Section 19. A facsimile of the signature of any register, imprinted by him, by an assistant register or by such office assistant as the register in writing may desig- nate, upon any original instrument in attestation of the fact that the same has been recorded in his registry or upon any copy of the records or plans which the register is au- thorized by law to certify or attest as a true copy, shall have the same validity as his written signature.
Approved February 21, 1929.
G. L. 36, § 19, amended.
Facsimile sig- natures of registers of deeds to have same validity as written signatures.
Chap. 62 An Act authorizing the trustees of the Bristol county
agricultural school to PROVIDE A DOMESTIC WATER SUPPLY FOR SAID SCHOOL.
Be it enacted, etc., as follows:
Section 1. The trustees of the Bristol county agricul- tural school may expend a sum not exceeding five thousand dollars to provide wells, pipe lines, pump house and pumping equipment, power line and other essentials to a complete water system for said school.
Trustees of Bristol county agricultural school may expend a cer- tain sum to provide a domestic water supply for said school.
Acts, 1929. — Chaps. 63, 64. 67
Section 2. For the purposes aforesaid, the county commissioners of said county may borrow from time to time, on the credit of the county, such sums as may be necessary, not exceeding, in the aggregate, five thousand dollars, and may issue bonds or notes of the county therefor, which shall bear on their face the words, Bristol County Agricul- AgHcuiSirar*^ tural School Loan, Act of 1929. Each authorized issue shall Schoo" Loan, constitute a separate loan, and such loans shall be payable ^''^ °* *^^^- in not more than three years from their dates. Such bonds or notes shall be signed by the treasurer of said county and countersigned by a majority of the county commissioners. The county may sell such securities at public or private sale, and the proceeds shall be used only for the purposes specified in this act. Indebtedness incurred under this act shall, except as herein provided, be subject to chapter thirty-five of the General Laws.
Section 3. This act shall take effect upon its acceptance submission to during the current year by said county commissioners. mi'^si^oners'"'
Approved February 21, 1929.
An Act relative to granting one day off in every (Jhap. 63
EIGHT DAYS TO POLICE OFFICERS IN THE TOWN OF BRAIN- TREE.
Be it enacted, etc., as follows:
The provisions of section sixteen of chapter one hundred ^i^-ons^o^Taw and forty-seven of the General Laws and the pertinent pro- relative to visions of section seventeen of said chapter, relative to ex- laToffln "* cusing police officers from duty for one day out of every ^ay/to police eight days without loss of pay, shall apply in the town of offic'ers to apply Braintree, upon acceptance of this act by vote of its select- Braint?ee upon men prior to January first, nineteen hundred and thirty; acceptance, etc. and, for the purpose of such acceptance, this act shall take effect upon its passage. Approved February 21, 1929.
An Act authorizing the county of Bristol to borrow (JJia/n. 64
MONEY for the PURPOSE OF CONSTRUCTING A SEWER BED AT THE BRISTOL COUNTY TUBERCULOSIS HOSPITAL.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county of ^^j®*°^*'end*a Bristol, acting as the trustees of the Bristol county tubercu- certain sum for losis hospital, may expend a sum not exceeding twenty-five tk)n''o"a*^8ewer thousand dollars for the purpose of constructing a sewer bed fe^f t^ipount at said hospital, in accordance with plans approved by the tuberculosis state department of public health. hospital.
Section 2. For the purposes aforesaid, the said county May borrow commissioners may borrow money on the credit of the no°tesfetc'"° county and issue notes of the county therefor to an amount not exceeding twenty-five thousand dollars. Such notes shall be payable by such annual payments beginning not more than one year from the date thereof as will extinguish each loan within five years from its date. The amount of
68
Acts, 1929. — Chap. 65.
Effective upon acceptance, etc.
such annual payment in any year shall not be less than the amount of the principal of the loan payable in any subse- quent year. The notes shall be signed by the county treasurer and countersigned by a majority of the county commissioners. Each authorized issue shall constitute a separate loan. All sums necessary to meet interest pay- ments on said notes and payments on account of principal as the same mature shall be assessed upon the towns and cities of said county that constitute the hospital district, in accordance with section eighty-five of chapter one hundred and eleven of the General Laws.
Section 3. This act shall take full effect upon its ac- ceptance, during the current year, by the county commis- sioners of said county, but not otherwise. For the purposes of such acceptance only, it shall take effect upon its passage.
Approved February 21, 1929.
Bay State Life Insurance Com- pany incor- porated.
Chap. 65 An Act to incorporate the bay state life insurance
COMPANY.
Be it enacted, etc., as follows:
Section 1. Edward M. Hamhn, Charles B. Strout, William K. Beane, Forris W. Norris, Roscoe Walsworth, Herbert S. Mabey, Charles H. Bucek, Joshua Harron, Walter E. McLane and Nicholas DuVally, their associates and successors, are hereby created a corporation under the name of Bay State Life Insurance Company, to be situated in the city of Boston, for the transaction of life and endow- ment insurance, the sale of annuities, and for insuring against the sickness and the bodily injury or death of the insured by accident; with all the rights, powers and privi- leges, and subject to all the duties, liabilities and restric- tions set forth in all general laws, now or hereafter in force, applicable to domestic stock life insurance companies, so far as the same are not inconsistent with the provisions of this act.
Section 2. The board of directors shall consist of not less than fifteen members, who shall be chosen by ballot from the stockholders, and a majority of whom shall be residents of the commonwealth. Not less than eight shall constitute a quorum to do business, although a less number may adjourn from time to time. The number of directors and the number constituting a quorum may be increased or diminished within the said limits at any annual or special meeting of the stockholders. The directors shall have power to choose from their number an executive committee of not less than seven, which may exercise all the powers of the board of directors whenever the board shall not be in session, and also all powers expressly conferred upon it by the by-laws. The corporation may determine by its by-laws the manner of calling and conducting all meetings, and the mode of voting by proxy. Each stockholder shall be entitled to one vote for every share of capital stock owned by him.
Board of direc- tors, members, election, etc.
Quorum.
Executive committee.
Voting by proxy.
Acts, 1929. — Chap. 66. 69
Section 3. The capital stock of the corporation shall be Capital stock. four hundred thousand dollars, divided into twenty thou- sand shares of the par value of twenty dollars each. The capital stock together with a surplus of not less than six hundred thousand dollars shall be paid in, in cash, within two years after the date of the passage of this act; and no certificates of shares and no policies shall be issued until the whole capital stock and surplus are so paid in.
Approved February 21, 1929.
An Act relative to the financing of the essex county (JJmy QQ
TUBERCULOSIS HOSPITAL. ^'
Be it enacted, etc., as follows. •
Section 1. The county commissioners of the county of ^eeds mi"^*be Essex may apply, toward the reduction of the existing in- applied toward debtedness, including interest, of said county incurred on [ndebteXefs account of the hospital constructed in said county for the |j"p"[,n^J'f" care of persons suffering from tuberculosis, the net proceeds Essex county derived from the sale or disposition by them of property Lospitr/"^'^ under authority of section five of chapter four hundred and forty-three of the acts of nineteen hundred and twenty-four and the proceeds of assessments heretofore credited under section six of said chapter but not paid.
Section 2. Said county commissioners shall thereafter Balance of in- apportion the remaining balance of such indebtedness to the be'^a'ppor'tToned cities and towns in said county, except the cities of Haver- to cities and
• towns in
hill, Lawrence, Lynn, Newburyport and Salem, in accord- county, ance with their latest valuation used in assessing the county ^'"^''p*" ^^'^■ taxes; and each of such cities and towns shall pay the sum so apportioned to it into the treasury of said county at such time and in such instalments as the said county commissioners shall by special order direct. The county commissioners Remedies for shall have the remedies for the collection of sums so ap- '^o''^'^*'""- ^*''- portioned, and the several cities and towns shall have the right to incur indebtedness to provide funds for the pay- ment thereof, provided in sections eighty-three and eighty- four, respectively, of chapter one hundred and eleven of the General Laws. Any city or town which neglects or refuses Procedure in to pay its assessment shall pay, and the county commis- town'^n^rects, sioners may collect, interest thereon as and for money due etc., to pay, etc. the county under section twenty-four of chapter thirty-five of the General Laws. The county commissioners may issue Temporary temporary notes in anticipation of the payment of such re°newareTc. assessment and may renew such notes or any portion thereof from time to time, until such assessment shall have been paid.
Section 3. All sums hereafter received by said county Apportionment commissioners as dividends on account of moneys deposited ll ci'tTesTnd to the credit of David L Robinson, treasurer, Essex county, towns in special account in the Tremont Trust Company shall be et"." ^' ^""^^^ ' apportioned and paid to the cities and towns in said county, except said cities of Haverhill, Lawrence, Lynn, Newbury- port and Salem, in accordance with their latest valuation
70
Acts, 1929. — Chaps. 67, 68.
used in assessing the county taxes. Losses on account of said deposit shall be deemed a part of the cost of construc- tion of said hospital.
Section 4. This act shall take effect upon its accept- ance during the current year by the county commissioners of said county. Approved February 21, 1929.
Chap. 67 An Act reviving richards & cc, incorporated.
Whereas, The deferred operation of this act would tend to defeat its purpose, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Submission to county com- missioners.
Emergency preamble.
Richards & Co
Incorporated,
revived.
Be it enacted, etc., as follows:
Section 1. Richards & Co., Incorporated, a corporation dissolved by section one of chapter two hundred and thirty- eight of the acts of nineteen hundred and twenty-six, is hereby revived with the same powers, duties and obligations as if said chapter had not been passed. When operative. Section 2. This act shall bc operative as of March thirty-first, nineteen hundred and twenty-six.
Approved February 23, 1929.
Chap.
Town of Dan- vers may main- tain a public hospital for the use of the inhabitants of said town.
Board of trus- tees, election, terms, etc.
Vacancies.
Submission to voters of town, etc.
68 An Act authorizing the town of danvers to maintain A public hospital for the use of the inhabitants of
SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The town of Danvers may maintain a public hospital for the use of the inhabitants of said town and others who may be admitted thereto who may require medical or surgical treatment, and may appropriate money for the maintenance of said hospital.
Section 2. Said town shall, within sixty days from the effective date of this act, elect at an annual or special elec- tion a board consisting of seven trustees to manage said