ACTS
RESOLVES
PASSED BY THE
^mm\ (3{flttrt of Passaclmsdts
IN THE YEAR
1952
TOGETHER WITH
TABLES SHOWING CHANGES IN THE STATUTES, ETC.
PtTBLISHED BY
EDWARD J. CRONIN Secretary of the Commonwealth
BOSTON WRIGHT & POTTER PRINTING COMPANY 1952
ACTS AND RESOLVES
OF
MASSACHUSETTS
1952
The General Court, which was chosen November 7, 1950, assembled on Wednesday, the second day of January-, 1952, for its second annual session.
His Excellency Paul A. Dever and His Honor Charles F. Jeff Sullivan continued to serve as Governor and Lieutenant Governor, respectively, for the political year of 1952.
ACTS.
An Act authorizing the town of natick to borrow (J}iq^ \ money for school purposes. ^'
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. Section 1 of chapter 23 of the acts of 1949, as amended bj'' chapter 29 of the acts of 1951, is hereby further amended by striking out, in Hues 6 and 7, the words "one miUion three hundred thousand" and inserting in place thereof the words: — five milUon, — so as to read as fol- lows : — Section 1 . For the purpose of acquiring land for and constructing and originally equipping and furnishing school buildings, the town of Natick may borrow, from time to time, within a period of ten years from the passage of this act, such sums as may be necessary, not exceeding in the ag- gregate five million dollars, and may issue bonds or notes of the town therefor which shall bear on their face the words, "Natick School Loan, Act of 1949". Each authorized issue shall constitute a separate loan and such loans shall be paid in not more than twenty years from their dates. Indebted- ness incurred under this act shall be in excess of the statu- tory limit and shall, except as provided herein, be subject to chapter fortj^-four of the General Laws, including the limita- tion contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 16, 1952.
An Act authorizing the submission to the voters of the town of falmouth of the question of the ac- ceptance of certain provisions of law regulating the hours of duty of permanent members of fire departments.
Be it enacted, etc., as follows.
Section 1. Notwithstanding any contrary provisions of section fifty-eight A of chapter forty-eight of the General Laws, the question of the acceptance of said section may be submitted for acceptance to the voters of the town of Fal- mouth at its next annual town meeting in the form of the following question, which shall be placed upon the official ballot to be used for the election of toA^Ti officers at said meet- ing: — "Shall section fifty-eight A of chapter forty-eight of the General Laws, providing for a seventy-hour week for per- manent members of the fire departments, be accepted?" If
Chap.
4 Acts, 1952. — Chaps. 3, 4, 5.
a majority of the votes cast in answer to said question is in the affirmative, said section fifty-eight A shall take effect in said town ninety days thereafter.
Section 2. This act shall take effect upon its passage.
Approved January 16, 1952.
Chap. 3 An Act authorizing the use of facsimiles of the signa- tures OF THE CLERKS OF THE SENATE AND HOUSE OF
representatives. E^^rgency Whereas, The deferred operation of this act would prevent
the accomplishment of one of its purposes, which is to pro- vide for more expeditious handling of legislative documents, therefore it is hereby declared to be an emergency law, nec- essary for the immediate preservation of the public con- venience. Be it enacted, etc., as follows:
EdVa^new Chapter 3 of the General Laws is hereby amended by in-
§ i2A. added, scrtiug after section 12 the following section : — Section 12 A. BignatureroT' ^ Facsimiles of the signatures of the clerk of the senate and the 8e°naTe'derks clcrk of the housc of representatives on endorsements of bills, authorized. ' rcports of committees and other legislative documents shall have the same validity and effect as their written signatures.
Approved January 21, 1952.
Chap. 4 An Act authorizing the town of swampscott to borrow
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and originally equipping and furnishing an addition to an existing school building in the town of Swampscott, said town may borrow, from time to time within a period of five years from the pas- sage of this act, such sums as may be necessary, not exceed- ing, in the aggregate, five hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Swampscott School Building Loan, Act of 1952. Each authorized loan shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, inclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 23, 1952.
Chap. 5 An Act relative to the administration of municipal affairs in the town of easthampton.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any contrary provision of chapter twenty of the acts of nineteen hundred and eleven, or of any other provision of law, all the powers, rights, duties
Acts, 1952. — Chap. 6.
and liabilities of boards, commissions and oflScers in the town of Easthampton shall, on and after the effective date of this act, be exercised, performed and incurred as follows: — Those relating to highways, town ways, bridges, sidewalks, guide posts, monuments at the termini and angles of roads, sewers, drains, street watering, water pipes, gas pipes, conduits, and so-called chapter ninety highway construction and main- tenance, shall be exercised, performed and incurred by the board of public works; those relating to laying out and dis- continuance of ways shall be exercised, performed and in- curred by the planning board ; those relating to street light- ing, assessment of damages and betterments, shade trees, poles, wires, the granting of locations, rights or licenses for structures upon private land, or upon, under or over high- ways or other ways, and traffic rules and regulations, shall be exercised, performed and incurred by the board of select- men; those relating to public squares shall be exercised, per- formed and incurred by the park commission ; and those re- lating to playgrounds shall be exercised, performed and incurred by the recreation committee.
Section 2. All acts and proceedings of the board of select- men, the board of public works and the planning board of said town from July seventeenth, nineteen hundred and fifty to the effective date of this act, in so far as they may be in- valid by reason of being inconsistent with the provisions of chapter twenty of the acts of nineteen hundred and eleven, or any other provision of law, are hereby ratified and con- firmed and shall have the same eff'ect and validity as if the provisions of this act had been in effect at the time of such acts and proceedings.
Section 3. This act shall take effect upon its passage.
Approved January 26, 1952.
An Act authorizing annual rentals or charges for
THE use of the SEWER SYSTEM OR SYSTEMS IN THE TOWN OF STOUGHTON.
Be it enacted, etc., as follows:
Section 1. Chapter 86 of the acts of 1911 is hereby amended by inserting after section 7 the following section : — Section 7 A. Said board of sewer commissioners may, in its discretion, prescribe for the users of said sewer system or systems such annual rentals or charges based on the benefits derived therefrom as it may deem proper. All charges im- posed under authority of this section shall, from the time of assessment, constitute a lien upon the land connected with the common sewer.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
Chap.
6 Acts, 1952. — Chaps. 7, 8, 9.
Chap. 7 An Act authorizing the town of natick to vote at the
BIENNIAL STATE ELECTION IN THE CURRENT YEAR ON THE QUESTION OF THE ACCEPTANCE OF AN ACT TO ESTABLISH IN SAID TOWN REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEETINGS.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of sections twelve and thirteen of chapter two of the acts of nineteen hundred and thirty-eight, as amended, the question of the acceptance of an act to estabHsh in the town of Natick rep- resentative town government by limited town meetings shall be submitted to the registered voters of said town at the bien- nial state election in the current year in the form of the fol- lowing question which shall be placed upon the official ballot to be used in said town at said election: — "Shall an act passed by the general court in the year nineteen hundred and thirty-eight, entitled 'An Act to establish in the town of Natick representative town government by limited town meetings', be accepted by this town?" If a majority of the votes in answer to said question is in the affirmative, said act shall thereupon take etTect for all purposes incidental to the next annual town election in said town, and shall take full effect beginning with said election.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
Chap. 8 An Act authorizing the town of natick to use certain
PARK LAND FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Natick is hereby authorized to use such portion of Town park, also known as Memorial park, located in said town and situate between West street and Dug pond, so called, as the town, by vote passed at any an- nual or special town meeting within five years after the pas- sage of this act, shall determine, for the erection of a public school building or for other school uses, and for all purposes incidental thereto; and after such vote, such portion shall be under the same care and control as other school property.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
Chap. 9 An Act authorizing the barnstable fire district to
REIMBURSE M. JAMES SPROUL FOR MONEY EXPENDED IN connection with the INSTALLATION OF WATER MAINS IN SAID DISTRICT.
Be it enacted, etc., as follows:
Section 1. The Barnstable fire district is hereby author- ized to appropriate the sum of fourteen hundred and forty- seven dollars and thirty-four cents and pay the same to
Acts, 1952. — Chaps. 10, 11.
M. James Sproul, in full settlement of his claim against said district for reimbursement on account of money expended bj'' him in connection with the installation of, and providing materials for, water mains in the Common Fields section of the towTi of Barnstable; provided, that no payment shall be made hereunder unless and until said M. James Sproul shall have released to said district by proper instrument or instru- ments all right, title and interest he may have in said water mains.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
An Act authorizing the centerville-osterville fire QJin^ in
DISTRICT TO APPROPRIATE AND PAY A SUM OF MONEY TO ^'
JOHN B. LEBEL FOR MONEY EXPENDED BY HIM FOR A WATER MAIN EXTENSION AND THE INSTALLATION OF A HYDRANT.
Be it enacted, etc., as follows:
Section 1. The Centerville-Osterville fire district is hereby authorized to appropriate the sum of nine hundred and seventy-three dollars and twenty-five cents and pay the same to John B. Lebel to reimburse him for moneys expended by him for a water main extension and the installation of a hydrant in or on South street, a private way in said district; provided, that no payment shall be made hereunder unless and until said John B. Lebel shall have released to said dis- trict by a proper instrument all right, title and interest which he has in said water main extension and hydrant, nor unless and until said district shall have received or acquired permanent easements for the operation and maintenance of said water main extension in or on the aforesaid private way.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1952.
An Act authorizing the town of falmouth to convey Qhav 11
certain land to FALMOUTH AMVETS, POST #70.
Be it enacted, etc., as follows:
Section 1. The to\vn of Falmouth is hereby authorized to convey, in consideration of one dollar, to Falmouth Am- vets, Post #70 that parcel of land on the westerly side of Palmer avenue owned by the town and bounded and de- scribed substantially as follows : —
Easterly, by Palmer avenue; southerly, by land of John Giabbai and land now or formerly of Joseph Wood ; westerly, by said land now or formerly of Joseph Wood, and northerly, by land now or formerly of Ellsworth C. Handy, all as shown on sheet 38 of Falmouth Maps.
Section 2. This act shall take effect upon its passage.
Approved January 26, 1962.
8 Acts, 1952. — Chaps. 12, 13, 14.
Chap. 12 An Act placing the office of the chief of the fire department of the town of ludlow under the civil service laws.
Be it enacted, etc., as follows:
Section 1. The office of chief of the fire department in the town of Ludlow shall, upon the effective date of this act, become subject to the civil service laws and rules, and the tenure of office of any incumbent thereof shall be unlimited, subject, however, to said laws, but the person holding said office on said effective date shall continue to serve therein; provided, that he shall pass a qualifying examination to which he shall be subjected by the division of civil service.
Section 2. This act shall be submitted to the voters of said town at the next annual town meeting in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: "Shall an act passed by the General Court in the year nineteen hundred and fifty-two, entitled ' An Act placing the office of the chief of the fire department of the town of Ludlow under the civil service laws', be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise. Approved January 26, 1952.
Chap. 13 An Act authorizing the inhabitants of the town of
WATERTOWN TO SELL THE TOWN INFIRMARY AND CERTAIN LAND ADJACENT THERETO.
Be it enacted, etc., as follows:
Section 1. The inhabitants of the town of Watertown are hereby authorized to sell, dispose of, transfer and convey title to the town infirmary and the whole or any portion of land adjacent thereto, bounded in part by George street, land of the town of Watertown, Bailey avenue and Wilson avenue, used by the town heretofore in connection with said infirmary or as a poor farm and also to lay out, construct and maintain streets or public ways over any portion of said land and to construct, install, lay and maintain sewers, drains, storm water drains and water mains in any streets or public ways thereon.
Section 2. This act shall take full effect upon its accept- ance by a majority of the town meeting members present and voting thereon at an annual or special town meeting called for the purpose. Approved January 26, 1952.
Chap. 14 An Act relative to the issuance of certain policies
of life or endowment insurance without medical
examination.
Be it enacted, etc., as follows:
G^L. (Ter. Scctiou 123 of chapter 175 of the General Laws is hereby
§ i'23, etc., amended by striking out the second paragraph, as appearing
amended. ^^ chaptci 186 of the acts of 1943, so that said section will
Acts, 1952. —Chaps. 15, 16.
read as follows: — Section 123. No life company shall issue issuance of
!• riT J J. • 'j-U' certain life
any policy of life or endowment insurance m this common- insurance wealth except upon a written application therefor signed or ^°gtj^t;d assented to in writing by the person to be insured, provided, that such a company may issue a policy on the life of a minor under the age of fifteen on an application signed by the parent, guardian or other person having legal custody of such minor.
This section shall not apply to contracts based upon the continuance of life, such as annuity or pure endowment con- tracts, whether or not they embody an agreement to refund, upon the death of the holder, to his estate or to a specified payee, any sum not exceeding the premiums paid thereon with compound interest, nor shall it apply to contracts of group life insurance.
Any company violating this section, or anj^ officer, agent Penalty, or other person soliciting or effecting, or attempting to effect, a contract of insurance contrary to the provisions hereof, shall be punished by a fine of not more than one hundred dollars. Approved January 26, 1952.
An Act relative to the powers of certain constables Qfiav 15 IN relation to the enforcement of motor vehicle
LAWS and regulations.
Be it enacted, etc., as follows:
The sixth sentence of section 29 of chapter 90 of the Gen- g l. (Ter. eral Laws, as appearing in section 1 of chapter 477 of the etc!, 'amended*, acts of 1935, is hereby amended by adding at the end the following clause: — ; provided, however, that no constable or special constable shall stop or arrest any person for viola- tion of a motor vehicle law unless such constable or special constable is in uniform or displays his badge conspicuously on the outside of his outer coat or garment.
Approved January 26, 1952.
An Act authorizing the town of millis to use certain CJiav. 16
PARK LAND FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Millis is hereby authorized to use for school purposes as much land as is necessary of the public park contiguous to the high school situated off Main street.
Section 2. This act shall take full effect upon its accept- ance by said town at its next annual town meeting.
Approved January 26, 1952.
10 Acts, 1952. — Chaps. 17, 18.
Chap. 17 An Act authorizing the inhabitants of the town op
WATERTOWN TO CONSTRUCT AND MAINTAIN A PARKING LOT ON CERTAIN LAND NOW USED FOR A TOWN DUMP.
Be it enacted, etc., as follows:
Section 1. The inhabitants of the town of Watertown are hereby authorized and enabled to locate, lay out, con- struct, use and maintain the whole or any portion or portions of the land heretofore used by the town as a dump, known as McNamara dump, situated in that portion of said town com- monly called East Watertown and bounded in part by Grove street, Coolidge avenue and Glen road, for a parking lot or lots and a public or private way or ways.
Section 2. This act shall take full effect upon its accept- ance by a majority of the town meeting members present and voting thereon at an annual or special town meeting called for the purpose. Approved January 26, 1952.
Chap. 18 An Act authorizing the town of weymouth to use
certain LAND NOW HELD FOR PLAYGROUND PURPOSES FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows. •
Section 1. The town of Weymouth is hereby authorized to use a portion of the following described parcel of land which was acquired by said town for playground purposes for the purposes of constructing an addition to the James Humphrey school : — Certain land lying easterly of the grounds of the James Humphrey school and containing ap- proximately three acres bounded southeasterly in part by land of Dominick Corbo and in part by land of the said school, westerly approximately one hundred feet by Whit- man street; northerly approximately one hundred sixty- five feet by land retained by Pasquale Pepe; westerly again bound one hundred feet by land retained by said Pasquale Pepe; northeasterly by Randall avenue and for a short distance by land of James E. Downs; southeasterly by land of Vincenzo Cavallo and others; land of John Costa; and land of Dominick Corbo and also another piece of land adjoining the above described land the same being a small triangle belonging to Dominick Corbo and also certain other land lying westerly of said school grounds for the same pur- pose containing about three quarters of an acre belonging to the estate of Christopher Skelley bounded southeasterly by Lake street about sixty-five feet; southeasterly by land formerly of said Skelley one hundred and fifty feet; south- easterly again by land formerly of said Skelley one hundred feet; southwesterly again by a private way about one hun- dred and fifty-five feet; northwesterly by land of Pasquale Revale; and northeasterly by the James Humphrey school playground.
Acts, 1952. —Chaps. 19, 20. 11
Section 2. This act shall take full effect upon its accept- ance by a majority of the town meeting members of said town present and voting thereon at a regular or special town meeting, but not otherwise. Approved January 26, 1952.
An Act to authorize the placing of the office of Chap. 19
CHIEF of police OF THE TOWN OF MARSHFIELD UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The ofl&ce of chief of police of the town of Marshfield shall, upon the effective date of this act, become subject to the civil service laws and rules, and the tenure of office of any incumbent thereof shall be unlimited, subject, however, to said laws. The incumbent of said office on said effective date shall be subjected to a qualifying examination for said office by the division of civil service. If said incum- bent passes said examination he shall be certified for said office and shall be deemed to be permanently appointed thereto without serving any probationary period, and his tenure of office shall be unlimited, subject, however, to the provisions of said laws.
Section 2. This act shall be submitted to the voters of said town at the annual town meeting in the current year in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: — "Shall an act passed by the General Court in the year nineteen hundred and fifty-two, entitled 'An Act to authorize the placing of the office of chief of police of the town of Marshfield under the civil service laws', be accepted?" If a majority of the votes in answer to said question is in the affirmative, this act shall take full effect, but not otherwise.
Approved Janitary 28, 1952.
An Act to establish the selectmen-town manager Phn^ 20
FORM OF GOVERNMENT IN THE TOWN OF DEDHAM. ^'
Be it enacted, etc., as follows:
Section 1. Acceptance. — This act shall be submitted for acceptance to the qualified voters of the town of Dedham at the first annual town election after passage of this act, in the form of the following question which shall be placed upon the ballot at said election: "Shall an act passed by the Gen- eral Court in the year nineteen hundred and fifty-two en- titled 'An Act to Establish the Selectmen-Town Manager Form of Government in the Town of Dedham', be accepted by the town?" If a majority of the voters voting on this question shall vote in the affirmative, said act shall take effect immediately for the purposes of the next annual town election, and shall take full effect beginning with said next election. If this act is rejected when so submitted it shall be
12 Acts, 1952. — Chap. 20.
again submitted at the next following annual town election and if accepted shall take effect as hereinbefore provided. If rejected for the second time it shall become void.
Section 2. Election of Selectmen. — At the first annual town election following acceptance of this act, the qualified voters of the town of Dedham shall elect five selectmen, of whom two shall serve for terms of three years, two for two years and one for one year. At each annual town election thereafter the voters shall elect in place of those selectmen whose terms are about to expire an equal number of select- men to serve for terms of three years. The selectmen in office at the time of said first election and at the time of each subsequent election shall continue in office until their suc- cessors are elected and qualified.
Section 3. Duties of Selectmen. — The selectmen shall have and exercise all of the powers, duties and responsibilities now or hereafter conferred or imposed upon boards of select- men by any provision of law, except as otherwise specifically provided by this act. The selectmen shall be responsible for formulating a general policy for administering the affairs of the town. They may advise the town manager in any mat- ters pertaining to the duties of his office. They shall be re- sponsible for the furnishing of information to the voters and the public as to the affairs of the town, and may represent the town at public gatherings. The selectmen shall require the town manager to prepare for their approval, and they shall adopt, subject to amendment from time to time in like manner, a code for the administration of the town of Ded- ham respecting any matters pertaining to the organization of departments, offices, boards or committees under the con- trol of the town manager and the procedures employed in the administration thereof. The selectmen shall receive such compensation, if any, as the town may by vote determine.
Section 4. Appointments by Selectmen. — The selectmen shall appoint, and may remove for cause, a town manager as hereinafter provided, a board of appeal, constables, regis- trars of voters, election officers except the town clerk, and the trustees of trust funds not otherwise provided for.
Section 5. Effect on Applicability of Laws and By-Laws; Contracts. — Nothing in this act shall be construed to affect in any manner the operation or applicability to the town of Dedham of any general or special law now or hereafter in effect, except so far as may be expressly provided herein. Any by-laws in effect at the time of acceptance of this act, in so far as they are consistent with the provisions thereof, shall not be affected thereby, but any such by-laws, or por- tions thereof, inconsistent therewith shall be annulled. No contract existing and no action at law or suit in equity or other proceeding pending at the time this act is accepted or at the time of revocation of such acceptance shall be affected by such acceptance or revocation.
Section 6. Election of Town Meeting Members and Officers. — At said first annual town election, and annually
Acts, 1952. — Chap. 20. 13
thereafter, the voters shall continue to elect town meeting members, a moderator, a school committee, members of the Dedham housing authority and a board of selectmen as pro- vided in section two; and unless otherwise provided by by- law, the moderator shall continue to appoint a finance com- mittee and such other committees as the town may authorize.
Any person elected or appointed for a specific term of years to any office, board, commission or committee continued by this act and holding such office at the time of acceptance of this act shall be entitled to remain in the employ of the town until the expiration of his term. Every elective or appointive office, board, commission or committee not continued by this act shall be terminated as hereinafter provided, any other provision of the law to the contrary notwithstanding. The term of office of any person elected to any office, board or commission existing at the time of such acceptance and terminated hereunder shall continue until the election next following such acceptance and until the appointment and qualification of his successor, if any, and thereafter the said oJSices, boards or commissions may be terminated, under the provisions of section fourteen, and all powers, duties and obligations conferred or imposed thereon by law, except as hereinafter provided, shall be conferred and imposed upon the selectmen and exercised by the town manager.
Section 7. School Committee. — Nothing in this act shall be construed to affect the powers and duties of the school committee as provided by law; provided, however, that said committee may make an agreement with the select- men whereby the town manager shall be assigned responsi- bility for the maintenance or repair of school buildings or grounds, the purchase of any supplies or equipment, or the preparation of any plans for construction or improvement of school buildings or property or the supervision of such work.
Section 8. Powers and Duties of Certain Officers. — Ofiicers, boards, commissions and committees under the supervision of the town manager shall possess all the powers and rights and shall be subject to all the duties and liabilities specifically conferred or imposed by any applicable provision of law upon them or upon officers, boards, commissions or committees having corresponding powers and duties, but in the performance thereof, they shall be subject to the general supervision of the town manager. They shall be sworn to the faithful performance of their duties by the chairman of the selectmen or by a justice of the peace.
Section 9. Multiple Offices. — The town manager, or a member of the board of selectmen or of the school committee or of the finance committee shall, during the term for which he was elected or appointed, be ineligible either by election or appointment to hold any other town office or employment. The town accountant shall not be eligible to hold the posi- tion of town treasurer or the position of town collector.
Section 10. Appointment of Town Manager. — Forth- with after the election of the selectmen first elected under
14 Acts, 1952. — Chap. 20.
the provisions of this act, or after a vacancy occurs in the office of town manager, the selectmen shall appoint, for a term of three years, a town manager who shall be a person especially fitted by education, training and experience to perform the duties of the office. He need not be a resident of the town or of this commonwealth when appointed but shall, if so requested by the board of selectmen, reside in the town during his term of office. He shall not during one year prior to his appointment have held any elective office in the town of Dedham. He may be appointed for successive terms of office. Before entering upon the duties of his office the town manager shall be sworn to the faithful and impartial performance thereof by the chairman of the selectmen.
Section 11. Appointment of Temporary Manager. — Pending the appointment of a town manager or the filling of any vacancy, or during any suspension of a town manager, the selectmen shall appoint, for a period not exceeding a total of ninety days, a suitable person to perform the duties of the office.
Section 12. Removal of Manager. — The selectmen, bj'^ an affirmative vote of at least three members of the board, may remove the town manager by written notice delivered to him forthwith and to become effective in thirty days from the date of said notice, copy of which shall be filed with the town clerk, setting forth in detail the specific reasons for his removal.
The manager, in writing within the said thirty days, may request a public hearing. If the manager so requests, the board of selectmen shall hold a public hearing not earlier than twenty days nor later than thirty days following re- ceipt of such request. After such public hearing, if any, and, after full consideration, the selectmen, by an affirmative vote of at least three members of the board, may adopt a final resolution of removal which shall become effective forthwith. If such final resolution is not so adopted by the board of selectmen, any suspension hereunder shall be ter- minated and the town manager shall continue in office as though no action for removal had taken place.
The selectmen may, at any time after a notice of removal has been delivered, suspend the manager from duty, but shall in any case cause to be paid to him forthwith any ac- crued salary and may at their discretion pay his salary for a period not exceeding three months following the notice of his removal.
Section 13. Compensatian of Manager. — The town manager shall receive such compensation, not exceeding the amount appropriated therefor, as the selectmen shall de- termine.
Section 14. Powers and Duties of Manager. — In addi- tion to any specific powers and duties provided in this act the town manager shall have the general powers and duties enumerated in this section : —
(a) The town manager shall be responsible for super-
Acts, 1952. — Chap. 20. 15
vising the administration of all departments and activities of the town except those headed by officers, boards, com- mittees or commissions elected by the voters or appointed by the selectmen or by the moderator.
(b) The town manager, in accordance with the provisions of this act and except as otherwise expressly prohibited by the General Laws, may reorganize, consolidate or abolish departments, commissions, boards or offices under his super- vision, in whole or in part, may establish such new depart- ments, commissions, boards or offices as he deems necessary, and, in so doing, may transfer the duties and powers and, so far as possible in accordance with the vote of the town, the appropriation of one department, commission, board or office to another.
(c) Except as otherwise provided by this act, the town manager shall appoint upon merit and fitness alone, for such terms of office, if any, as he may deem appropriate, and may for cause, subject to the provisions of chapter thirty-one of the General Laws, where applicable, remove: a town clerk, a town counsel, a board of assessors, a treasurer, a town collector, a director of public works, a board of health, a board of public welfare, a board of tiTistees of the public library, a chief of the fire department, a chief of the police department, a planning board and such other officers and employees as he may deem necessary to carry out the powers and duties imposed upon him by this act, except that each department head may appoint and remove employees in his department.
Officers and employees not subject to chapter thirty-one of the General Laws may be suspended from duty but shall not be removed by the town manager or any department head except on thirty days' notice in writing setting forth the cause of such removal. Such officer or employee shall, during said thirty days, have the right of appeal to the board of selectmen which shall act as a board of appeal, and said board shall, after full consideration, make a decision which shall be final.
(d) The town manager shall fix the compensation of all town officers and employees within the scope of his super- vision, subject to any applicable provisions of chapter thirty- one, and, if applicable, of section one hundred and eight A of chapter forty-one of the General Laws.
(e) It shall be the duty of the town manager to attend all regular meetings of the board of selectmen except meetings at which his removal is being considered.
(/) The town manager shall keep full and complete records of his office, and shall render as often as may be re- quired by the selectmen a full report of any operations under his supervision.
(g) The to\\Ti manager shall keep the selectmen fully ad- vised as to the needs of the town and shall recommend to the selectmen for adoption such measures requiring action by them or by the town as he may deem necessary or expedient.
16 Acts, 1952. — Chap. 20.
(h) The town manager shall have jurisdiction over and be responsible for the planning, construction, reconstruction, alteration, repair, improvement, use and rental of all town property except as hereinbefore provided with respect to schools and except as otherwise specifically voted by the town.
(i) Except as otherwise provided by this act, the town manager shall purchase all supplies, materials and equip- ment, and shall award all contracts for all departments and activities of the town; provided, however, that any such contract involving an amount in excess of five thousand dol- lars shall be subject to the approval of the board of selectmen.
(j) The town manager shall administer, either directly or through a person or persons appointed by him in accordance with this act, all provisions of general and special law ap- plicable to the town of Dedham and all by-laws of the town, within the scope of his duties, and all regulations by the selectmen.
(k) The town manager shall, with the approval of the selectmen, have the authority to prosecute, defend and com- promise all litigation to which the town is a party, and to employ special counsel whenever in his judgment it may be necessary.
(I) The town manager shall perform such other duties, consistent with his office, as may be required of him by the by-laws or vote of the town or by vote of the selectmen.
(w) The town manager shall have access to all town books, records and papers for information necessary for the proper performance of his duties. He may without notice cause the affairs of any department or activity under his control or the conduct of any officer or employee appointed by him to be examined.
Section 15. Designation of Acting Manager. — The town manager shall, by letter filed with the town clerk, designate a qualified employee of the town, subject to the approval of the selectmen, to perform his duties during his temporary absence or disability. In the event the manager should fail to make such designation, the selectmen shall so designate a qualified town employee to perform the duties of the town manager until he shall return or his disability shall cease.
Section 16. Approval of Warrants. — Warrants for the payment of all town funds prepared by the town accountant in accordance with the provisions of section fifty-six of chap- ter forty-one of the General Laws shall be submitted to the board of selectmen. The approval of any such warrant by the board of selectmen shall be sufficient authority to au- thorize payment by the town treasurer. The board of select- men may, at their discretion, delegate to the manager the authority to approve the said warrants.
Section 17. Investigation of Claims. — Whenever any claim against the town is presented, the town manager shall, if the same seems to him to be valid, not excessive in amount, or otherwise contrary to the interests of the town, approve it.
Acts, 1952. — Chap. 20. 17
Otherwise he shall refer it to the selectmen who shall imme- diately investigate the facts and determine what, if any, payment should be made. Pending such investigation and determination by the selectmen, payment shall be withheld.
Section 18. Contracts of Toivn Officers with the Town. — It shall be unlawful for any selectman, the town manager, or any other elective or appointive official of the town, directly or indirectly, to make a contract with the town, or to receive any commission, discount, bonus, gift, contribu- tion or reward from, or any share in the profits of, any per- son or corporation making or performing such a contract, unless the official concerned, inunediately 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 ofiicial 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 such a contract on behalf of the town, the contract may be made by another officer of the town duly authorized thereto by vote of the selectmen. Violation of any provision of this section shall render the contract in respect to which such violation occurs voidable at the option of the town.
Section 19. Annual Budget. — All officers, boards and commissions, except the school committee, of the town shall submit to the town manager in writing detailed estimates of appropriations required for the efficient and proper conduct of their respective departments and offices and such further information, in such form and at such times, as the manager may require. Not less than thirty days prior to the date set by the finance committee each year for review of the annual budget, the town manager shall prepare and submit to the finance committee a budget for the ensuing year and any supplementary information in such form and detail as they deem necessary or the town may require by by-law.
Section 20. Investigations or Surveys. — For the purpose of making investigations or surveys, the town manager may expend such sums for the employment of experts, counsel and other assistants, and for other expenses in connection therewith, as the town may appropriate for such purpose.
Section 21. Revocation. — At any time after the expira- tion of three years from the date of acceptance of this act, a petition signed by not less than ten per cent of the regis- tered voters of the town may be filed with the selectmen, re- questing that the question of revoking the acceptance of this act be submitted to the voters at the following annual town election. The selectmen shall thereupon direct the town clerk to cause the said question to be printed on the official ballot to be used at the next annual town election in the following form: — "Shall the acceptance by the town of Dedham of an act passed by the General Court in the year nineteen hundred and fifty- two, entitled 'An Act to establish the Selectmen-Town Manager Form of Government in the
18 Acts, 1952. — Chap. 21.
Town of Dedham', be revoked?" If such revocation is favored by a majority of the voters voting thereon, this act shall cease to be operative on and after the next annual town election except as hereinafter provided. All general laws respecting town administration and town officers, and any special laws relative to said town, the operation of which has been suspended or superseded by acceptance of this act, shall be revived forthwith for the purposes of the next following town election and shall be revived in their entirety on and after said election. By-laws in force when such revocation takes effect, so far as they are consistent with general laws respecting town administration and town officers and with special laws relating to said town, shall not be affected thereby, but any other by-laws inconsistent with such gen- eral or special laws shall be annulled. If such revocation is not favored by a majority of the voters voting thereon, no further petition therefor shall be filed under this section oftener than once in every three years thereafter.
Approved January 30, 1952.
Chap. 21 An Act authorizing the placing of the office of chief OF police of the town of north reading under the CIVIL service laws.
Be it eruLcted, etc., as follows:
Section 1. The office of chief of police of the town of North Reading shall, upon the effective date of this act, be- come subject to the civil service laws and rules relating to police officers in towns and the tenure of office of any in- cumbent thereof shall be unlimited, subject, however, to said laws and rules. The incumbent of said office on Janu- ary first, nineteen hundred and fifty-two, shall be subjected to a qualifying examination for said office by the division of civil service. If said incumbent passes said examination, he shall be certified for said office and shall be deemed to be permanently appointed thereto without serving any pro- bationary period, and his tenure of office shall be unlimited, subject, however, to the provisions of said laws and rules.
Section 2. This act shall be submitted to the voters of said town at the annual town meeting or a special town meeting in the current year in the form of the following question, which shall be placed, in the case of an annual meeting, upon the official ballot to be used for the election of town officers at said meeting, or in case of a special town meeting, upon the ballot to be used at said meeting : — "Shall an act passed by the General Court in the year nineteen hundred and fifty-two, entitled 'An Act Authorizing the Placing of the Office of Chief of Police of the Town of North Reading under the Civil Service Laws,' be accepted?" If a majority of the votes in answer to said question is in the , affirmative, this act shall take full effect, but not otherwise.
Approved January 30, 1952.
Acts, 1952. — Chaps. 22, 23. 19
An Act authorizing the town of nantucket to borrow (jJmj) 22
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Nantucket is hereby authorized to place on the official ballot to be used at the annual town election, or at a special town election called for the purpose, in said town in the current year, the following question : — "Shall the town vote to raise and appropriate the sum of eight hundred thousand dollars for the purpose of construct- ing a high school building or buildings, according to plans and specifications drawn by the firm of Anderson-Nichols & Company of Boston, on land owned by the town, and for originally equipping and furnishing said building or build- ings: to appropriate the sum of twenty thousand dollars from the excess and deficiency account; and to authorize the treasurer, with the approval of the selectmen, to borrow the sum of five hundred thousand dollars under authority of chapter forty-four of the General Laws and the sum of two hundred and eighty thousand dollars under authority of chap- ter six hundred and forty-five of the acts of nineteen hundred and forty-eight, as amended by chapter four hundred and forty-seven of the acts of nineteen hundred and fifty-one, and to issue bonds or notes of the town therefor, said bonds or notes to be payable in accordance with the provisions of chapter forty-four of the General Laws so that the whole loan shall be paid in not more than twenty years from date of issue of the first bond or note? " If two thirds of the votes on said question are in the affirmative, the appropriation of eight hundred thousand dollars for the above purposes shall take effect forthwith ; but not otherwise.
Section 2. Any action taken by the town of Nantucket at a meeting during the current year shall be as valid and effective as though this act were in full force and effect at the time of the posting of the warrant for said meeting.
Approved January 31, 1952.
An Act authorizing the town of wayland to use cer- (Jfiap 23 tain park land for school purposes.
Be it enacted, etc., as follows:
Section 1. The town of Wayland is hereby authorized to use for school and school yard purposes an additional por- tion of the town playground, so called, located in the center of said town adjacent to a portion of said playground now being used for school purposes under authority granted by chapter forty-nine of the acts of nineteen hundred and thirty- four and chapter tliree hundred and fourteen of the acts of nineteen hundred and forty-eight, said additional portion being bounded and described as follows: —
Beginning at the southwesterly corner of property of Allen H. Morgan, thence running southwesterly, by park land three
20 Acts, 1952. — Chaps. 24, 25.
hundred and fifty-two and thirty-six hundredths feet to a point; thence running northwesterly, by park land five hun- dred and twenty-eight and ninety-two hundredths feet to a point; thence running southeasterly, by school land of the town of Way land four hundred and sixty-four feet to a point; thence running northeasterly, by said school land two hun- dred and sixteen and sixteen hundredths feet to the point of beginning; all as shown on a plan entitled "Plan of Land in Wayland, Mass. Park Land to be Used for School Purposes" dated Dec. 4, 1951 by Everett M. Brooks Co., Civil Engi- neers, to be recorded.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1962.
Chap. 24 An Act authorizing the town of wayland to use cer- tain PARK LAND FOR CEMETERY PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Wayland is hereby authorized to use for cemetery purposes a portion of the park land lo- cated adjacent to Lakeview cemetery in said town, said por- tion being bounded and described as follows : —
Beginning at the southwesterly corner thereof at the in- tersection of land of Lakeview cemetery, of the Common- wealth of Massachusetts, and of said park land; thence running northeasterly, by said Lakeview cemetery about three hundred and thirty feet to a corner; thence running northerly, by said Lakeview cemetery one hundred and ninety-eight and ninety-four one hundredths feet to a point; thence running southwesterly, by the remaining land of said park about three hundred and eighty-seven feet to a point; thence running southerly, along the line between said park and land of the Commonwealth of Massachusetts and an extension of said line one hundred and seventy-five feet to the point of beginning; all as shown on a plan entitled "Plan of Land in Wayland, Mass. Park Land to be used for Ceme- tery Purposes" dated Dec. 5, 1951, by Everett Brooks Co., Civil Engineers, to be recorded.
The land so used shall be under the same care and control as other cemetery property.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1952.
Chap. 25 An Act relative to further stay of judgment and execution in actions of summary process.
Emergency Whercas, The deferred operation of this act would tend in
preamble. ^^^ ^^ defeat its purpose, which is to provide the courts with
further discretionary authority to prevent serious hardships
in eviction cases arising out of the present severe housing
shortage, therefore it is hereby declared to be an emergency
Acts, 1952. — Chap. 26. 21
law, necessary for the immediate preservation of the public health and convenience.
Be it enacted, etc., as follows:
Section 2 of chapter 43 of the acts of 1946, as most recently amended by chapter 30 of the acts of 1951, is hereby further amended by striking out, in hne 3, the word "fifty-two" and inserting in place thereof the word: — fifty-four, — so as to read as follows: — Section 2. This act shall become inoper- ative on March thirty-first, nineteen hundred and fifty-four.
Approved February 4, 1952.
An Act relative to the sale by the city of boston (JJku) 26 OF certain buildings relocated by it in the east ^'
BOSTON district OF SAID CITY.
Be it enacted, etc., as follows:
Section 1. Any provision or provisions of general or special law to the contrary notwithstanding, the city of Boston, acting by its treasurer, without further authority than that contained in this act, is hereby authorized and directed to dispose of every building relocated by it under section one of chapter one hundred and ninety-one of the acts of nineteen hundred and forty-nine and of the lot upon which such building has been relocated either (a) by private sale to the person or persons who owned the building at the time of its acquisition for the purposes of chapter six hun- dred and ninety-two of the acts of nineteen hundred and forty- five, as amended, or any of them, or to any heir or devisee of any such person, or to a person residing in the building at such time, for such sum as said treasurer shall determine to be just and equitable, or (b) by sale to the highest bidder at a public auction at which the auctioneer shall be the auctioneer in the office of the board of real estate commissioners of said city and at which the right may be re- served to reject all bids below such sum. The treasurer of said city shall, in the name and behalf of said city, execute and deliver any deed necessary to effectuate any sale under this act. Section sixty-three of chapter forty-four of the Gen- eral Laws shall not apply to the proceeds of any such sale; but said proceeds may be used for general municipal pur- poses. No private sale shall be made under this act, unless the terms of the proposed sale, together with all pertinent facts, shall have been submitted to the Boston finance com- mission at least ten days before such sale. A certificate of compliance with the provisions of the preceding sentence made by the secretary or chairman of the Boston finance commission and annexed to any deed executed under this act shall be conclusive evidence of such compliance. A re- cital in any deed executed under this act that the grantee named therein is a person who owned the building at the time of its acquisition for the purposes of chapter six hun- dred and ninety-two of the acts of nineteen hundred and
22 Acts, 1952. — Chaps. 27, 28.
forty-five, as amended, or the heir or devisee of such a per- son, or a person residing in the building at such time, or the highest bidder at a pubhc auction, shall be conclusive evi- dence of such fact.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1952.
Chav. 27 An Act authorizing the dennis water district to ap- propriate AND PAY A SUM OF MONEY TO E. ROSCOE ALLEN FOR MONEY EXPENDED BY HIM FOR A WATER MAIN EX- TENSION.
Be it enacted, etc., as follows:
Section 1. The Dennis Water District is hereby au- thorized to appropriate the sum of three hundred and nine dollars and pay the same to E. Roscoe Allen of the town of Dermis to reimburse him for money expended by him for a water main extension along a town way, said reimbursement having been voted by said district under Article 21 of its an- nual warrant on March twenty-first, nineteen hundred and fifty-one.
Section 2. This act shall take effect upon its passage.
Approved February 4, 1952.
Chav. 28 An Act relative to the tenure of office of the pres- ent CHIEF OF police OF THE TOWN OF STURBRIDGE.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of chief of police in the town of Sturbridge on the effective date of this act shall hold office during good behavior unless incapacitated by physical or mental disability from performing the duties of chief of police and until the selectmen shall remove him there- from in accordance with the provisions of chapter thirty-one of the General Laws, and the rules made thereunder, relative to removals from the classified public service. Whenever the tenure created by this act shall terminate, the selectmen of said town shall appoint a successor to the said incumbent, who shall hold office under the provisions of chapter forty- one of the General Laws.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town meeting in the year nineteen hundred and fifty-two in the form of the fol- lowing question, which shall be placed upon the official bal- lot 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 fifty-two, entitled 'An Act relative to the tenure of office of the present chief of police of the town of Sturbridge' be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise.
Approved February 4, 1952.
Acts, 1952. — Chaps. 29, 30. 23
An Act to authorize the placing of the office of Qfiav. 29
JANITOR IN the SEVERAL PUBLIC SCHOOL BUILDINGS AND IN THE COMBINED TOWN HALL AND HIGH SCHOOL BUILD- ING IN THE TOWN OF SOUTH HADLEY UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of janitor in the several public school buildings and in the combined town hall and high school building in the town of South Hadley shall, upon the effective date of this act, become subject to the civil service laws and rules, and the term of office of any incumbent thereof shall be unlimited, except that he may be removed in accord- ance with such laws and rules; but any person holding said office on said effective date may continue therein ; provided, that he passes a qualifying examination to be given by the division of civil service.
Section 2. Chapter 60 of the acts of 1951 is hereby re- pealed.
Section 3. This act shall be submitted for acceptance to the voters of said towTi at the next annual town meeting in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: — "Shall an act passed by the General Court in the year nineteen hundred and JBf ty-two, entitled 'An Act to authorize the placing of the office of janitor in the several public school buildings and in the combined town hall and high school building in the tOAvn of South Hadley under the civil service laws', be accepted?" If a majority of the votes in answer to said question is in the affirmative, this act shall thereupon take full effect, but not otherwise.
Approved February 4, 1952.
An Act providing for a five day work week for police Chap. 30
OFFICERS OF THE TOWN OF NEEDHAM.
Be it enacted, etc., as follows:
Section 1, Notwithstanding any other provision of gen- eral or special law, the services of all police officers of the town of Needham shall be restricted to five days in any one week; provided, that, in case of any public emergency, or of any unusual demand for the services of said police, service in excess of five days may be authorized by the chief of police, and such additional services shall be compensated for as overtime. The compensation payable to any police officer shall not be reduced by reason of acceptance of this act.
Section 2. This act shall be submitted to the registered voters of the town of Needham 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 in said town at said election: — "Shall an act passed by the
24 Acts, 1952. — Chaps. 31, 32.
General Court in the year nineteen hundred and fifty-two, entitled 'An Act providing for a five day work week for police officers of the town of Needham' be accepted?" If a ma- jority of the votes in answer to said question is in the affirm- ative, this act shall take full effect on May first, nineteen hundred and fifty-two, but not otherwise.
Approved February 4, 1952.
Chap. 31 An Act authorizing the directors of the mutual sav- ings CENTRAL FUND, INC. TO REDUCE OR W^AIVE ANNUAL
ASSESSMENTS.
Be it enacted, etc., as follows:
Section 1 of chapter 43 of the acts of 1934, as most re- cently amended by section 2 of chapter 149 of the acts of 1939, is hereby further amended by striking out the third sentence, and inserting in place thereof the following sen- tence:— On October first, nineteen hundred and thirty-nine, and on October first of each year thereafter while a member bank, such bank shall pay to the corporation an annual as- sessment equal to one sixteenth of one per cent of its deposits, exclusive of its club deposits, as shown by its last preceding annual report to the commissioner; provided, however, that the directors may, with the approval of the commissioner, by action taken not more than sixty days prior to the first of October of each year reduce the rate of said annual assess- ment or waive the same. Approved February 4, 1952.
Chap. 32 An Act relative to the filing and indexing of bus- iness CERTIFICATES AND THE FORM OF SUCH CERTIFI- CATES.
Be it enacted, etc., as follows. •
G. L (Ter. SECTION 1. Chapter 110 of the General Laws is hereby
etc!, amended', amended by striking out section 5, as amended by section 15 of chapter 550 of the acts of 1948, and inserting in place Filing of thereof the following: — Section 5. Any person conducting
stating^eai business in the commonwealth under any title other than the ^Mon^dofng ^^^^ name of the person conducting the business, whether in- business^ (iividually or as a partnership, shall file in the office of the
^^ ^^ ' clerk of every city or town where an office of any such per- son or partnership may be situated a certificate stating the full name and residence of each person conducting such busi- ness, the place, including street and number, where, and the title under which, it is conducted, and pay the fee as provided by clause (20) of section thirty-four of chapter two hundred and sixty-two. A person who has filed such a certificate shall, upon his discontinuing, retiring or withdrawing from such business or partnership, or in the case of a change of resi- dence of such person or of the location where the business is conducted, file in the office of said clerk a statement under
Acts, 1952. — Chap. 33. 25
oath that he has discontmued, retired or withdrawn from such business or partnership, or of such change of his resi- dence or change of the location of such business, and pay the fee required by clause (21) of said section thirty-four. In the case of the death of such a person, such statement may be filed by the executor or administrator of his estate. The clerk shall keep a suitable index of all certificates so filed with him, setting forth the pertinent facts, including a reference to any statement of discontinuance, retirement or withdrawal from, or change of location of, such business, or change of residence of such person. Violations of this section shall be punished by Penalty. a fine of not more than one hundred dollars for each month during which such violation continues.
Section 2. Section 34 of chapter 262 of the General Laws g. l. (Ter. is hereby amended by striking out clause (21), as appearing § 34.' etc..' in section 1 of said chapter 550 of the acts of 1948, and in- amended. serting in place thereof the following : —
(21) For the filing by a person conducting business under Fee. any title other than his real name of a statement of change of his residence, or of his discontinuance, retirement or with- drawal from, or of a change of location of, such business, fifty cents. Approved February 4, 1952.
An Act relative to the tenure of office of the pres- C^av. 33
ENT treasurer OF THE TOWN OF ARLINGTON.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of treasurer in the town of Arlington, on the effective date of this act, shall hold office during good behavior unless incapacitated by physical or mental disability from performing the duties of treasurer and until the selectmen shall remove him therefrom in accord- ance with the provisions of chapter thirty-one of the General Laws, and the rules made thereunder, relative to removals from the classified public service. Any vacancy in the office of treasurer in said town while said incumbent is holding of- fice during good behavior as provided by this act shall be filled by election by a vote of a majority of its selectmen, and said treasurer shall serve until the next regular town election, at which election a treasurer shall be elected as pro- vided by law.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town meeting in the current year, or in the year following its enactment, 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 fifty-two, entitled 'An Act Relative to the Tenure of Office of the Present Treasurer of the Town of Arlington' be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise. Approved February 5, 1952.
26
Acts, 1952. — Chaps. 34, 35.
Emergency preamble.
Chap. 34 An Act relative to credit extension to policyholders
OF MUTUAL FIRE INSURANCE COMPANIES.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for the extension of credit to poHcyholders of mutual fire insurance companies, 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:
Section 81 of chapter 175 of the General Laws, as appear- ing in the Tercentenary Edition, is hereby amended by adding at the end of the first sentence the following : — ; pro- vided, that this section shall not be construed to prohibit extension of credit to policyholders with respect to such premium, — so as to read as follows: — Section 81. Mu- tual fire companies, except as provided in the following section, shall charge and collect upon their policies a full mutual premium in cash or, except as provided in section seventy-three, in notes absolutely payable; provided, that this section shall not be constmed to prohibit extension of credit to policyholders with respect to such premium. Any such company shall in its by-laws and policies fix the con- tingent mutual liability of its members for the payment of losses and expenses not provided for by its cash funds, which liability shall not be less than an amount equal to and in addition to the cash premium written in his policy. The total amount of the liability of the policyholder shall be plainly and legibly stated upon the filing-back of each policy. Whenever any reduction is made in the contingent liability of members, such reduction shall apply proportionally to all policies in force. Approved February 8, 1952.
G. L. (Ter. Ed.), 175, I 81, amended.
Credit exten- sion to policy- holders of mutual fire insurance companies, authorized.
Chap. 35 An Act relative to the trustees of a fund for the
BENEFIT OF CERTAIN PERSONS WHO CONSTITUTED COM- PANY F, SIXTH INFANTRY, MASSACHUSETTS NATIONAL GUARD ON APRIL SIXTH, NINETEEN HUNDRED AND SEVEN- TEEN.
Emergency preamble.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is in part to provide for the im- mediate disbursement of the funds referred to therein, therefore it is hereby declared to be an emergency law, neces- sary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
The trustees appointed under the provisions of chapter one hundred and forty-five of the acts of nineteen hundred and twenty-nine, as amended by chapter one hundred and ten of the acts of nineteen hundred and forty-five, are hereby authorized to disburse any remaining funds held by them as such trustees for the erection of a plaque commemorating
Acts, 1952. — Chap. 36. 27
the ofl5cers and men of Company F, Sixth Regiment, Massa- chusetts Volunteer Militia, and for such other purposes as the trustees, in their discretion, deem fitting and proper for the commemoration of said officers and men. Any disburse- ment by the trustees hereunder shall be subject to the approval of the adjutant general.
Approved February 8, 1952.
An Act relative to the establishment of a water (Jfidj) 35
SYSTEM IN THE TOWN OF BLACKSTONE.
Be it enacted, etc., as follows:
Section 1. The votes adopted at the special town meet- ing of the inhabitants of the town of Blackstone held August fourth, nineteen hundred and fifty-one, and at the adjourned session thereof held August eighteenth, nineteen hundred and fifty-one, are hereby validated and confirmed; and the issuance and sale, by the town treasurer with the approval of the selectmen, of four hundred thousand dollars aggregate principal amount of bonds or notes for the purposes set forth in the vote adopted under article three of the warrant for said special town meeting are hereby authorized.
Section 2. Of the proceeds received from the sale of said bonds or notes, less any premium arising upon such sale, the sum of twenty-five thousand dollars and such additional amount, if any, as may be determined by the water commissioners of said town, shall be set aside by the town treasurer for the purpose of paying for the water system of the city of Woonsocket, Rhode Island, located within the boundaries of the town of Blackstone; provided, however, that if no agreement with said city of Woonsocket to acquire said water system is made or the acquisition is not otherwise effected within fifteen months from the effec- tive date of this act, or if the sum so set aside exceeds the amount ultimately paid to the city of Woonsocket for the aforesaid water system, the said sum or the surplus thereof, as the case may be, shall be devoted to the other purposes designated in the vote authorizing the issuance of said bonds or notes. The town treasurer shall notify the water com- missioners when he receives payment for said bonds or notes, and said commissioners shall, within fifteen days thereafter, inform him in writing of their determination re- specting the sum to be set aside as herein provided.
Section 3. Before a written agreement is entered into by the town of Blackstone with the city of Woonsocket, Rhode Island, for the purchase and sale of said water system, the price to be paid therefor shall be fixed by the voters of said town at a duly called and held annual or special town meeting; provided, however, that said voters may fix a maximum price and may authorize the purchase to be made for any lesser sum which may be agreed upon by the water commissioners and said city of Woonsocket.
28 Acts, 1952. — Chaps. 37, 38.
Section 4. So much of the provisions of section four of chapter six hundred and four of the acts of nineteen hundred and ten, and of section seven of chapter six hundred and twenty-five of the acts of nineteen hundred and fifty, as are inconsistent herewith are hereby repealed.
Section 5. This act shall take effect upon its passage.
Approved February 8, 1952.
Chap. 37 An Act validating certain acts and proceedings of
THE TOWN OF ADAMS AND OF ITS PARK COMMISSION, AND relative to the election of the members of SAID COMMISSION.
Be it enacted, etc., as follows:
Section 1. The election of the persons holding office on the effective date of this act as members of the park com- mission of the town of Adams, established under authority of section fourteen of chapter forty-five of the General Laws, and all acts and proceedings done or taken by said park commission, and all acts and proceedings of said town, in so far as such election, acts and proceedings may be invalid by reason of the election of any of the members of said com- mission, with respect to their terms of office or otherwise, not conforming to the vote of the town providing for such election, are hereby confirmed and made valid.
Section 2. At the annual town election of the town of Adams in the current year, three members of the park com- mission shall be elected for terms of three years each, and annually thereafter there shall be elected a member or members thereof for a term of three years in the place of those whose terms are to expire.
Section 3. This act shall take effect upon its passage.
Approved February 8, 1952.
Chap. 38 An Act relative to the power of cities and towns to
BORROW money FOR THE PAYMENT OF CERTAIN PREMIUMS ON FIRE INSURANCE POLICIES.
Be it enacted, etc., as follows:
Edo,' il.l"?. Clause (16) of section 7 of chapter 44 of the General Laws,
etc., 'amended, as most recently amended by section 2 of chapter 181 of the
acts of 1951, is hereby further amended by striking out, in
line 5, the word "fifth" and inserting in place thereof the
word: — fourth, — so as to read as follows: —
Power to (16) For the payment of premiums for fire insurance,
fo°r"certJi'n"^^ contracts or policies covering a period of five years, four
muToser years. No loan shall be authorized in any year under the
regulated. provisions of this clause unless a sum equal to at least one
fourth of the entire amount authorized to be borrowed has
been appropriated from available revenue funds or voted
to be raised by taxation, for the purposes set forth, in the
year when the loan is authorized.
Approved February 8, 1952.
Acts, 1952. — Chaps. 39, 40. 29
An Act relative to absentee ballots. Chav 39
Be it enacted, etc., as follows:
Section 1. Section 94 of chapter 54 of the General Laws, g. l. (Xer. as appearing in the Tercentenary Edition, is hereby amended amended^ ^^' by striking out, in Une 6, the word "before" and inserting in place thereof the words : — within one hour after, — so as to read as follows: — Section 94- Upon receipt of an envelope Delivery of purporting to contain an official absent voting ballot, the baUo'ts?^ clerk of the city or town shall attach thereto the application regulated. for an official absent voting ballot executed by the voter whose name appears thereon and certified by the registrars of voters. All such envelopes shall be preserved unopened. Upon election day within one hour after the hour for the closing of the polls the said clerk shall deliver all envelopes received by him to the election officers in the several voting precincts where the voters named therein assert the right to vote.
Section 2. Section 95 of said chapter 54, as most recently g. l. (Xer. amended by section 5 of chapter 466 of the acts of 1945, is etc!, 'amended'. hereby further amended by striking out, in line 1, the word "Immediately" and inserting in place thereof the words: — Within one hour.
Section 3. The first paragraph of section 105 of said g. l. (Xer. chapter 54, as appearing in the Tercentenary Edition, is f'los,^^' hereby amended by inserting before the last sentence the amended. following sentence : — When absent voting ballots have been Duties of cast, the clerk shall amend the ballot box register and the '''*''*'°° ''^^''^■ number of names checked on the voting list to include the absent voting ballots deposited in the ballot box under the provisions of section ninety-five.
Approved February 8, 1952.
An Act providing tenure of office for edward c. carroll, incumbent of the office of highway surveyor of the town of milford.
Be it enacted, etc., as follows:
Section 1. The tenure of office of Edward C. Carroll, incumbent of the ofiice of highway surveyor of the town of Milford, shall, upon the effective date of this act, be un- limited, and he may be removed therefrom only in the manner provided by section three of this act. If said in- cumbent shall cease to hold office as provided by this act, his successor shall be elected bj'^ vote of a majority of the selectmen, and said highway surveyor shall serve until the next regular town election, at which election a highway surveyor shall be elected as provided by law.
Section 2. This act shall be submitted for acceptance to the voters of said town of Milford 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
Chap. 40
30 Acts, 1952. — Chap. 41.
be used for the election of town officers at said meeting : — "Shall Edward C. Carroll, the present incumbent of the office of highway surveyor of the town of Milford, be given life tenure?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise.
Section 3. At any time after the expiration of one year from the date on which this act is accepted, and not less than sixty days prior to the annual town meeting, a petition, signed by not less than ten 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 cause the question of revocation of the' acceptance to be placed on the official ballot used for the election of town officers at said meeting in the form of the following ques- tion:— "Shall the action of the town of Milford in the year nineteen hundred and fifty-two in voting life tenure to Edward C. Carroll, highway surveyor of the town of Milford, be revoked?" If such revocation is favored by a majority of the voters voting thereon, the acceptance of this act shall be revoked and this act shall become null and void beginning with the first day of the month next following such revocation.
Section 4. This act shall take effect upon its passage.
Approved February 13, 1952.
Chap. 41 An Act authorizing the towns of abington and rock- land TO BORROW certain SUMS, FOR THE PURPOSE OF REPAIRING THE STANDPIPE OF THEIR JOINT WATER SYSTEM.
Be it enacted, etc., as follows:
Section 1. Notwithstanding any provisions of law, the towns of Abington and Rockland are hereby authorized each to borrow a sum not in excess of six thousand dollars, irrespective of any debt limitation imposed by law upon said towns, and said sums so borrowed shall be used by said towns, through their joint board of water commissioners as constituted under the provisions of chapter two hundred and six of the acts of eighteen hundred and eighty-five, for the purpose of adequately repairing their water standpipe, and said joint board shall award and determine a fair and just proportion of the cost of said repairing which each of said towns shall bear, pursuant to the provisions of said chapter two hundred and six of the acts of eighteen hundred and eighty-five, and of chapter six hundred and sixty-five of the acts of nineteen hundred and forty-nine.
Section 2. Action taken under this act at the annual town meetings held in the current year shall be as effective as though this act had been in full force and effect at the time the warrants for said meetings were posted.
Section 3. This act shall take effect upon its passage.
Approved February 13, 1962.
Acts, 1952. — Chaps. 42, 43. 31
An Act relative to the tenure of office of the pres- Qlidj) 42
ENT CHAIRMAN OF THE BOARD OF ASSESSORS IN THE TOWN OF HULL.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of chairman of the board of assessors in the town of Hull on the effective date of this act shall hold office during good behavior unless incapacitated by physical or mental disability from per- forming the duties of chairman of the board of assessors and until the selectmen shall remove him therefrom in accord- ance with the provisions of chapter thirty-one of the General Laws, and the rules made thereunder, relative to removals from the classified public service, and the salary of said chair- man of the board of assessors shall be fixed by the selectmen, and any vacancy in the office of chairman of the board of assessors in said town while said incumbent is holding office during good behavior as provided by this act shall be filled by choice of the remaining members of the board of assessors, and said chairman shall serve until a chairman is chosen by said board as provided by section twenty-four of chapter forty-one of the General Laws.
Section 2. This act shall take full effect upon its ac- ceptance by vote of a majority of the voters of said town present and voting thereon at a regular or special town meeting, but not otherwise. Approved February 13, 1952.
An Act authorizing the establishment of a sewer dis- QJidj) 43
TRICT within the LIMITS OF THE TOWN OF LANCASTER. '
Be it enacted, etc., as follows:
Section 1. The inhabitants of the town of Lancaster liable to taxation in said town and residing within the terri- tory comprised within the following lines, to wit: — begin- ning at a point on the westerly line of Route 110 in Lan- caster at the intersection with Route 110 of the boundary line between the town of Lancaster and the town of Bolton; thence north, fifty-seven degrees west, three thousand feet more or less, to the center of the Nashua river ; thence south- westerly, by the Nashua river, to a point in the center of the Nashua river at the intersection of the north branch and the south branch of the Nashua river; thence southwesterly, by the north branch of the Nashua river to a point in the river opposite the mouth of the brook flowing into the river from Thayer pond, so called; thence southwesterly, to a point on the southerly side of the river at the middle of the said brook; thence southwesterly, by the said brook to Thayer pond, so called; thence by the northerly and west- erly edges of Thayer pond, so called, to the middle of the brook flowing into Thayer pond at the southwesterly side thereof; thence southwesterly, by the said brook to a point where the said brook intersects the center line of George
32 Acts, 1952. — Chap. 43.
Hill road ; thence westerly, by the center line of George Hill road to a point where the center line of George Hill road intersects the center line of Goss lane; thence southerly, by the center line of Goss lane to a point where the center line of Goss lane intersects the south line of Narrow lane ; thence easterly, by Narrow lane to the intersection of Narrow lane and Main street; thence southeasterly, by Main street to the point where Main street is intersected by the boundary line between the towns of Clinton and Lancaster; thence easterly, by the boundary line between Clinton and Lan- caster to the point where said boundary line meets the boundary line between the towns of Clinton and Bolton; thence northerly, by the boundary between the towns of Bolton and Lancaster to the point of beginning, — shall constitute a sewer district and are hereby made a body corporate by the name of the Lancaster sewer district, here- inafter called the district, for the purpose of laying out, constructing, maintaining and operating a system or sys- tems of common sewers for a part or the whole of the terri- tory herein described, with such connections and other works as may be required for a system of sewage disposal, and may construct such sewers in said district as may be neces- sary, and for the purpose of assessing and raising taxes as provided herein for the payment of such services, and for defraying the necessary expenses of carrying on the business of said district, subject to all general laws now or hereafter in force relating to such districts, except as otherwise pro- vided herein. The district shall have power to prosecute and defend all actions relating to its property and affairs.
Section 2. Any meeting of the voters of the territory included within the boundaries set forth in section one to be held prior to the acceptance of this act, and any meeting of the voters of the district to be held prior to the qualification of a majority of the sewer commissioners, shall be called on petition of ten or more legal voters therein, by a warrant from the selectmen of said town, or from a justice of the peace, directed to one of the petitioners, requiring him to give notice of the meeting by posting copies of the warrant in two or more public places in the district seven days at least before the time of the meeting. Such justice of the peace, or one of the selectmen, shall preside at such meeting until a clerk is chosen and sworn, and the clerk shall preside until a moderator is chosen. At any meeting held hereunder prior to the acceptance of this act, after the choice of a moderator for the meeting, the question of the acceptance of this act shall be submitted to the voters, and if it is ac- cepted by a majority of the voters present and voting thereon it shall thereupon take effect, and the meeting may then proceed to act on the other articles in the warrant. After the qualification of a majority of the sewer commissioners, meetings of the district shall be called by warrant under their hands, unless some other method be provided by by-law or vote of the district.
Acts, 1952. — Chap. 43. 33
Section 3. The district shall elect by ballot at any district meeting not later than the second annual meeting after the commencement of construction hereunder of a system of sewerage and sewage disposal, a board of three sewer commissioners who shall be citizens of the district, 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 an- nual district meeting, 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 district meeting, and until their successors are quali- fied, and thereafter, at each annual district meeting when the term of a member expires, the district shall elect one member of the board to serve for three years and until his successor is quahfied.
Section 4. Said board of sewer commissioners, acting for and on behalf of said district, may take by eminent domain under chapter seventy-nine of the General Laws, or acquire by purchase or otherwise, any lands, water rights, rights of way or easements, public or private, in said district, necessary for accomplishing any purpose mentioned in this act, and may construct such 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 sewers and of maintaining and re- pairing the same, and may do any other thing proper or necessary for the purposes of this act; provided, that they shall not take in fee any land of a railroad corporation, and that they shall not enter upon or construct any sewer within the location of any railroad corporation except at such time and in such manner as they may agree upon with such corporation, or, in case of failure to agree, as may be ap- proved by the department of public utilities.
Section 5. Until the board of sewer commissioners has first been elected as provided in this act, but not in any event later than the second annual meeting after the com- mencement of the work of construction authorized hereby, the district may carry on such work by a duly authorized committee of the district. The committee shall serve with- out pay and shall have all the powers and authority given to the board of sewer commissioners in this act or by general law. Whenever the phrase "said board of sewer commis- sioners" or "said board" hereinafter occurs, it shall mean and include the board of sewer commissioners, or the com- mittee of the district provided for in this section, as the case may be.
Section 6. Any person injured in his property by any action of said board of sewer commissioners under this act may recover damages from said district under said chapter seventy-nine.
34 Acts, 1952. — Chap. 43.
Section 7. The district shall, by vote, determine what proportion of the cost of said system or systems of sewerage and sewage disposal the district 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 system or systems, or for the use of said system or systems, the district 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 district, 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 payment or payments of such assessments for apportion- ments thereof to the sewer commissioners, who shall preserve a record thereof. Whenever a tax is duly voted by the district for the purposes of this act, the clerk shall send a certified copy of the vote to the assessors of said town, who shall assess the same on property within the district in the same manner in all respects in which town taxes are required by law to be assessed; provided, that no estate shall be subject to any tax assessed on account of the system of sewerage under this act, if, in the judgment of the board of sewer commissioners herein provided for, after a hearing, due notice whereof shall have been given, such estate is so situated that it will receive no aid from the said sewerage system, or if such estate is so situated that the buildings thereon, or the buildings that might be constructed thereon, could not be connected with the said system in any ordinary or reasonable manner; but all other estates in the district shall be deemed to be benefited and shall be subject to such tax. A certified list of the estates exempt from taxation under the provisions of this section shall annually be sent by said board of sewer commissioners to said assessors, at the same time at which the clerk shall send a certified copy of the vote as aforesaid. The assessment shall be committed to the town collector, who shall collect said tax in the manner provided by law for the collection of town taxes and shall deposit the proceeds thereof with the district clerk for the use and benefit of the district. The district may collect interest on overdue taxes in the manner in which interest is authorized to be collected on town taxes.
Section 8. For the purpose of paying the necessary expenses and liabilities incurred under this act, the district may from time to time, within five years after the passage of this act, borrow such sums as may be necessary, not ex- ceeding, in the aggregate, three hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on
Acts, 1952. — Chap. 43. 35
their face the words, Lancaster Sewer District Sewerage Loan, Act of 1952. Each authorized issue shall constitute a separate loan, and such loans shall be payable in not more than thirty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws.
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 sewerage systems such annual rentals or charges based on the benefits derived therefrom as it may deem proper, subject, however, to such rules and regulations as may be fixed by vote of the district.
Section 11. All contracts made by the board of sewer commissioners shall be made in the name of the district 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 district therefor.
Section 12. Said board may, from time to time, pre- scribe rules and regulations for the connection of estates and buildings with sewers, and for inspection of the materials, the construction, alteration and use of all connections enter- ing into such sewers, and may prescribe penalties, not ex- ceeding twenty dollars, for each violation of any such rule or regulation. Such rules and regulations shall be published at least once a week for three successive weeks in some newspaper published in the town of Lancaster, if there be any, and if not, then in some newspaper published in the county of Worcester, and shall not take effect until such publications have been made.
Section 12A. The district may enter into an agreement with the metropolitan district commission for the use of the sewerage facilities of said commission to receive and treat the sewage of the district, and shall pay to said commission such proportion of the cost of construction of additional works required for the sewage of the district by said com- mission and such annual charges for the transportation and treatment of sewage as shall be agreed upon by the district and said commission. If the district and said commission shall be unable to agree as to the proper and just sum or sums which shall be paid by the town of Lancaster to said commission, either party may petition the supreme judicial
36 Acts, 1952. — Chap. 44.
court, which shall appoint three commissioners to deter- mine, subject to the approval of the court, such proportion of the cost of construction and such annual charges. Such proportion of the cost of construction may consist of a sum in gross or yearly payments to be made to the said commis- sion as said commissioners, or a majority of them, shall de- cide.
Section 13. No act shall be done under authority of the preceding sections except in the making of surveys and other preliminary investigations, until the plans for said system of sewerage and sewage disposal have been approved by the state department of public health. Upon application to said department for its approval it shall give a hearing, after due notice to the public. At such hearing, plans showing the work to be done in constructing said system of sewerage and sewage disposal shall be submitted for approval by said department.
Section 14. Upon a petition in writing addressed to said board of sewer commissioners requesting that certain real estate, accurately described therein, located in said town and abutting on said district and not otherwise served by a suitable means of sewage disposal be included within the limits thereof, and signed by the owners of such real estate, or a majority thereof, said sewer commissioners shall cause a duly warned meeting of the district to be called, at which meeting the voters may vote on the question of in- cluding said real estate within the district. If a majority of the voters present and voting thereon vote in the affirma- tive the district clerk shall within ten days file with the town clerk of said town and with the state secretary an attested copy of said petition and vote ; and thereupon said real estate shall become and be part of the district and shall be holden under this act in the same manner and to the same extent as the real estate described in section one.
Section 15. This act shall take full effect upon its ac- ceptance by a majority of the voters of said district voting thereon at an annual or special meeting within five years of its passage. Approved February 13, 1952.
Chap. 44 An Act relati\t: to the filling of vacancies in the offices of medical examiner and associate medical examiner.
Be it enacted, etc., as follows:
EdVaJ^s'i Section 1 of chapter 38 of the General Laws is hereby
amended. ' amended bj'- adding at the end the following paragraph : —
Filling of Any vacancy in the office of medical examiner or associate
me'dicar*"^ mcdical examiner, occurring prior to the expiration of the
Ms^o^^i^te" '""' ^6rm of such officer, shall be filled by appointment by the
regulated.' govcmor, with the advice and consent of the council, for a full term of seven years. Approved February 13, 1952.
Acts, 1952. — Chaps. 45, 46, 47. 37
An Act reclassifying members of the fire departments Chap. 45 IN cities and towns by changing the title of the
POSITION FROM FIREMAN TO FIRE FIGHTER.
Be it enacted, etc., as follows:
The director of civil service shall reclassify members of fire departments in cities and towns in which the fire service is classified under the civil service laws and rules by chang- ing the title of the position from fireman to fire fighter.
All subsequent appointments to such positions in cities and towns in which the fire service is classified under the civil service laws and rules shall be made under the title of fire fighter. Approved February 13, 1952.
An Act relative to the tenure of office of the pres- CJiav. 46
ENT collector OF TAXES IN THE TOWN OF SCITUATE.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of collector of taxes in the town of Scituate on the effective date of this act shall hold ofiice during good behavior unless incapacitated by physical or mental disability from performing the duties of collector of taxes and until the selectmen shall remove him therefrom in accordance with the provisions of chapter thirty-one of the General Laws, and the rules made there- under, relative to removals from the classified public service. Any vacancy in the office of collector of taxes in said town while said incumbent is holding office during good behavior as provided by this act shall be filled by election by a vote of a majority of its selectmen, and said collector of taxes shall serve until the next regular town election, at which election a collector of taxes shall be elected as provided by law.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town meeting in the current year, or in the year following its enactment 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 Joseph R. Dillon, the present in- cumbent of the office of collector of taxes of the town of Scituate, be given life tenure?" If a majority of the votes in answer to said question is in the affirmative then this act shall thereupon take full effect, but not otherwise.
Approved February 13, 1952.
An Act relative to the tenure of office of the pres- (JJiqj) 47
ENT collector OF TAXES OF THE TOWN OF NATICK.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of collector of taxes of the town of Natick, on the effective date of this act, shall hold office during good behavior unless incapacitated
38 Acts, 1952. — Chap. 48.
by physical or mental disability from performing the duties of collector of taxes, and until the selectmen shall remove him therefrom in accordance with the provisions of chapter thirty-one of the General Laws, and the rules made there- under, relative to removals from the classified public seivice. Any vacancy in the office of collector of taxes in said town while said incumbent is holding office during good behavior as provided by this act shall be filled by election by vote of a majority of its selectmen, and said collector of taxes shall serve until the next regular town election, at which election a collector of taxes shall be elected as provided by law.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town meeting in the current year, or in the year following its enactment, 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 Clarence C. Eldridge, the pres- ent incumbent of the office of collector of taxes of the town of Natick, be given life tenure?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise.
Approved February IS, 1952.
Chap. 48 An Act to authorize the placing of the office of chief
OF POLICE OF THE TOWN OF DEERFIELD UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of chief of police of the town of Deerfield shall become subject to the civil service laws and rules relating to police officers in towns, and the tenure of office of any incumbent thereof shall be unlimited, subject, however, to said laws. The person holding said office shall be subjected to a qualifying examination by the division of civil service, and if he passes said examination he shall be certified for said office and shall be deemed to be permanently appointed thereto without being required to serve any pro- bationary period.
Section 2. This act shall be submitted to the voters of said town at the next annual town meeting in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: — "Shall an act passed by the General Court in the year nineteen hundred and fifty-two, entitled 'An Act to authorize the placing of the office of chief of police of the town of Deerfield under the civil service laws', be accepted?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise. Approved February 13, 1952.
Acts, 1952. — Chaps. 49, 50. 39
An Act authorizing the town of wayland to borrow Qfi^jy 49
MONEY FOR SCHOOL PURPOSES,
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and originally equipping and furnishing additions to existing school build- ings, the town of Wayland may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessaiy, not exceeding, in the aggre- gate, two hundred and twenty-five thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Wayland School Building Loan, Act of 1952. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as herein provided, be subject to chapter forty-four of the General Laws, inclusive of the limitation contained in the first para- graph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 15, 1952.
An Act authorizing the town of mansfield to provide nhfjr) 50 A scholarship fund for graduates of the high school ^ "•
OF SAID TOWN.
Be it enacted, etc., as follows:
Section L The town of Mansfield is hereby authorized to raise and appropriate the sum of three thousand dollars to provide a scholarship fund the income of which may be used for the higher education of graduates of the high school of said town living therein, and said fund shall be dedicated as a memorial to veterans of World War IL
Section 2. Said town is hereby further authorized to provide, by vote of the town, for the election by the voters or the appointment by its selectmen of a board of trustees, consisting of such number of members as the town shall by vote determine, to administer said fund, which shall be held in the custody of the town treasurer, together with any contributions thereto from private sources, which con- tributions the town, or said trustees in its behalf, may from time to time receive. The town by vote may fix the terms of office of said trustees, and make other provisions in respect to the administering of said fund not inconsistent with the provisions of this act.
Section 3. Action taken under authority of this act at the annual meeting of the town of Mansfield held in the current year shall be as effective in all respects as though this act had been in full force and effect on the date when the warrant for such meeting was posted.
Section 4. This act shall take effect upon its passage.
Approved February 15, 1952.
40 Acts, 1952. — Chaps. 51, 52, 53.
Chap. 51 An Act relative to the number of directors of a
DOMESTIC MUTUAL LIFE INSURANCE COMPANY WHO SHALL BE RESIDENTS OF THE COMMONWEALTH.
Be it enacted, etc., as follows:
Ed.), 175, Section 94 of chapter 175 of the General Laws, as amended,
amended.' ^^ hereby further amended by striking out the third para- graph, as appearing in the Tercentenary Edition, and insert- ing in place thereof the following : — S^ectorrof"^ A majority of the directors shall always be residents of
domestic the commonwealth, and, after the first election, the directors
insurance "^ shall be choseu by and from the policyholders; provided, companies. j-j^g^^ jj^ ^g^gg ^f ^ company having outstanding a guaranty capital, one third of the directors may be chosen by and from the stockholders thereof. No person shall be qualified to serve as a director after he ceases to be such a policyholder or stockholder, as the case may be.
Approved February 15, 1952.
Chap. 52 An Act authorizing the town of stoughton to pay a
SUM OF MONEY TO CHARLES McNAMARA.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obligation, the town of Stoughton is hereby authorized to appropriate and pay the sum of nineteen hundred dollars to Charles McNamara of said town to compensate him for the loss of cattle due to the use by said town of a poisonous spray on or about June thirtieth, nineteen hundred and fifty.
Section 2. This act shall take full effect upon its ac- ceptance by a majority vote of the town meeting members of said town at a regular or special town meeting called for the purpose, but not otherwise.
Approved February 15, 1952.
Chap. 53 An Act to authorize an increase in the number of
trustees of BRADFORD JUNIOR COLLEGE.
Emergenry Whcrcas, The deferred operation of this act would tend
pream e. ^^ defeat its pui'pose, which in part is to provide without delay for an increase in the number of tru.stees of the corpo- ration specified therein, 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:
Section 1. The number of trustees of Bradford Junior College shall hereafter be limited to twenty-four instead of fifteen as now provided by law.
Section 2. This act shall take full effect upon its ac- ceptance by vote of said corporation, and the filing with the state secretary of a certified copy of said vote, but not otherwise. Approved February 20, 1952.
Acts, 1952. — Chaps. 54, 55. 41
An Act relative to the borrowing of money by cities (7/^^^) 54 and towns for remodeling, reconstructing or mak- ^' ing extraordinary repairs to public buildings.
Whereas, The deferred operation of this act would tend ^^l^^^{^'^ to defeat its purpose, which in part is to authorize the bor- rowing of money by cities and towns without delay for the purposes specified therein, therefore it is hereby declared to be an emergency law, necessary for the immediate preserva- tion of the public convenience.
Be it enacted, etc., as follows:
The first paragraph of section 1 of chapter 275 of the acts of 1948 is hereby amended by inserting after the word "year", in line 17, the words: — , exclusive of the value of motor vehicles and trailers and the value of ships and ves- sels on which a vessel excise tax is based, — so as to read as follows: — Subject to the provisions of this act, any city or town, by a two thirds vote as defined in section one of chap- ter forty-four of the General Laws, and with the approval of the emergency finance board established under section one of chapter forty-nine of the acts of nineteen hundred and thirty-three, may borrow inside of its limit of indebtedness as prescribed by section ten of said chapter forty-four, for remodeling, reconstructing or making extraordinary repairs to public buildings owned by the city or town, and may is- sue bonds or notes therefor. Each authorized issue shall con- stitute a separate loan and such loans shall be paid within such period, not more than ten years from their dates, as said board shall fix. No loan shall be authorized in any year under authority of this act unless a sum equivalent to one dollar on each one thousand dollars of the assessed valuation of the city or town for the preceding year, exclusive of the value of motor vehicles and trailers and the value of ships and vessels on which a vessel excise tax is based, has been appropriated from available revenue funds or voted to be raised by taxation in the year when the loan is authorized.
Approved February 25, 1952.
An Act authorizing the town of marblehead to pay Qliar) 55
AN ANNUITY TO THE WIDOW OF REUBEN PAINE, A FORMER MEMBER OF THE POLICE DEPARTMENT OF SAID TOWN.
Be it enacted, etc., as follows:
Section 1. For the purpose of promoting the public good, and in consideration of the long and eifficient service of Reu- ben Paine as a member of the police department of the town of Marblehead, said town may appropriate and pay to Edna R. Paine, widow of said Reuben Paine, an annuity for life, not to exceed one thousand dollars, the same to be paid in equal monthly instalments.
Section 2, This act shall take effect upon its passage.
Approved February 25, 1952.
42
Acts, 1952. — Chaps. 56, 57.
G. L. (Ter. Ed.), 44, § 10, etc., amended.
Limit of indebtedness in cities and towns, regulated.
Chap. 56 An Act relative to the limit of indebtedness in cities
AND towns.
prTambie^* Wkcreas, There is immediate need for the enlargement of
the borrowing capacity of cities and towns as provided by this act, 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:
Chapter 44 of the General Laws is hereby amended by striking out section 10, as most recently amended by chapter 51 of the acts of 1950, and inserting in place thereof the following: — Section 10. Except as otherwise authorized by law, a city shall not authorize indebtedness to an amount exceeding two and one half per cent, and a town shall not authorize indebtedness to an amount exceeding five per cent, on the average of the assessors' valuations of the taxable property for the three preceding years, the valuations being first reduced by the amount of all abatements allowed thereon previous to December thirty-first of the preceding year; provided, that the value of motor vehicles and trailers taxable under chapter sixty A, as determined thereunder, shall be used in determining the valuation of taxable property for the purposes of this section. With the approval of the emergency finance board, established under chapter forty- nine of the acts of nineteen hundred and thirty-three, a city may authorize indebtedness in excess of two and one half per cent but not in excess of five per cent, and a town may authorize indebtedness in excess of five per cent but not in excess of ten per cent, on the aforesaid average of the assessors' valuations of the taxable property. All authorized debts, except those expressly authorized by law to be in- curred outside the debt limit, shall be reckoned in determin- ing its limit of indebtedness under this section. In de- termining the debt limit for Boston hereunder the provisions of chapter ninety-three of the acts of eighteen hundred and ninety-one and of section one of chapter one hundred and ninety-one of the acts of nineteen hundred and three shall apply. The members of the emergency finance board, when acting under this section, shall receive from the common- wealth compensation to the same extent as provided under chapter three hundred and sixty-six of the acts of nineteen hundred and thirty-three, as amended, and chapter seventy- four of the acts of nineteen hundred and forty-five.
Approved February 25, 1952.
Chap. 57 An Act authorizing the town of north attleborough
TO BORROW MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and originally equipping and furnishing an addition to the existing high school and junior high school building, and for the purpose
Acts, 1952. — Chaps. 58, 59. 43
of remodeling, reconstructing and making extraordinarj'- repairs to said building, the town of North Attleborough 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, six hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words. North Attleborough School Loan, Act of 1952. Each authorized issue shall constitute a separate loan, and such loans shall be paid in not more than twenty years from their dates. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. Action may be taken under this act at the annual town meeting of said town in the current year, not- withstanding that this act may not have been in effect at the time the warrant for said meeting was posted and published.
Section 3. This act shall take effect upon its passage.
Approved February 25, 1952.
An Act increasing the amount of money the city of Qhnj) Kg
LAWRENCE MAY APPROPRIATE FOR THE PURPOSES OF THE DEVELOPMENT AND INDUSTRIAL COMMITTEE OF SAID CITY.
Be it enacted, etc., as follows:
Section L Section 1 of chapter 661 of the acts of 1950 is hereby amended by striking out, in line 4, the word "three" and inserting in place thereof the word: — five, — and by striking out, in line 5, the word "fifteen" and inserting in place thereof the word : — fifty, — so that the first sentence will read as follows: — Notwithstanding the provisions of any general or special law to the contrary, the city of Lawrence may appropriate from available funds or otherwise, annually, for five years commencing in the current year, a sum not to exceed fifty thousand dollars in any one year, for the purpose of creating in the department of finance and public affairs in said city a committee for industrial development for the promotion and development of the industrial resources of said city.
Section 2. This act shall take effect upon its passage.
Approved February 25, 1952.
An Act validating the acts and proceedings at an Chav 59
ADJOURNED SPECIAL TOWN MEETING OF THE TOWN OF WALPOLE HELD IN THE YEAR NINETEEN HUNDRED AND FIFTY-ONE.
Be it enacted, etc., as follows:
Section 1. The acts and proceedings of the town of Walpole at the adjourned special town meeting held on the tenth day of September in the year nineteen hundred and
44
Acts, 1952. — Chaps. 60, 61, 62.
fifty-one, and all acts done in pursuance thereof, are hereby confirmed and made vahd, notwithstanding the failure to give notice of the adjournment as required by the by-laws of said town, to the same extent as if the said adjourned session had been called, held, conducted and adjourned in strict compliance with law. Section 2. This act shall take effect upon its passage.
Approved February 25, 1952.
Chap. 60 An Act relative to the determination of benefits
PAYABLE UNDER THE WORKMEN'S COMPENSATION LAW IN THE CASE OF CERTAIN SPECIFIED INJURIES.
G. L. (Ter. Ed.), 152. § 36, etc., amended.
Specific payments for certain injuries.
Be it enacted, etc., as follows:
Section 36 of chapter 152 of the General Laws is hereby amended by striking out paragraphs (h) and (i) , as appearing in chapter 519 of the acts of 1949, and inserting in place thereof the following two paragraphs: —
(h) For bodily disfigurement the number of weeks which, according to the determination of the industrial accident board, reviewing board or single member, is a proper and equitable compensation, not to exceed one hundred and twenty-five wrecks, which sum shall be payable in addition to all other sums under this section wherever the same shall be applicable.
(i) For loss of bodily functions or sense other than hearing and sight the number of weeks which, according to the determination of said board, reviewing board or single member, is a proper and equitable compensation, not to exceed one hundred weeks. Approved February 25, 1952.
Chap. 61 An Act further regulating the erection by cities
AND TOWNS OF CERTAIN SIGNS ON STATE HIGHWAYS.
G. L. (Ter. Ed.), 85, § 21A, etc., amended.
Certain signs on state highways, regulated.
Be it enacted, etc., as follows:
Chaplier 85 of the General Laws is hereby amended by striking out section 21 A, inserted by chapter 618 of the acts of 1951, and inserting in place thereof the following sec- tion:— Section 21 A. Subject to the provisions of section two, cities and towns are hereby authorized to erect and maintain on state and town and city highways such warning signs, lights or markings as are necessary for the protection of school children. Approved February 25, 1952.
Chap. 62 An Act authorizing the city of Worcester to appro- priate MONEY FOR THE SANDING OF PRIVATE WAYS OPEN TO PUBLIC USE IN CERTAIN CASES.
Be it enacted, etc., as follows:
Section 1. The city of Worcester may appropriate money for the sanding of such private ways within its hmits and open to public use as may be designated by the city
Acts, 1952. — Chaps. 63, 64. 45
council of said city when such ways are dangerous for travel by reason of snow or ice thereon; provided, that for the purposes of section twenty-five of chapter eighty-four of the General Laws, the sanding of such a way shall not constitute a repair of a way.
Section 2. This act shall take full effect upon its ac- ceptance by vote of the city council of said city, but not otherwise. Approved February 25, 1952.
An Act providing that persons issuing employment Chart 63
PERMITS SHALL NOT RETAIN CERTAIN CERTIFICATES OR RECORDS OF AGE PROVIDED BY ANY CHILD.
Be it enacted, etc., as follows:
Section 87 of chapter 149 of the General Laws, as amended g- l. (Ter. by section 10 of chapter 461 of the acts of 1939, is hereby §8"7,'e\t^.' further amended by inserting after subsection (4) (e) the ^'"^nded. following paragraph : —
No superintendent of schools, school committee or other Retention of person authorized to receive, examine, approve and file such ^rmi't^?^''"*' evidence of age, shall retain against the will of such child, regulated. his parent or guardian, such evidence of age, for a longer time than is reasonably necessary for making a copy, photo- stat or reasonable facsimile thereof, which shall be filed in place of the original and the original shall be returned to such child, his parent or guardian.
Approved February 25, 1952.
An Act relative to the tenure of office of the present Phn'n g4
COLLECTOR OF TAXES OF THE TOWN OF WATERTOWN.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of collector of taxes in the town of Watertown on the effective date of this act shall hold office during good behavior unless in- capacitated by physical or mental disability from perform- ing the duties of collector of taxes, and until the selectmen shall remove him therefrom in accordance with the provi- sions of chapter thirty-one of the General Laws, and the rules made thereunder, relative to removals from the classified public service. Any vacancy in the office of collector of taxes in said town while said incumbent is holding office during good behavior, as provided by this act, shall be filled by election by a vote of a majority of its selectmen, and said collector of taxes shall serve until the next regular town election, at which election a collector of taxes shall be elected as provided by law.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town meeting in the current year, or in the year following its enactment, in the form of the following question, which shall be placed upon
46 Acts, 1952. — Chaps. 65, 66.
the official ballot to be used for the election of town officers at said meeting: — "Shall John J. Kennedy, the present incumbent of the office of collector of taxes of the town of Watertown, be given life tenure?" If a majority of the votes in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise.
Approved February 25, 1952.
Chap. 65 An Act authorizing the city of cambridoe to use
CERTAIN PARK LAND FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. The city of Cambridge is hereby authorized to use Dana park, located at Magazine and Lake streets in said city, for the erection of a public school building or for other school purposes, or for all purposes incidental thereto. Said city may acquire by eminent domain, or otherwise, all existing rights or interests, if any, in said land belonging to the heirs of Edward T. Dana by reason of a deed dated December fifth, eighteen hundred and eighty-five and re- corded with Middlesex South District Deeds, in book 730, page 354.
Section 2. This act shall take full effect upon its ac- ceptance by the city council of said city, subject to the provisions of its charter, but not otherwise.
Approved February 25, 1952.
Chap. 66 An Act relative to the interim disposition of the proceeds from the issue of notes of counties.
Be it enacted, etc., as follows:
G. L. (Ter Scctiou 37A of chapter 35 of the General Laws, as amended
f 37A^'etc., by chapter 29 of the acts of 1933, is hereby further amended amended. j^y inserting bcfore the last sentence the following sen-
tence : — A treasurer of a county may invest not more than eighty per cent of the proceeds from the issue of notes, ex- clusive of temporary notes issued in anticipation of revenue or of serial note issues, prior to their application to the pay- ment of liabilities incurred for the purposes specified in the authorization of the loan, in certificates of deposit in trust companies or national banks or in United States treasury Disposition of biUs, — SO as to read as follows: — Section 37 A. Counties i'ssue'^of^cer-"' shall uot issuc any bonds or notes payable on demand, and co^ndes*'^ °f they shall provide for the payment of all debts, except those regulated. incurrcd in anticipation of revenue or in anticipation of re- imbursement from cities and towns, by such annual payments as will extinguish the same at maturity, and so that the first of such annual payments on account of any loan shall be made not later than one year after the date of the bond or note issued therefor, and so that the amount of such annual payment in any year on account of such debt, so far as issued, shall not be less than the amount of the principal payable in
Acts, 1952. —Chap. 67. 47
any subsequent year. The proceeds of any sale of bonds or notes, except premiums, shall be used only for the purposes specified in the original authorization of the loan; provided, that unexpended amounts may be applied to maturing an- nual payments of the same loan, and provided, further, that so much of such proceeds as has not been so applied at the expiration of two years from the completion of the project for which the loan was authorized shall become part of the next general unappropriated balance established under sec- tion twenty-nine or, if such loan was made on behalf of a district, shall be applied in reduction of assessments to be made upon it by the county. A treasurer of a county may invest not more than eighty per cent of the proceeds from the issue of notes, exclusive of temporary notes issued in anticipation of revenue or of serial note issues, prior to their application to the payment of liabilities incurred for the purposes specified in the authorization of the loan, in cer- tificates of deposit in trust companies or national banks or in United States treasury bills. Any premium received upon such bonds or notes, less the cost of preparing, issuing and marketing them, shall be applied to the payment of the principal of the first bond or note to mature.
Approved February 25, 1952.
An Act relative to the tenure of office of the present QJiajy q7
AUDITOR OF THE TOWN OF WATERTOWN.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of auditor in the town of Watertown on the effective date of this act shall hold office during good behavior unless incapacitated by physical or mental disability from performing the duties of auditor and until the selectmen shall remove him therefrom in ac- cordance with the provisions of chapter thirty-one of the General Laws, and the rules made thereunder, relative to removals from the classified public service. Any vacancy in the office of auditor in said town while said incumbent is holding office during good behavior, as provided by this act, shall be filled by election by a vote of a majority of its select- men, and said auditor shall serve until the next regular town election, at which election an auditor shall be elected as pro- vided by law.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual town meeting in the current year, or in the year following its enactment, 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 William W. Norcross, Jr., the present incumbent of the office of auditor of the town of Watertown, be given life tenure? " If a majority of the votes to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise.
Approved February 25, 1952.
48 Acts, 1952. — Chaps. 68, 69, 70.
Chap. 68 A.N Act relative to the tenure of office of the
PRESENT TREASURER OF THE TOWN OF WATERTOWN.
Be it enacted, etc., as follows:
Section 1. The incumbent of the office of treasurer in the toAvn of Watertown on the effective date of this act shall hold office during good behavior unless incapacitated by physical or mental disabiUty from performing the duties of treasurer and until the selectmen shall remove him there- from in accordance with the provisions of chapter thirty-one of the General Laws, and the rules made thereunder, relative to removals from the classified public service. Any vacancy in the office of treasurer in said to^vn while said incumbent is holding office during good behavior, as provided by this act, shall be filled by election by a vote of a majority of its select- men, and said treasurer shall serve until the next regular town election, at which election a treasurer shall be elected as provided by law.
Section 2. This act shall be submitted for acceptance to the voters of said town at the annual meeting in the cur- rent year, or in the year following its enactment, 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 James H. Sheridan, the present in- cumbent of the office of treasurer of the town of Watertown, be given life tenure?" If a majority of the votes in answer to said question is in the aflfirmative, then this act shall thereupon take full effect, but not otherwise.
Approved February 25, 1952.
Chap. 69 An Act relative to the minimum salary for public
SCHOOL teachers.
Be it enacted, etc., as follows:
EdVnTio Section 40 of chapter 71 of the General Laws, as most
etc!, 'amended, recently amended by chapter 499 of the acts of 1951, is
hereby further amended by striking out the first sentence
and inserting in place thereof the following sentence : —
^l^^imum The compensation of every teacher employed in any public
pubiw school day school in the commonwealth, except persons in training
regukted. ^^^ thosc employed as temporary substitutes, shall be at a
rate of not less than twenty-three hundred dollars in towns
of less than two and one half million dollars valuation for the
fiscal year preceding and in all other towns at a rate of not
less than twenty-five hundred dollars for the school year in
that school. Approved February 25, 1952.
Chap. 70 An Act relative to the membership of the school
committee of the city of TAUNTON.
Be it enacted, etc., as follows:
Section 1. Section 23 of chapter 448 of the acts of 1909 is hereby amended by striking out, in line 2, the word "nine" and inserting in place thereof the word: — eight, — so as
Acts, 1952. — Chaps. 71, 72. 49
to read as follows : — Section 23. The school committee of said city shall consist of the mayor, ex officio, and eight members elected as herein provided. Five members shall constitute a quorum. No site for a school building shall be acquired by said city unless the approval of such site by the school committee is first obtained. No plans for the construction of, or alterations in, a school building shall be accepted, and no work shall be begun on the construction or alteration of a school building, unless the approval of the school committee therefor is first obtained.
Section 2. This act shall be submitted for acceptance to the registered voters of the city of Taunton at the biennial state election in the current year in the form of the following question, which shall be placed upon the official ballot to be used in said city at said election: — "Shall an act passed by the general court in the current year providing for eight members of the school committee, instead of nine as at present, in addition to the mayor as a member, be accepted? " If a majority of the votes in answer to said question is in the affirmative, then this act shall take full effect upon the expiration of the terms of the present members of the school committee. Approved February 25, 1962.
An Act authorizing the placing of a certain position in labor service in the city of worcester under the
civil service LAWS.
Be it enacted, etc., as follows:
Section 1. The position in the labor service of the city of Worcester school department held by William H. Pressey, upon the effective date of this act, shall become subject to the civil service laws and rules, and the tenure of office of said William H. Pressey shall be unlimited, subject, however, to said laws; provided, that he passes a qualifying examina- tion to which he shall be subjected by the division of civil service.
Section 2. This act shall take full effect upon its accept- ance, during the current year, by vote of the school com- mittee of said city, subject to the provisions of its charter, but not otherwise. Approved February 26, 1962.
Chap. 71
Chap. 72
An Act relative to the filing of evidence of certain
births and DEATHS OCCURRING IN ANOTHER STATE OR WITHOUT THE UNITED STATES.
Be it enacted, etc., as follows:
Chapter 46 of the General Laws is hereby amended by in- g. l. (Ter. sorting after section lA, inserted by section 1 of chapter 61 f§*iB^andlc of the acts of 1939, the following two sections: — Section IB. added. Any resident of this commonwealth who is the parent of a ^®be rec'^Jrded child born outside the conmion wealth may personally pre- by city and
town clerks.
50
Acts, 1952. — Chap. 73.
Certain deaths to be recorded by city and town clerks.
sent to the town clerk of the town where such parent was domiciled at the time of such birth an original certificate or other written evidence of the same, or a duly authenticated photostatic copy thereof. The town clerk may file such certificate, WTitten evidence or photostatic copy as evidence establishing such birth, or may make a copy thereof, w^hich he shall attest as a true copy, and w^hich he may then file as such evidence.
If such certificate, written evidence or photostatic copy is not, in the opinion of the town clerk, sufficient to establish such birth, and he refuses to file the same, a judge of probate in the county wherein such town lies may, on petition and after a hearing, order him to receive such certificate, written evidence or photostatic copy as sufficient evidence to estab- lish such birth, whereupon such clerk shall file the same.
Section IC. The spouse or heirs at law of any resident of this commonwealth who dies outside the commonwealth may personally present to the towai clerk of the town where such person was domiciled at the time of his death an original certificate or other written evidence of the same, or a duly authenticated photostatic copy thereof. The town clerk may file such certificate, written evidence or photostatic copy as evidence establishing such death, or may make a copy thereof, which he shall attest as a true copy, and which he may then file as such evidence.
If such certificate, written evidence or photostatic copy is not, in the opinion of the towni clerk, sufficient to establish such death, and he refuses to file the same, a judge of pro- bate in the county w^hercin such towai lies may, on petition and after a hearing, order him to receive such certificate, written evidence or photostatic copy as sufficient evidence to establish such death, whereupon such clerk shall file the same. Approved Fehruar-y 25, 1952.
Chap. 73 An Act relative to the organization of the board of
REGISTRATION IN CHIROPODY (pODIATRy).
Be it enacted, etc., as follows:
Section 12A of chapter 13 of the General Law^s, inserted by section 1 of chapter 425 of the acts of 1937, is hereby amended by striking out the third sentence, — so as to read as follow^s: — Section 12 A. There shall be a board of regis- tration in chiropody (podiatry), to be appointed by the governor, with the advice and consent of the council, in this and the two following sections called the board, consisting of five members, citizens of the commonwealth, four of whom shall have had at least seven years of practice in chiropody (podiatry) in this commonwealth. The fifth member shall be a registered physician who shall have had at least seven years of practice in medicine in this commonwealth. No member of the board shall be connected in any w'ay with a school of chiropody (podiatry) or be financially interested
G. L. (Ter. Ed.), 13, § 12A, etc., amended.
Organization of board of registration in chiropody (podiatry), regulated.
Acts, 1952. —Chaps. 74, 75. 51
in any manufacturing, wholesale or retail business, pertain- ing to chiropody (podiatry) in any form whatsoever. As the term of a member expires, his successor shall be appointed by the governor, with like advice and consent, to serve for five years. Approved February 25, 1952.
An Act authorizing the town of webster to convey fhn^ 74
TO THE commonwealth FOR ARMORY PURPOSES CERTAIN ^'
PARK LAND IN SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The board of selectmen of the town of Web- ster, with the approval of the board of park commissioners of said town, is hereby authorized to transfer and convey to the commonwealth for armory purposes a certain parcel of park land, being a portion of Memorial park, situated in said town, and bounded and described as follows: — Beginning at a stake in the northerly line of Ray street, five hundred and thirty-one and ninety-six one hundredths feet easterly of the easterly line of Lincoln street; thence northerly at right angles to said Ray street and extending north 1° 30' east, a distance of five hundred and forty-one and seventy-three one hundredths feet to a stake; thence easterly with an interior angle of 90** 09', a distance of two hundred feet ; thence south- erly with an interior angle of 89° 51', a distance of five hun- dred and forty-two and twenty-five one hundredths feet to a stake in the northerly line of said Ray street; the last three courses being by land of the town of Webster; thence west- erly at right angles to the last course, a distance of two hun- dred feet by the northerly line of Ray street to the point of beginning. Being a portion of the premises conveyed to the town of Webster by S. Slater & Sons, Incorporated, by deed dated April 21, 1923 and recorded with the Worcester Dis- trict Registry of Deeds, Book 2296, Page 138.
Section 2. The armory commission is hereby authorized to accept such land in the name and on behalf of the common- wealth, and thereafter said land shall be used for armory pur- poses.
Section 3. This act shall take full effect upon its ac- ceptance at the next annual town meeting of said town, but not otherwise. Approved February 25, 1952.
An Act authorizing the city of salem to borrow fhnr) 75 money for police and fire alarm system purposes. ^'
Be it enacted, etc., as follows:
Section 1. The city of Salem may, from time to time, within a period of three years from the passage of this act, for the purpose of extending and improving its police and fire alarm system, borrow such sums as may be necessary, not exceeding, in the aggregate, two hundred thousand dol-
52 Acts, 1952. — Chap. 76.
lars, and may issue bonds or notes therefor, which shall bear on their face the words Salem Police and Fire Alarm System Loan, Act of 1952. Each authorized issue shall constitute a separate loan, and such loans shall be payable in not more than ten years from their dates. Indebtedness incurred un- der this act shall be within the statutory limit, but shall, ex- cept as provided herein, be subject to the applicable provi- sions of chapter forty-four of the General Laws, inclusive of the limitation contained in the first paragraph of section seven thereof.
Section 2. This act shall take full effect upon its ac- ceptance by vote of the city council of said city, subject to the provisions of its charter, but not othei-wise.
Approved February 25, 1952.
Chap. 76 An Act relative to the establishment in the town of
FRAMINGHAM OF REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEETINGS.
Be it enacted, etc., as follows:
Section L Section 2 of chapter 143 of the acts of 1949 is hereby amended by striking out, in line 3, the word " eight " and inserting in place thereof the word: — ten, — so that the first sentence will read as follows : — Upon the accept- ance of this act by said town, as hereinafter provided, the selectmen shall forthwith divide the territory thereof into ten voting precincts, each of which shall be plainly desig- nated and shall contain approximately an equal number of registered voters.
Section 2. Section 3 of said chapter 143 is hereby amended by striking out, in Une 7, the word "twenty-five" and inserting in place thereof the word : — twenty, — so as to read as follows: — -Section 3. Upon the acceptance of this act by the town and after the establishment of precincts as provided in section two, the registered voters in every pre- cinct, at an election to be held on the first Monday of the March following such acceptance, and at elections held on the first Monday of March of each second year thereafter, shall elect by ballot twenty registered voters resident in the precinct, other than persons elected or appointed to some other town office, to be members of the representative town meeting for a term of two years. The town clerk shall after every election of town meeting members, forthwith notify each member by mail of his election.
Section 3. This act shall take full effect upon its ac- ceptance by a majority of the town meeting members of the town of Framingham present and voting thereon at any an- nual or special meeting. Said town meeting members shall also designate the time when the board of selectmen shall reprecinct the town under the provisions of this act.
Approved February 25, 1952.
Acts, 1952. — Chaps. 77, 78, 79, 80. 53
An Act relative to records of the suspension by the nfmy 77
COURTS of the rights OF CERTAIN NON-RESIDENTS TO '^'
OPERATE MOTOR VEHICLES.
Be it enacted, etc., as folloios:
Section 3G of chapter 90 of the General Laws, inserted by g. l. (Xer. section 1 of chapter 590 of the acts of 1945, is hereby amended ftti'amend^^' by adding at the end the following sentences : — The court suspension of shall send a notice of such order and of any modification certam^'opCTa- thereof and notice of compliance with such order, each cer- tors of motor tified by the clerk of the court, forthwith to the registrar Authorized. who shall suspend the right of the defendant or of any one employed or authorized by him to operate a motor vehicle on his behalf in this commonwealth. The address of the defendant shall be given in said notice. The registrar shall not restore the rights suspended by order of the court until he has received notice from the court of modification of or comphance with the order. Approved February 25, 1952.
An Act relative to the giving of information regard- Qjiar) 78
ING the count of BALLOTS.
Be it enacted, etc., as follows:
Section 1 14 of chapter 43 of the General Laws, inserted by g. l. (Xer. section 15 of chapter 378 of the acts of 1938, is hereby ftl! 'amendll^' amended by striking out the last sentence and inserting in place thereof the following sentence : — No information re- information garding the state of the balloting shall be disclosed before the co^'t'^o^^.ai. close of the polls. Approved February 25, 1952. lots, reguiat^.
An Act providing that the selectmen shall be the fhfjjy 70 commissioners of trust funds in certain towns of ^' less than five thousand inhabitants.
Be it enacted, etc., as follows:
Chapter 41 of the General Laws is hereby amended by g. l. (Xer. inserting after section 45, as appearing in the Tercentenary § 4'5Af i'dd^. Edition, the following section: — Section 45A. If a town powers and having less than five thousand inhabitants votes to accept duties of this section, the board of selectmen of such town shall there- certain towM. after have all the powers and duties of commissioners of trust funds, as provided in sections forty-five and forty-seven, until such time as the number of inhabitants of said town shall exceed five thousand. Approved February 25, 1952.
Chap. 80
An Act relative to the amount of insurance which counties may provide for the protection of their employees against liability arising out of their operation of county owned vehicles.
Be it enacted, etc., as follows:
Section 28 of chapter 35 of the General Laws is hereby g. l. (Ter. amended by striking out the first sentence, as appearing in ^tc'^'am4nd^' section 1 of chapter 158 of the acts of 1945, and inserting in
54
Acts, 1952. — Chap. 81.
Insurance protection for certain county employees, provided.
place thereof the following sentence : — The county com- missioners shall annually prepare estimates of county receipts and expenditures for the ensuing year, in the form prescribed by the director of accounts and upon blanks by him furnished, including estimates for construction and repair of county buildings and for effecting insurance pro- viding indemnity for or protection to the officers and em- ployees of the county against loss by reason of their liabiUty to pay damages to others for bodily injuries, including death at any time resulting therefrom, or for damage to property, caused by the operation, within the scope of their official duties or employment, of motor or other vehicles owned by the county, to an amount not exceeding twenty thousand dollars on account of injury to or death of one person, or not exceeding forty thousand dollars for any one accident, and not exceeding ten thousand dollars on account of damage to property, or for providing indemnity or pro- tection as aforesaid without insurance, with a statement of the corresponding appropriations for the preceding year, and expenditures for each of the three preceding years, explaining any difference between the amount of any such estimate and the latest appropriation for the same purpose, and citing the laws relating thereto.
Approved February 25, 1952.
Chap. 81 An Act authorizing the use by the lynn gas and elec- tric COMPANY OF A CERTAIN PART OF THE PUBLIC COMMON IN THE CITY OF LYNN FOR THE LOCATION OF A NATURAL GAS PIPE LINE.
Be it enacted, etc., as follows:
Section 1. The city of Lynn, by its mayor, when so authorized b}^ the city council, may grant to the Lynn Gas and Electric Company an easement for a natural gas pipe line under the pubfic common of said city, beginning at a point near the Mall street entrance and extending a distance of ten hundred and sixty-one feet, more or less, to a point near the Shepard street entrance of said common, with a width of sixteen feet, as shown on plan entitled "Plan of Proposed Easement to Lynn Gas and Electric Company for Natural Gas Pipe Line Under Certain Portion of Public Common of Lynn, Dated November 27, 1951". The use of the present natural gas pipe line in above-described location may be made valid in said grant of easement, notwith- standing any informality relative to its construction.
Section 2. This act shall take full effect when, after recommendation by the board of park commissioners of said city of Lynn, it is accepted by the city council of said city, subject to the provisions of its charter, but not otherwise.
Approved February 25, 1952.
Acts, 1952. — Chaps. 82, 83. 55
An Act providing for distinctive number plates for Qfiajj 82
MOTOR VEHICLES OF MEMBERS OF A FOREIGN DIPLOMATIC CORPS AND FOREIGN CONSULAR OFFICERS.
Be it enacted, etc., as follows:
Section 2 of chapter 90 of the General Laws is hereby g. l. (Ter. amended by striking out the seventh paragraph, as most etc'., amended, recently amended by section 3 of chapter 644 of the acts of 1949, and inserting in place thereof the following para- graph : —
The registrar shall furnish at his office, without charge, to Distinctive every person whose motor vehicle is registered under this ^OT'^ehLiea^of chapter, two number plates of suitable design, and to every ^[fjc'^offi^erg person whose trailer is so registered, one such number plate, etc., authorized, having displayed thereon the register number assigned to that vehicle; provided, that number plates assigned to ambulances, fire engines and apparatus, police patrol wagons and other vehicles used by the police department of any city or town or park board solely for the official business of such department or board, and pleasure passenger vehicles owned by veterans who, according to the records of the United States Veterans' Administration, by reason of service in the armed forces of the United States have suffered loss, or loss of use, of any arm at or above the wrist or of any leg at or above the ankle, and to vehicles registered by any member of a foreign diplomatic corps or by any foreign consular officer who is not a citizen of the United States may be of a distinctive type or types. The number plates so furnished shall, except as provided by section nine, and except in case the registrar for any valid reason extends the time, be valid only for the year for which they are issued. If the registrar extends the time he may make rules and regulations requiring the display of visible evidence upon every motor vehicle that it has been registered and that the plates in use thereon are valid. Any plate becoming illegible because of construction defects shall be replaced by the registrar without cost.
Approved February 25, 1952.
An Act authorizing the city of quincy to appropriate QJkij) 83 and pay a sum of money to the administrator of the estate of helena j. moynihan.
Be it enacted, etc., as follows:
For the purpose of discharging a moral obligation, the city of Quincy is hereby authorized to appropriate and to pay to Donald K. Mackay as administrator of the estate of Helena J. Moynihan, late of said Quincy, the sum of two thousand five hundred and three dollars, being the amount claimed and received by said city for reimbursement for payments made under the old age assistance law to said Helena J. Moynihan, and being in excess of the amount lawfully due therefor. Approved February 25, 1952.
56 Acts, 1952. — Chaps. 84, 85, 86.
Chap. 84 An Act relative to benefits payable under the work- men's COMPENSATION LAW IN THE CASE OF CERTAIN SPECIFIED INJURIES.
Emergency Whereas, The deferred operation of this act would tend
pream e. ^^ defeat one of its principal purposes, which is to make its
provisions effective without delay, therefore it is hereby
declared to be an emergency law, necessary for the im.mediate
preservation of the public convenience.
Re it enacted, etc., as follows:
Edo.' 152,'^s 36, Section 36 of chapter 152 of the General Laws is hereby etc., "amended. ' amended by striking out paragraph (q), as appearing in chapter 519 of the acts of 1949, and inserting in place thereof the following paragraph : — Benefits. (q) If the member, whether leg, foot, arm or hand, is not
lost by severance, but is so injured as to be permanently incapable of use, for the same number of weeks as though it were severed; provided, however, that if the loss of use is less than total, then for such period of weeks in proportion to the period applicable in the event of total loss of use of said leg, foot, arm or hand as the functional loss bears to the total loss of use of such leg, foot, arm or hand.
Approved February 27, 1952.
Chap. 85 An Act changing the date of the biennial municipal
ELECTIONS IN THE CITY OF MALDEN.
Be it enacted, etc., as follows:
Section 1. Chapter 155 of the acts of 1933 is hereby amended by striking out section 1, as amended by section 1 of chapter 28 of the acts of 1936, and inserting in place thereof the following section : — Section 1 . Beginning with the year nineteen hundred and fifty-three, the municipal elections in the city of Maiden for the choice of mayor, aldermen, common councilmen and members of the school committee shall be held biennially on the first Tuesday after the first Monday in November in each odd-numbered year.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1952.
Chap. 86 An Act requiring the names and addresses of persons
DIVORCED TO BE FURNISHED TO THE STATE SECRETARY BY CERTAIN CLERKS OF COURT AND REGISTERS OF PROBATE.
Be it enacted, etc., as follows:
%L)', 208^5 46 Section 46 of chapter 208 of the General Laws, as appear- amended.' ' ing in the Tercentenary Edition, is hereby amended by in- serting after the word "of", in line 4, the words : — the names and addresses of the persons divorced, the date and number of the decree and of, — and by striking out, in line 11, the
Acts, 1952. — Chap. 87. 57
words "the preceding section" and inserting in place thereof the words : — section forty-five, — so as to read as follows : — Section 46. The clerks of the courts, the clerk of the superior Returns of court for ci\il business in Suffolk county and the registers ditorcl*1o°state of probate shall annually, in February, make returns for the secretary, last preceding calendar year to the state secretary, upon suitable blank forms provided by him, of the names and addresses of the persons divorced, the date and number of the decree and of the number of libels pending at the begin- ning of the year, the number of libels filed within the year, the number of divorces granted, the number of divorces refused, the number of libels contested, the number of libels uncontested, the alleged cause for divorce in each case, the sex of the libellant and the length of time the parties have been married, and the number of cases in which notice has been given to the district attorney for prosecution under section forty-five and the crime for which divorce has been granted in such cases. Approved February 27, 1952.
An Act authorizing county officers to deposit money fhnj^ q7 IN certain banking companies. ^'
Be it enacted, etc., as follows:
Chapter 35 of the General Laws is hereby amended by g. l. (Ter. striking out section 22, as amended by chapter 153 of the ftl! amended', acts of 1948, and inserting in place thereof the follo\\ing sec- tion:— Section 22. Except as otherwise provided, county Deposits of treasurers, clerks of the courts, clerks of district courts, sher- J^fn coi^ty^'' iffs and masters of iails and houses of correction, probation officers,
rr- • i c ^ 1 i-i i-, <• authorized.
oincers, registers or probate and insolvency and registers of deeds, having more money in their hands than is required for immediate use, shall deposit it, in their official names, in national banks or trust companies in the commonwealth or banking companies doing business in the commonwealth and qualified to receive demand deposits under the provisions of section six A of chapter one hundred and seventy-two A, at the best practicable interest rates. Countj^ treasurers may also deposit in time deposits in such national banks, trust companies or banking companies and invest in United States treasury bills. Interest thereon shall be paid to the county, except that interest accruing to deposits by registers of pro- bate shall be paid to the commonwealth; provided, that in- terest accruing on the deposit as aforesaid of any money paid to any official mentioned in this section which is so paid un- der order of a court or which is otherwise subject to the di- rection of a court shall, if the court so directs, be paid to the parties entitled to the principal fund of such deposit.
Approved February 27, 1952.
58
Acts, 1952. — Chaps. 88, 89, 90.
Chap. 88 An Act relative to the powers and duties of credit
COMMITTEES OF CREDIT UNIONS.
Be it enacted, etc., as follows:
Section 22 of chapter 171 of the General Laws, as appear- ing in the Tercentenary Edition, is hereby amended by add- ing at the end the following paragraph : —
The members of the credit committee may receive reim- bursement for actual expenses incurred in the performance of their duties as the board may authorize, subject to the approval of the membei's at the next annual meeting or at a special meeting called for the purpose.
Approved February 27, 1952.
G. L. (Ter. Ed.), 171, § 22, amended.
Expenses of certain mem- bers of credit unions, regulated.
Chap. 89 An Act relative to the exclusion of certain pupils
FROM public schools IF THE REGULATIONS OF THE BOARD OF HEALTH SO REQUIRE.
G. L. (Ter. Ed.). 71, § 55, etc., amended.
Temporary exclusion of certain pupils from public Bchools, regulated.
Be it enacted, etc., as follows:
Section 55 of chapter 71 of the General Laws, as amended by section 2 of chapter 265 of the acts of 1938, is hereby further amended by inserting after the word "exists", in line 8, the words: — if the regulations of the board of health require .such exclusion, — so as to read as follows: — Sec- tion 55. A child infected, or in a household where a person is infected, with a disea.«!e dangerous to the public health as defined in accordance with section six of chapter one hundred and eleven, or in a household exposed to contagion from any such disease in another household, shall not attend any public school while he is so infected or remains in a house- hold where such infection or exposure exists if the regulations of the board of health require such exclusion. A child re- turning to school after having been absent on account of such infection or exposure shall present a certificate from the board of health or its duly appointed agent that the danger of conveying such disease by such child has passed; provided, that if such a child returns to school without such a certificate, after having been absent on account of such infection or exposure, he shall immediately be referred to a school physician for examination and, if it is found by such physician upon such examination that such danger has passed, he may remain at school.
Approved February 27, 1952.
Chap. 90 An Act relative to sentences to the Massachusetts
REFORMATORY FOR THE CRIME OF LARCENY.
G. L. (Ter. Ed.). 279. § 33, amended.
Be it enacted, etc., as follows:
Section 33 of chapter 279 of the General Laws, as appearing in the Tercentenary Edition, is hereby amended by inserting after the word "larceny", in line 2, the words: — of property
Acts, 1952. — Chaps. 91, 92. 59
of a value exceeding one hundred dollars, — and by inserting after the word "offence", in Hne 8, the words: — , including larceny of property of a value not exceeding one hundred dollars, — so as to read as follows : — Section 33. Whoever sentences to is sentenced to the Massachusetts reformatory for larceny of forTaraeny'' property of a value exceeding one hundred dollars or for any regulated. ' felony may be held therein for not more than five years unless sentenced for a longer term, in which case he may be held therein for such longer term; if committed to said reformatory as a delinquent child he may be held therein for not more than two years; if sentenced to said reformatory for drunkenness he may be held therein for not more than one year; if sentenced to said reformatory for any other offence, including larceny of property of a value not exceed- ing one hundred dollars, he may be held therein for not more than two years. Approved February 27, 1952.
An Act further regulating personal collateral loans Chap. 91
BY credit unions.
Be it enacted, etc., as follows:
Paragraph 5 of subdivision (A) of section 24 of chapter 171 g- l. (Ter of the Genera,l Laws, as appearing in chapter 117 of the etc!, 'amended.' acts of 1951, is hereby amended by striking out, in hne 1, the word "three" and inserting in place thereof the word: — five, — so as to read as follows: —
5. To an amount not exceeding five thousand dollars, if Personal evidenced by the note of the borrower and with sufficient by credft collateral pledged to secure the same made up of bonds or "e^gXted. notes of the United States, or of any state or subdivision thereof, w^hich are legal investments for savings banks, or credit unions, in this commonwealth valued at not more than eighty per cent of their market value, or by the assign- ment of the pass book of a depositor in a sa\angs bank doing business in any of the New England states or in the savings department of a trust company or national banking associa- tion doing business in this commonwealth, or the pass book of a depositor in a co-operative bank incorporated under chapter one hundred and seventy, or policies issued by life insurance companies authorized to transact business in this commonwealth, valued at not more than their cash surrender value. Approved February 27, 1952.
An Act relative to the removal of overhead wires fhn^ oo
AND construction IN THE CITY OF NEW BEDFORD. "'
Be it enacted, etc., as follows:
Section 4 of chapter 335 of the acts of 1914 is hereby amended by striking out, in line 20, the word "thirty" and inserting in place thereof the word : — fifty.
Approved Febi^uary 27, 1952.
60 Acts, 1952. — Chaps. 93, 94, 95.
Chap. 93 An Act relative to investments of trust companies
IN REAL ESTATE FOR THE TRANSACTION OF THEIR BUSI- NESS.
Be it enacted, etc., as follows:
Ed.),' ivl^i 41, Section 41 of chapter 172 of the General Laws is hereby
etc.. amended, amended by striking out the last sentence, as appearing in
chapter 36 of the acts of 1947, and inserting in place thereof
oflrult'com- ^^^ following Sentence: — Any sums that may be recovered
panics in cer- by a trust compauy through the sale or other disposal of real
reguia^ted^^ ^ ^' estate Or any part thereof held under this section, together
with such sums as are allowable for ordinary depreciation
under the provisions of the federal income tax law, and such
additional sums as are taken on account of depreciation or
obsolescence, or for other reason, with the consent of the
commissioner or at his direction, shall be deducted from the
amount considered to be invested in such real estate.
Approved February 27, 1952.
Chap. 94 An Act relative to officers and committees of credit
UNIONS.
Be it enacted, etc., as follows:
Ed^' 17^5 15 Section 15 of chapter 171 of the General Laws is hereby
ameAded.' ' amended by striking out the first sentence, as appearing in
the Tercentenary Edition, and inserting in place thereof the
Officers and follouing Sentence: — The directors at their first meeting
committees of p, , , . ,. i n i ^ r ii • i
credit unions, alter the anuual meeting shall elect irom their own number prescribed. g^ president, one or more vice-presidents, a clerk, a treasurer and such other officers as may be necessary for the trans- action of the business of the credit union, who shall be the officers of the corporation, a credit committee of not less than three members and an auditing committee of three members, all of whom shall hold office until their successors are quali- fied unless sooner removed as hereafter provided.
Approved February 27, 1952.
Chap. 95 An Act relative to the powers and duties of auditing
COMMITTEES OF CREDIT UNIONS.
Be it enacted, etc., as follows:
Ed^.' 17U § 17. Section 17 of chapter 171 of the General Laws, as appear-
amended." ' ing iu the Tercentenary Edition, is hereby amended by add-
Expenses of ing at the end the following sentence : — The members of
commft^es of the auditing committee may receive such reimbursement for
credit unions, actual cxpeuses iucurred in the performance of their duties
as the board may authorize, subject to the approval of the
members at the next annual meeting or at a special meeting
called for the purpose. Approved February 27, 1952.
Acts, 1952. — Chaps. 96, 97, 98. 61
An Act relative to investments by banking companies. Chav. 96 Be it enacted, etc., as follows:
Clause Second of section 7 of chapter 172A of the General gj^- ^J^^^ Laws, as most recently amended by chapter 35 of the acts of § 7, etc., 1948, is hereby further amended by inserting before the word *™^'' ^ " "of" in lines 2 and 8, in each instance, the words: — and sub- division (c) of clause Fifteenth, — so as to read as follows: —
Second. In any securities authorized as investments for investments savings banks by clauses Second to Seventh, inclusive, and comprniMf sub-division (c) of clause Fifteenth of section fifty-four of '■egulated. chapter one hundred and sixty-eight; provided, that not more than twenty per cent of its certificate and other funds shall be invested by any such corporation in the classes of securities referred to in sub-divisions (c) to (i), inclusive, of said clause Second and in said clauses Third to Seventh, inclusive, and sub-division (c) of clause Fifteenth of said section fifty-four, and provided, further, that not more than one per cent of its certificate and other funds shall be in- vested by any such corporation in the obfigations of any one of the obligors referred to in said sub-divisions and clauses.
Approved February 27, 1952.
An Act relative to the record of ownership of the Chav. 97 capital stock of a banking company by a director thereof.
Be it enacted, etc., as follows:
Section 3 of chapter 172A of the General Laws is hereby g. l. (Ter. amended by inserting after the word "therein" in line 22, f 3;^;tcl^'^" as appearing in section 5 of chapter 266 of the acts of 1938, amended, the words: — , in his own right, — so that the fifth sentence will read as follows : — Thereafter all provisions of general ^odf by'^ °^ law from time to time appHcable to the increase or the re- directors. duction of the capital stock of trust companies shall apply ^^^^^ to such corporation, and no person shall be a director of any such corporation unless he is a stockholder of record holding unpledged shares of stock therein, in his own right, of an aggregate value of not less than one thousand dollars, shares of stock with par value to be computed for this purpose at their par value and shares without par value to be computed at the value, at the time of issue, of the cash, property, services or expenses for which they were issued, but not in- cluding paid-in surplus. Approved February 27, 1952.
An Act relative to the non-criminal disposition of Chav. 98
parking violations, so called. Be it enacted, etc., as follows:
The third paragraph of section 20A of chapter 90 of the Q l. (Ter. General Laws is hereby amended by inserting after the word f 20A^etc., "committed", in line 11, as appearing in section 2 of chap- amended. ter 425 of the acts of 1949, the words : — in a particular city or town and. Approved February 27, 1952.
62
Acts, 1952. — Chaps. 99, 100.
Chap. 99 An Act further regulating the sale of coke. Be it enacted, etc., as follows:
G. L. (Ter. Ed.). 94, § 248, etc., amended.
Penalties for certain offences.
Chapter 94 of the General Laws is hereby amended by striking out section 248, as most recently amended by chapter 222 of the acts of 1946, and inserting in place thereof the following section : — Section 248. Whoever violates any provision of sections two hundred and forty to two hundred and forty-seven, inclusive, if no other penalty is provided therein, or of a rule or regulation made under section two hundred and thirty-nine A, or fails to comply with any re- quest for information or direction made under authority of sections two hundred and forty, two hundred and forty-one, and two hundred and forty-four to two hundred and forty- six, inclusive, or gives a false answer to any such request, shall be punished by a fine of not more than fifty dollars; and whoever is guilty of fraud or deceit as to the weighing, selling or delivering of coke, charcoal or coal, or the measur- ing, selhng or dehvering of fuel oil or range oil, or whoever, by himself, or by his servant, agent or employee, sells or deUvers or attempts to sell or deliver coal or coke which is short in weight or coal which contains an unrea,sonable amount of shale, slate, rock or other foreign substance or which produces an excessive amount of non-combustible residue, including ash, shall be punished by a fine of not more than one thousand dollars or b}'- imprisonment for not more than one year, or both. The director of standards and necessaries of life and local sealers of weights and measures shall cause sections two hundred and forty to two hundred and forty-nine, inclusive, and rules and regulations made under section two hundred and thirty-nine A, to be enforced.
Approved February 27, 1952.
Chap. 100 An Act further defining the term "safety glass'
UNDER THE PROVISIONS OF THE MOTOR VEHICLE LAWS.
G. L. CTer. Ed.). 90, § 9A, etc., amended.
"Safety glass", defined.
Be it enacted, etc., as follows. •
Chapter 90 of the General Laws is hereby amended by striking out section 9A, as most recently amended by chap- ter 358 of the acts of 1949, and inserting in place thereof the following section: — Section 9 A. No person shall operate any motor vehicle, and the owner or custodian of a motor vehicle shall not permit the same to be operated with parti- tions, doors, windows or windshields of glass unless such glass is of a type known as safety glass. The term "safety glass", as used herein, shall include any glass designed to minimize the likelihood of personal injury from its breaking or scattering when broken, and which is of a type complying with such minimum standards for construction and per- formance as the registrar may prescribe. Tliis section shall not apply to motor vehicles manufactured prior to January first, nineteen hundred and thirty-six.
Approved February 27, 1962.
Acts, 1952. — Chaps. 101, 102. 63
An Act amending the charter of trinity church in Q]^qj) \{)\
THE city of boston.
Be it enacted, etc., as follows:
Section 1. Chapter 83 of the acts of 1830 is hereby amended by striking out section 1 and inserting in place thereof the following section: — Section 1. The proprietors of pews in Trinity Church, in the city of Boston and their successors, and such other persons as shall become members of the corporation after the manner prescribed in its by-laws, are hereby made a corporation by the name Trinity Church in the city of Boston and may have, exercise and enjoy all the rights and privileges which, as a protestant episcopal church, they have heretofore possessed and enjoyed, and to which other religious societies are by law entitled; and said corporation is empowered to make by-laws, by which the government of said society, its forms of proceedings, the duties and powers of its officers, the mode of calling meetings, and the due management of its concerns, shall be provided for and prescribed ; also to adopt, and, from time to time, to vary, a common seal; and to commence and prosecute or defend any suit or action at law or in equity, necessary or proper to be prosecuted or defended, to enforce or protect their rights, claims and privileges. Without restricting the generality of the foregoing, said corporation may in particular grant by its by-laws to such individuals, groups of individuals or organizations as may be specified the power to elect to membership in the corporation persons other than pro- prietors of pews, and said corporation may also determine by its b3''-laws the number of persons (other than proprietors of pews) to be elected to membership, as well as the terms for which and the conditions subject to which members may be elected.
Section 2. This act shall take effect upon its acceptance b}^ vote of the proprietors of pews of Trinity Church in the city of Boston at any annual or special meeting held before January first, nineteen hundred and fifty-three, and the filing with the state secretary of a certified copy of said vote, but not otherwise. Approved February 27, 1952.
Chap.102
An Act further regulating the shutting off of the supply of gas or electricity by gas or electric com- PANIES.
Be it enacted, etc., as follows:
Section 124 of chapter 164 of the General Laws, as most g. l. (Ter.
P^H '^ 1 fid.
recently amended by section 2 of chapter 376 of the acts of § 124, etc., 1935, is hereby farther amended by inserting after the amended, word "notice", in line 8, the words: — , exclusive of Satur- days, Sundays and legal hohdays, — so as to read as follows : — Section 124- Except as otherwise provided in section one shutting og
64
Acts, 1952. — Chaps. 103, 104.
gas or electricity by utility oompaniee, regulated.
hundred and twenty-four A, a gas or electric company may stop gas or electricity from entering the premises of any person faiUng to pay the amount due therefor or for the use of the meter or other article hired by him from such com- pany; and, for such purpose, the officers, servants or work- men thereof may, after thirty-six hours' notice, exclusive of Saturdays, Sundaj^s and legal holidays, enter his premises between the hours of eight in the forenoon and four in the afternoon and separate and take away such meter or other property of the company, and maj^ disconnect any meter, pipe, wires, fittings or other works, whether they are property of the company or not, from its mains, pipes or wires.
Approved February 27, 1952.
Chap .103 An Act to require persons in the business of con- ducting AUCTIONS OF SECOND HAND MOTOR VEHICLES TO BE LICENSED THEREFOR. »
Be it enacted, etc., as follows:
Section 1. Section 57 of chapter 140 of the General Laws, as appearing in the Tercentenary Edition, is hereby amended by adding at the end the foUomng sentence : — This section shall apply to any person engaged in the busi- ness of conducting auctions for the sale of motor veliicles.
Section 2. Section 58 of said chapter 140, as so appear- ing, is hereby amended by striking out the paragraph entitled "Class 2" and inserting in place thereof the following: —
Class 2. Any person whose principal business is the bujdng or selling of second hand motor vehicles may be granted a used car dealer's license.
Approved February 27, 1952.
G. L. (Ter. Ed.). 140, 5 57, amended.
License, when required.
G. L. (Ter. Ed.). 140, § 58, amended.
Classes of licenses.
Chap. 104^ An Act relative to the annual observance of civil
RIGHTS WEEK.
Be it enacted, etc., as follows:
EdV'e^neW Chapter 6 of the General Laws is hereby amended by
§ 12P. added. Inserting after section 120, inserted by chapter 263 of the
Annual observ- acts of 1949, the followiug scctiou: — Section 12P. The
T^ghuwZk. governor shall annually issue a proclamation setting apart
the week of December eighth through December fifteenth
as civil rights week, and recommending that it be observed
by the people with appropriate exercises in the schools and
otherwise, for the protection and implementation of these
four basic rights: — (1) the right to safety and security
of person; (2) the right of citizenship and its privileges;
(3) the right to freedom of conscience and expression;
(4) the right to equality of opportunity; which have been the core of our democratic philosophy of government.
Approved February 27, 1952.
Acts, 1952. —Chaps. 105, 106. 65
An Act relative to loans by credit unions secured by Qfidj) \Q^
MORTGAGES OF REAL ESTATE.
Be it enacted, etc., as follows:
Section 1. Subdivision (B) of section 24 of chapter 171 Ed^m"* of the General Laws, as most recently amended by chap- §24.' etc* ter 178 of the acts of 1947, is hereby further amended by ^'^^''^^■ striking out paragraph 3 and inserting in place thereof the folio wng paragraph: —
3. In first mortgages of real estate not exceeding eighty Certain loans per cent of the value of the premises to be mortgaged, may unions^'* be made for a period of not more than twenty years from regulated, the date of the note; provided, that the terms of the note shall require fixed monthly payments, in the same amount during the term of the loan, except that the fixed monthly payments for the first five years or any part thereof may be required for a larger amount than for the remaining term, which payments shall be first applied to interest and the balance theieafter remaining applied to principal. Interest upon each loan shall be computed monthly on the unpaid balance thereof. Any mortgage taken under this sub- section shall contain a provision requiring the payment each month of a proportionate part of the estimated real estate taxes and betterment assessments. Nothing con- tained herein shall prohibit a credit union from accepting additional payments on the principal at any time.
Section 2. Said subdivision (B) of said section 24 of Q^^. (Ter. said chapter 171, as so amended, is hereby further amended §24.' etc* by striking out paragi-aph 4. ImSded.
Approved February 27, 1952.
An Act placing the office of assistant director of
veterans' benefits of the city of LYNN UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of assistant director of veterans' benefits of the city of Lynn shall, upon the effective date of this act, become subject to the civil service laws and rules, and the tenure of office of any incumbent thereof shall be unHmited, subject, however, to said laws. The incumbent of said office on said effective date shall be subjected to a quahfying examination by the division of civdl service, and if he passes said examination he shall be certified for said office and shall be deemed to be permanently appointed thereto without being required to serve any probationary period.
Section 2. This act shall, take full effect upon its ac- ceptance by vote of the city council of said city, subject to the provisions of its charter, but not otherwise.
Approved February 27, 1952.
Chap.im
66
Acts, 1952. — Chaps. 107, 108.
G. L. (Ter. Ed.), 94. § 303F, etc., amended.
Delivery of fuel oils, regulated.
Chap. 107 An Act regulating the delivery of fuel oils.
Be it enacted, etc., as follows:
Section 303F of chapter 94 of the General Laws, inserted by chapter 95 of the acts of 1935, is hereby amended by in- serting after the word "sells", in line 1, the words: — or de- livers, — so as to read as follows : — Section S03F. Who- ever sells or delivers fuel oil in quantities of ten gallons or over for heating or cooking purposes shall cause a certificate or memorandum to be issued and delivered to the purchaser or his agent at the time of delivery of such oil. Such certifi- cate or memorandum shall include the names and addresses of the seller and of the purchaser, and a statement of the quantity of oil delivered, in terms of gallons and fractions thereof, if any. Whoever violates any provision of this sec- tion shall be punished by a fine of not more than fifty dollars.
Approved February 27, 1952.
Chap. lOS An Act relative to the withdrawal of towns from
SCHOOL SUPERINTENDENCY UNIONS.
Be it enacted, etc., as follows:
Chapter 71 of the General Laws is hereby amended by striking out section 61, as amended by section 1 of chapter 643 of the acts of 1951, and inserting in place thereof the following: — Section 61. The school committees of two or more towns, each having a valuation less than two million five hundred thousand dollars, and having an aggregate maximum of seventy-five, and an aggregate minimum of twenty-five, schools, and the committees of four or more such towns, having said maximum but irrespective of said minimum, shall form a union for employing a superintendent of schools. A town whose valuation exceeds said amount, may participate in such a union but otherwise subject to this section. Such a union shall not be dissolved except by vote of the school committees representing a majority of the participating towns ^^ith the consent of the department, nor by reason of any change in valuation or the number of schools, except that any town with a valuation of over two million dollars may withdraw from such a union if a majority of the voters of the town voting on the question of such with- drawal at an annual town meeting vote in favor thereof; and except, further, that any town with a valuation of over two million dollars which has adopted a form of representative town meeting government under general or special law may withdraw from such a union if a majority of the voters of the town voting thereon vote in the affirmative in answer to the question of such withdrawal which shall be placed upon the official ballot to be used for the election of town officers at an annual town meeting in the following form: — "Shall the town of withdraw from the school superin-
tendency union comprising said town and the town(s) of and ?" Approved February 28, 1952.
G. L. (Ter. Ed.), 71. § 61, etc.. amended.
Withdrawal of towns from school superintend- ency uniona, regulated.
Acts, 1952. — Chap. 109. 67
An Act relative to the membership of the board of (JJiq^oj IQQ
ZONING adjustment OF THE CITY OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section 20 of chapter 488 of the acts of 1924, as most recently amended by section 1 of chapter 328 of the acts of 1950, is hereby further amended by striking out the first four sentences and inserting in place thereof the following: — There shall be in the city of Boston a board, known as the Board of Zoning Adjustment, consisting of the chairman of the city planning board, ex officio, and eleven other members, and eleven alternates, appointed by the mayor as follows : — one member from two candidates, and one alternate from two other candidates, nominated by the Associated Industries of Massachusetts, one member *
from two candidates, and one alternate from two other candidates, nominated by the Boston Central Labor Union, one member from two candidates, and one alternate from two other candidates, nominated by the Boston Chamber of Commerce, one member from two candidates, and one alternate from two other candidates, nominated by the Boston Real Estate Board, one member from two candidates, and one alternate from two other candidates, nominated by the Massachusetts Real Estate Association, one member from two candidates, and one alternate from two other candidates, nominated, both in the case of the member and in the case of the alternate, one by the Boston Society of Architects and one by the Boston Society of Landscape Architects, one member from two candidates, and one alternate from two other candidates, nominated by the Boston Society of Civil Engineers, one member from two candidates, and one alternate from two other candidates, nominated by the Master Builders' Association of Boston, one member from two candidates, and one alternate from two other candidates, nominated by the Massachusetts Motor Truck Association, Inc., one member from two candidates, and one alternate from two other candidates, nominated by the United Improvement Association, and one member, and one alternate, selected at large by the mayor. All appointive members, and all alternates, shall be residents of or engaged in business in Boston. As the term of any appointive member expires, his successor shall be appointed in like manner as such member for a term of five years. Any vacancy in the office of an appointive member shall be filled in the same manner for the unexpired term. As the term of any alternate expires, his successor shall be appointed in like manner as such alternate. Any vacancy in the office of an alternate shall be filled in the same manner. Every person appointed an alternate shall be so appointed that his term will expire at the same time as the term of the incumbent member appointed in the same manner as such alternate. Whenever there is a vacancy in the office of an appointive member, or whenever an ap-
68 Acts, 1952. —Chaps. 110, 111.
pointive member is absent or unable from any cause to perform his duties, the alternate appointed in the same manner as such member shall exercise the powers and perform the duties of such member; but an alternate shall not otherwise be deemed to be, or act as, a member of the board.
Section 2. The tenures of the appointive members of the board of zoning adjustment of the city of Boston in office when this act takes effect shall not be affected thereby ; but they shall serve according to the provisions of their respective appointments.
Section 3. This act shall take effect upon its passage.
Approved February 28, 1952.
Chap. 110 An Act authorizing st. luke's hospital of new Bedford
TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section nine of chapter one hundred and eighty of the General Laws, St. Luke's Hospital of New Bedford, incorporated under the General Laws, is hereby authorized to hold, for the purposes for which it was incorporated, real and personal estate to an amount not exceeding twenty-five million dollars in value, in- cluding the amount which it is already authorized by law to hold.
Section 2. This act shall take effect upon its passage.
Approved February 28, 1952.
Chap. Ill An Act providing for control over municipal public
PARKING places BY THE TRAFFIC COMMISSION OF THE CITY OF MALDEN.
Be it enacted, etc., as follows:
Section 1. Section 3 of chapter 67 of the acts of 1947 is hereby amended by inserting after the word "streets", in line 7, the words: — , municipal public parking places, — so that the first sentence will read as follows : — The com- mission shall have exclusive authority, except as otherwise herein provided, to adopt, amend, alter and repeal rules and regulations, not inconsistent with general law as modified by this act, relative to vehicular street traffic in the city, and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, municipal public parking places, ways, highways, roads and parkways, under the con- trol of the city, including rules and regulations designating any way or part thereof under said control as a through way under and subject to the provisions of section nine of chap- ter eighty-nine of the General Laws, and may prescribe penalties not exceeding fifty dollars for the violation of any rule or regulation adopted hereunder.
Section 2. This act shall take effect upon its passage.
Approved February 28, 1952.
Acts, 1952. — Chaps. 112, 113. 69
An Act relative to expenditures of fees collected QJiq^jj \\2
BY inspectors OF BUILDINGS AND BOARDS OF HEALTH IN CITIES AND TOWNS.
Whereas, The deferred operation of this act would tend to Emergency defeat its purpose, which is to make its provisions relative to p""*^^"^^ ®- expenditures of certain fees collected in cities and towns effective without delay, 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:
Chapter 142 of the General Laws is hereby amended by g. l. (jer striking out section 15, as appearing in the Tercentenary amended.' Edition, and inserting in place thereof the following sec- tion:— Section 16. Inspectors of buildings and boards of ^porfi health shall annually, before June first, make a detailed re- required, port to their respective cities or towns of all their proceedings under sections one to sixteen, inclusive, during the preceding year. Approved February 28, 1952.
An Act relative to certain lines, poles and other Qhav.W^
EQUIPMENT OF WESTERN MASSACHUSETTS ELECTRIC COM- PANY AND NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY IN THE TOWN OF BLANDFORD.
Be it enacted, etc., as follows:
Section 1. All lines for the transmission of electricity for light, heat or power heretofore erected or acquired by Western Massachusetts Electric Company, and all lines heretofore erected or acquired by New England Telephone and Telegraph Company for the transmission of intelligence by electricity or by telephone, upon, along, under or over the public ways and places of the town of Blandford, and the poles, piers, abutments, conduits, manholes and other fix- tures necessary to sustain, protect or operate the wires and cables of said lines and actually in place on the effective date of this act, are hereby made lawful, notwithstanding the lack of any valid locations therefor, or any informality in the pro- ceedings relative to their location and erection; provided, that the validation aforesaid shall not be effective as to the lines, structures or fixtures aforesaid of either or both of said companies in said town unless the company or companies owning the same shall have filed with the clerk of said town not later than December thirty-first, nineteen hundred and fifty-two, a map or maps showing the location and nature of said lines, structures and fixtures in said town, such map or maps so filed to be recorded and kept with the records of original locations for poles and wires in said town.
Section 2. This act shall take effect upon its passage.
Approved February 28, 1952.
70 Acts, 1952. — Chaps. 114, 115.
Chap. 114: An Act relative to the salaries of the justices, clerk,
AND assistant CLERKS OF THE MUNICIPAL COURT OF THE ROXBURY DISTRICT.
Be it enacted, etc., as follows:
Section 1. Section 3B of chapter 768 of the acts of 1951 is hereby amended by adding at the end the following sen- tence:— This section shall not apply to the offices of the clerk and the assistant clerks of the municipal court of the Roxbury district nor to the office of the justice of said court estabhshed by chapter seven hundred and sixty-two of the acts of nineteen hundred and fifty-one.
Section 2. Said chapter 768 is hereby further amended by striking out section 4 and inserting in place thereof the following section: — Section 4- The provisions of this act relating to the clerk and the assistant clerks of the municipal court of the Roxbury district and the provisions thereof relating to the office of justice of said court established by chapter seven hundred and sixty-two of the acts of nineteen hundred and fifty-one shall take effect as of the time of taking effect of chapter seven hundred and sixty-two of the acts of nineteen hundred and fifty-one. The other provisions of this act shall take effect as of September first, nineteen hundred and fifty-one.
Section 3. Chapter 762 of the acts of 1951 is hereby amended by inserting after section 4 the following section : — Section J^A. Notwithstanding any provisions of this act to the contrary, the provisions of sections seventy-seven A and seventy-eight of chapter two hundred and eighteen of the General Laws in effect immediately prior to the effective date of this act shall remain in effect and apply to appoint- ments to the office of justice of the municipal court of the Roxbury district referred to therein which are made on and after said effective date.
Section 4. Sections one and two of this act shall take effect as of the time of taking effect of chapter seven hundred and sixty-eight of the acts of nineteen hundred and fifty-one; and section three of this act shall take effect as of the time of taking effect of chapter seven hundred and sixty-two of the acts of nineteen hundred and fifty-one.
Approved February 28, 1952.
Chap. 115 An Act authorizing cities and towns to provide head- quarters FOR LOCAL POSTS OF THE LITHUANIAN WAR VETERANS ORGANIZATION, INC.
Be it enacted, etc., as follows:
Edo.io.l's, Section 9 of chapter 40 of the General Laws is hereby
etc!, 'amended, amended by inserting after the words " Polish- American
Veterans, Inc.", inserted by chapter 303 of the acts of 1950,
the words: — and for a post of the Lithuanian War Veterans
Organization, Inc. Approved February 28, 1952.
Acts, 1952. — Chaps. 116, 117. 71
An Act authorizing annual payments by the city of (Jhn^ \\a
BOSTON TO THE PROPRIETORS OF THE SOCIAL LAW ^
LIBRARY.
Be it enacted, etc., as follows:
The treasurer of the city of Boston shall in each year, without further authority than that contained in this act, pay to The Proprietors of the Social Law Library such sum or sums as the city council of said city, with the approval of the mayor, may in such year appropriate therefor. All sums so paid shall be applied by The Proprietors of the Social Law Library to the purchase of books and the maintenance of said library. Approved February 28 ^ 1952.
An Act increasing the penalty for the illegal prac- nh„j^ 117
TICE OF dentistry. ^'
Be it enacted, etc., as follows:
Chapter 112 of the General Laws is hereby amended by o. l. (Ter. striking out section 52, as amended by chapter 123 of the ^tllam^ded^' acts of 1948, and inserting in place thereof the following section : — Section 52. Any person who falsely asserts that Penalties for he has a certificate granted by the board, or who, having of^lenS'^y'''^ such certificate or a duplicate thereof, fails to exhibit the same as required by section forty-five, or who falsely and with intent to deceive claims to be a graduate of any college granting degrees in dentistry, or who, except as permitted by section fifty-three, directly or indirectly practices or attempts to practice dentistry or dental hygiene without being registered under sections forty-five to fifty-one, in- clusive, or corresponding provisions of earlier laws, or any registered dentist or incorporated dental company who em- ploys or permits a person to practice dentistry unless such person is registered and exhibits his name and certificate as provided in sections forty-four and forty-five, or any person who violates any provision of sections forty-three to fifty- three, inclusive, for which no other penalty is provided, shall, except as provided in section sixty-five, be punished for the first offence by a fine of not less than three hundred dollars or by imprisonment for six months, or both; and for a subsequent offence by a fine of not less than one thousand dollars or by imprisonment for six months, or both ; and any registered dentist who fails to exhibit his full name, as re- quired by section forty-four, shall be punished by a fine of not more than fifty dollars; provided, that any corporation violating any provision of sections forty-three to fifty-three, inclusive, shall be punished by the fine herein provided for such violation, and its officers, owners or managers con- cerned in the violation shall be punished by the fine or imprisonment herein provided for such violation, or both.
Approved February 28, 1952
72 Acts, 1952. —Chaps. 118, 119, 120.
Chap. 118 An Act allowing the granting of awards to munici- pal EMPLOYEES.
Be it enacted, etc., as follows:
Edo'io.ls. Section 5 of chapter 40 of the General Laws is hereby etc!, 'amended, amended by inserting after clause (42), inserted by chapter
113 of the acts of 1951, the following clause: — awa^di'^to"^ ('^^) ^^^ ^^^ granting of monthly cash awards to munici-
oertain mu- pal employees who, in the judgment of a committee to be pioye^r™ appointed by the mayor, or in cities governed by the Plan E authorized. form of charter the city manager, or in towns by the chair- man of the board of selectmen, submit the most valuable suggestions for improving the service of the municipality, a sum not exceeding, in any one year, one one-thousandth of one per cent of the assessed valuation of the preceding year, but in no event more than one thousand dollars.
Approved February 28, 1952.
Chap. 11^ An Act authorizing the commissioner or labor and
INDUSTRIES TO SUSPEND THE APPLICATION OF CERTAIN LABOR LAWS.
Be it enacted, etc., as folloxos:
The commissioner of labor and industries is hereby au- thorized, in conformity with Article XX of Part the First of the Constitution of the Commonwealth, to suspend until July first, nineteen hundred and fifty-three, the application or operation of any provision of chapter one hundred and forty-nine of the General Laws or of any rule or regulation made thereunder, regulating, limiting or prohibiting the employment of women or minors, or both. The commis- sioner shall exercise this authority when he finds, after opportunity has been given to interested parties to be heard, that an emergency exists or that conditions of hardship in an industry, branch of an industry, or individual establish- ment require or justify the suspension of any provision of such laws, rules or regulations. Suspensions issued by the commissioner shall prescribe, and may be either granted or limited to, one or more particular departments, opera- tions or occupations within an establishment, or a particular industry or branch of an industry. The commissioner shall appoint industry advisory committees, on which employers and employees shall be equally represented, to consult and advise with him in matters relating to the suspensions au- thorized by this act. Approved February 28, 1952.
Chap. 120 An Act relative to the admissibility in evidence of
BUSINESS AND PUBLIC RECORDS.
Be it enacted, etc., as follows:
G. L. (Ter. Chapter 233 of the General Laws is hereby amended by
Mw'l^79E. inserting after section 79D, inserted by chapter 240 of the added. g^ts of 1949, the following section: — Section 79E. If any
Acts, 1952. —Chaps. 121, 122. 73
business, institution, member of a profession or calling, or Admissibility any department or agency of government, in the regular J," clrtai^^ course of business or activity, has kept or recorded any records.
, ... , ■ , 1 L- 1 • regulated.
memorandum, wntmg entry, prmt, representation or combi- nation thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of busi- ness unless held in a custodial or fiduciary capacity or unless its preservation is required by law. Such reproduction, when satisfactorily identified, shall, in the discretion of the court or administrative body, be as admissible in evidence as the original itself in any judicial or administrative pro- ceeding, even though the original is in existence, and an enlargement or facsimile of such reproduction shall be hke- wise admissible in evidence if the original reproduction is in existence and available for inspection under direction of the court. The introduction of a reproduced record, enlarge- ment or facsimile shall not preclude admission of the original.
Approved February 28 y 1952.
An Act to make the so-called "Massachusetts lug" a Chav.V2\
LEGAL HALF-BUSHEL CONTAINER.
Be it enacted, etc., as follows:
Section 99A of chapter 94 of the General Laws, as amended Ed^.'gJ,^' by section 9 of chapter 261 of the acts of 1939, is hereby fur- § sqa. etc., ther amended by inserting after the fourth sentence the fol- *™^°'^®^- lowing sentence : — The Massachusetts lug for tomatoes sold getts Lug*^"' at wholesale or retail shall contain one thousand seventy- defined, eight and forty-three one hundredths cubic inches and shall be of the following dimensions by inside measurements: seventeen and one half inches in length by eight and one half inches in width by seven and one quarter inches in depth.
Approved February 28, 1952.
An Act placing the office of the medical examiner of Qfiaxf 122
THE police department OF THE CITY OF BOSTON UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The ofiice of the medical examiner of the police department of the city of Boston shall, upon the effective date of this act, become subject to the civil service laws and rules, and the tenure of ofiice of any incumbent of said office shall be unlimited, subject, however, to said laws and rules. The incumbent of said office on said effective date shall be subjected by the division of civil service to a quali- fying examination, and upon passing said examination he
74
Acts, 1952.— Chaps. 123, 124.
shall be certified for said office and shall be deemed to be permanently appointed thereto without serving any pro- bationary period.
Section 2. This act shall take full effect upon its ac- ceptance by the city council of the city of Boston, subject to the provisions of its charter, but not otherwise.
Approved February 28, 1952.
Chap. 12d -^N -^C'^ AUTHORIZING CITIES AND TOWNS TO BORROW MONEY FOR THE PURPOSE OF LINING WATER MAINS.
G. L. (Ter. Ed.), 44, § 8, etc., amended.
Municipal borrowing for water mains, etc.
G. L. (Ter. Ed.), 44. § 8, amended.
Same subject.
Effective date.
Be it enacted, etc., as follows:
Section 1. Clause (5) of section 8 of chapter 44 of the General Laws, as amended by chapter 83 of the acts of 1941, is hereby further amended by inserting after the word "diam- eter", in line 2, the words: — , and for lining such mains with linings of not less than one sixteenth of an inch, — so as to read as follows: —
(5) For laying and relaying water mains of not less than six inches but less than sixteen inches in diameter, and for lining such mains with linings of not less than one sixteenth of an inch, and for the development of additional well fields, including wells, pipes, and original pumping station equip- ment, fifteen years.
Section 2. Clause (6) of said section 8 of said chapter 44, as appearing in the Tercentenary Edition, is hereby amended by inserting after the word "diameter", in line 2, the words : — , and for lining such mains with linings of not less than one sixteenth of an inch, — so as to read as follows : —
(6) For constructing and laying aqueducts and water mains of sixteen inches or more in diameter, and for lining such mains with linings of not less than one sixteenth of an inch, twenty-five years.
Section 3. This act shall take effect as of January first in the current year. Approved February 29, 1952.
Chap. 124: An Act relative to expenditures by the town of
BOURNE FOR MUNICIPAL ADVERTISING PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Bourne may annually appro- priate a sum, not exceeding three thousand dollars, for the purpose of advertising the advantages of the town, with special reference to its facilities for summer vacation, recrea- tion, seashore, residential and small manufacturing purposes. The money so appropriated shall be expended under the di- rection of the selectmen.
Section lA. Chapter 164 of the acts of 1937 is hereby repealed.
Section 2. This act shall take full effect upon its ac- ceptance by said town after its passage.
Approved February 29, 1962.
Acts, 1952. — Chaps. 125, 126, 127. 75
An Act relative to service of process upon the exec- Qjidj) \2b
UTOR or administrator OF A DECEASED NON-RESIDENT operator OF A MOTOR VEHICLE.
Be it enacted, etc., as follows:
Section 3A of chapter 90 of the General Laws, as appear- g. l. (Ter. ing in the Tercentenary Edition, is hereby amended by in- amended, serting after the word "him", in hne 9, the words: — or against his executor or administrator.
Approved February 29, 1952.
An Act relative to the operation of trackless Chap. 12Q
TROLLEYS.
Be it enacted, etc., as folloios:
Chapter 90 of the General Laws is hereby amended by in- g. l. (Ter. serting after section 10 the following section: — Section 10 A. ftoA? added. No person shall operate a vehicle operated by the system Operation of known as trolleymotor or trackless trolley under chapter troUeyT one hundred and sixty-three, or under section ten of chap- regulated. ter five hundred and forty-four of the acts of nineteen hundred and forty-seven, unless he is also licensed to operate motor vehicles. In the operation of vehicles operated by the sys- tem known as trolleymotor or trackless trolley, the operator shall obey all provisions of law, ordinances, by-laws, rules and regulations pertaining to the operation of motor vehicles not inconsistent with the construction or source of power of said trolleymotor or trackless trolley vehicles or specific provisions of law, ordinances, by-laws, or rules and regula- tions relating to the operation of said trolleymotor or track- less trolley vehicles. Nothing in this section shall be con- strued to include vehicles operated by the system known as trolleymotor or trackless trolley within the definition of "motor vehicles" as contained in section one of this chapter. For violation of this section, however, the registrar may take such action upon the motor vehicle license of the operator as he is authorized to take for violations committed in the operation of motor vehicles. Approved February 29, 1952.
An Act authorizing the town of southborough to es- Qhn'r) 1 27
TABLISH A BOARD OF PUBLIC WORKS EXERCISING THE ^'
POWERS OF CERTAIN OTHER BOARDS, DEPARTMENTS AND OFFICES.
Be it enacted, etc., as follows:
Section L There shall be established in the town of Southborough a board of public works, hereinafter called the board, to consist of three members. The initial members thereof shall be elected at the annual town meeting next following the date on which this act shall become fully effective, as follows: — one to serve for one year, one for
76 Acts, 1952. — Chap. 127.
two years, and one for three years from the date of said an- nual town meeting; and thereafter when the term of any member expires, his successor shall be elected to serve for three years. In all cases, the members shall serve until their successors are elected and quahfied. Upon the date when this act shall become fully effective as provided in section four and pending the election of the initial members of the board, the board of selectmen shall act as such board of public works with all the powers, rights and duties provided in section two. The members of the board of pubUc works shall forthwith after each annual town election, elect one of their members to act as chairman to serve until the next annual town election. Vacancies in the board shall be filled for the unexpired term by a joint meeting of the board of selectmen and the then remaining members of the board of pubUc works. No person shall serve on the board who holds another elective or appointive office in the town. The mem- bers of the board shall receive such compensation for their services as the town may determine.
Section 2. Upon the date when this act becomes fully effective the board shall have the powers, rights and duties now or from time to time vested by general or special law in the following boards, departments and offices in said town, to wit: water commissioners, highway department, includ- ing the superintendent of streets, cemetery commissioners, park department, moth department, and tree warden, and such boards, departments and offices shall thereupon be aboUshed. In addition, the board is hereby authorized to and shall assume all powers, rights, duties and liabilities with respect to the collection and disposal of garbage in said town. No contracts or liabihties in force on the date when this act becomes fully effective shall be affected, but the board shall in all respects be the lawful successor of the boards, depart- ments and offices so abolished.
Section 3. The board shall appoint a superintendent of public works and fix his compensation. He shall be a com- petent civil engineer, being especially fitted by training and experience to perform the duties of said office. He may or may not be a resident of the town. The board of selectmen acting as a board of public works as provided in section one, may appoint and remove a temporary superintendent of public works to serve until the election of the board of public works and may fix his compensation. The appointment of such temporary superintendent shall in no way be binding on the board of public works. The temporary superintendent so appointed need not possess the qualifications required hereunder in case of the appointment of a superintendent by the board of public works. The superintendent shall exer- cise and perform under the supervision and direction of the board, such of the powers, rights and duties transferred to it under section two as it may from time to time designate. The superintendent shall be responsible for the efficient exercise and performance of such powers, rights and duties.
Acts, 1952. — Chap. 127. 77
The board by a majority vote may at any time remove the superintendent for cause after a hearing or an opportunity therefor, provided a written statement setting forth specific reasons for such removal is filed with the town clerk and a copy thereof delivered to or sent by registered mail to said superintendent at least five days before the date of said proposed hearing. The action of the board shall be final. No member of the board shall be eligible for appointment as such superintendent of public works. During his tenure, the superintendent shall hold no elective or other appointive office, nor shall he be engaged in any other business or occu- pation. The superintendent shall, subject to the approval of the board, appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require and may remove them, subject to the approval of the board. He shall keep full and complete records of the doings of his office and render to the board as often as it may require a full report of all operations under his control during the period reported upon; and annually and from time to time as required by the board, he shall make a synopsis of such reports for publication, including an annual report for publication in the town report. He shall keep the board fully advised as to the needs of the town with- in the scope of his duties, and shall annually furnish to the board not later than the first day of December of each year a carefully prepared and detailed estimate in writing of the appropriation required during the next succeeding fiscal year for the proper exercise and performance of all said powers, rights and duties. The superintendent, as the board may direct, may undertake such engineering services as the town may need in departments other than those mentioned in section two.
Section 4. This act shall take full effect when accepted by a majority of the voters of said town present and voting thereon by ballot in accordance with the provisions of Gen- eral Laws, so far as the same shall be applicable, at a meeting which the selectmen shall call for the purpose, not later than thirty days before the annual town meeting, in answer to the following question which shall be placed upon the official ballot to be used at said meeting: — "Shall an act passed by the General Court in the year nineteen hundred and fifty-two entitled 'An Act authorizing the town of South- borough to establish a board of public works exercising the powers of certain other boards, departments and oflfices', be accepted? "
Section 5. At any time after the expiration of three years from the date on which this act is accepted, twenty per cent of the qualified voters of the town may petition the selectmen that the question of revoking the acceptance of this act be submitted to the voters at a meeting to be held at least sixty days before the annual town meeting. The vote