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appropriate a certain sum for municipal advertising purposes. Proviso.

under direction
of board
of selectmen.
Effective upon
acceptance by
voters, etc.

purpose of advertising the advantages of the town, with special reference to its facilities for summer vacation, recreation and seashore purposes; provided, however, that as to each such appropriation a sum equal to the amount thereof shall previously have been raised by public subscription and paid into the town treasury to be expended

To be expended for the aforesaid advertising purpose. The money so appropriated by the town and so raised by subscription shall be expended under the direction of the board of selectmen. SECTION 2. This act shall take effect upon its acceptance by a majority of the voters of the town of Rockport present and voting thereon at any special or regular town meeting; and for the purpose only of being submitted to the voters of said town as aforesaid, this act shall take effect upon its passage. Approved February 14, 1928.

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Chap. 39 AN ACT RELATIVE TO THE ADMISSION OF MATERIAL FACTS

G. L. 231, § 142, amended.

AND DOCUMENTS IN PROCEEDINGS BEFORE THE LAND
COURT AND IN OTHER PROCEEDINGS.

Be it enacted, etc., as follows:

Section one hundred and forty-two of chapter two hundred and thirty-one of the General Laws is hereby amended by inserting after the word "sixty-eight" in the sixth and seventh lines the word: -, sixty-nine, so as to read as

Sections appli- follows: - Section 142. Sections eight, twelve, thirteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, thirty, thirty-one,

cable to real and mixed actions begun in superior

court, and togs thirty-five, thirty-nine, forty-two, forty-three, forty-four,

before land

court, etc., except, etc.

forty-five, forty-seven, forty-eight, forty-nine, fifty, fiftyone, fifty-two, fifty-three, fifty-four, fifty-six, fifty-seven, fifty-eight, sixty, sixty-one, sixty-two, sixty-three, sixtyfour, sixty-five, sixty-six, sixty-seven, sixty-eight, sixty-nine, seventy-one, seventy-two, seventy-three, seventy-six, seventy-seven, seventy-eight, seventy-nine, eighty, eightyone, eighty-three, eighty-seven, eighty-nine, ninety, ninetysix, one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and fourteen, one hundred and fifteen, one hundred and sixteen, one hundred and seventeen, one hundred and eighteen, one hundred and nineteen, one hundred and twenty, one hundred and twentyone, one hundred and twenty-two, one hundred and twentythree, one hundred and twenty-four, one hundred and twenty-five, one hundred and twenty-six, one hundred and twenty-seven, one hundred and twenty-eight, one hundred and twenty-nine, one hundred and thirty, one hundred and thirty-one, one hundred and thirty-two, one hundred and thirty-three, one hundred and thirty-four, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven, one hundred and thirty-eight and one hundred and thirty-nine shall apply to such real and mixed actions as may be begun in the superior court, and to all proceedings before the land court, or begun there and pending on issues to a jury in the superior court, to which they are applicable, and no other sections of this chapter shall so apply except by their express language. Approved February 14, 1928.

AN ACT RELATIVE TO FRESH FOOD FISH.

Be it enacted, etc., as follows:

Chap. 40

sale of tainted,

etc., fish, and for violation ing to sale, section

of laws relat

etc., of fish.

SECTION 1. Chapter ninety-four of the General Laws, as G. L. 94, § 82, amended in section eighty-two by section two of chapter etc., amended. three hundred and thirty-eight of the acts of nineteen hundred and twenty-two, is hereby further amended by striking out said section eighty-two and inserting in place thereof the following: - Section 82. Whoever, himself or by his agent, Penalty for sells, or offers or exposes for sale, or keeps with intent to sell or offer or expose for sale, for food purposes fish which is tainted, diseased, corrupted, decayed, unwholesome or unfit for food from any cause, or whoever violates any provision of sections seventy-four to eighty, inclusive, or of any rule or regulation made under section eighty-one, or prevents, obstructs or interferes with the state inspector of fish or his deputy in the performance of his duties under said sections, or hinders, obstructs or interferes with any inspection or examination by him, or secretes or removes any fish for the purpose of preventing the inspection or examination of the same under the preceding section, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.

SECTION 2. Section one hundred and fifty of said chap- G. L. 94, $ 150, ter ninety-four, as amended by chapter forty-six of the acts etc., amended. of nineteen hundred and twenty-seven, is hereby further

amended by striking out, in the fifth line, the word "fish,"

unwhole

so as to read as follows: - Section 150. Whoever, him- Penalty for self or by his agent, sells or offers for sale for food or drink sale, etc., of -any diseased animal or product thereof or any tainted, some food. diseased, corrupt, decayed or unwholesome carcass, meat, vegetable, produce, fruit or provisions of any kind, except when packed in such a container that upon reasonable inspection the condition of the contents thereof cannot be ascertained, without making the condition of the thing sold or offered for sale fully known to the buyer, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.

Approved February 14, 1928.

AN ACT AUTHORIZING THE TRANSFER OF THE CARE, CUSTODY

AND CONTROL OF CERTAIN LAND AND BUILDINGS OF THE
ESSEX COUNTY TUBERCULOSIS HOSPITAL AND OF THE
ESSEX COUNTY INDUSTRIAL FARM.

Be it enacted, etc., as follows:

Chap. 41

The county commissioners of Essex county, acting in their Transfer of respective capacities of trustees of the Essex County Tubercu- care, custody, losis Hospital and of said commissioners, are hereby au- land and

etc., of

buildings of

Essex County
Tuberculosis
Hospital and
of Essex

trial Farm authorized.

thorized to transfer the care, custody and control of so much of the land and buildings of said hospital to themselves in County Indus- the capacity of county commissioners for the purposes of the

Essex County Industrial Farm, and to transfer the care, custody and control of so much of the land and buildings of said industrial farm to themselves in the capacity of trustees of said hospital, as they shall deem advisable for the improvement of accommodations and conditions at said hospital and said farm, respectively. When such transfer or transfers shall have been completed, a record thereof shall be filed in the office of said commissioners.

Approved February 14, 1928.

Chap. 42 AN ACT RELATIVE TO INVESTMENTS BY SAVINGS BANKS AND

G. L. 168, § 54, cl. "Fifth,"

SAVINGS DEPARTMENTS OF TRUST COMPANIES IN THE BONDS
OF TELEPHONE COMPANIES.

Be it enacted, etc., as follows:

The clause entitled "Fifth" of section fifty-four of chapter etc., amended. one hundred and sixty-eight of the General Laws, as amended

Investments by savings banks and savings departments of trust com

panies in bonds of telephone companies.

by chapter two hundred and eight of the acts of nineteen
hundred and twenty-five, is hereby further amended by
striking out, in line four hundred and seventy-eight, as
printed in the General Laws, the word "two" and inserting
in place thereof the word: five, and by adding at the
end thereof the words: - nor shall more than two per cent
of such deposits be invested in the bonds of any one telephone
company, so that the last paragraph of said clause will
read as follows: - And further provided, that such bonds
shall be secured either (a) by a first mortgage upon at least
seventy-five per cent of the property of such telephone com-
pany, or (b) by the deposit with a trust company incorporated
under the laws of this commonwealth of bonds and shares
of stock of other telephone corporations, under an indenture
of trust which limits the amount of bonds so secured to
seventy-five per cent of the value of the securities deposited
as stated and determined in said indenture, and provided that
during each of the five years preceding such investment the
annual interest and dividends paid in cash on the securities
deposited have amounted to not less than fifty per cent in
excess of the annual interest on the bonds outstanding and
secured by said deposit. Not more than five per cent of the
deposits of any such bank shall be invested in the bonds of
telephone companies nor shall more than two per cent of such
deposits be invested in the bonds of any one telephone com-
pany.
Approved February 14, 1928.

Chap. 43 AN ACT AUTHORIZING THE TRUSTEES OF ST. MARK'S SCHOOL

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.

Be it enacted, etc., as follows:

The Trustees of St. Mark's School, a corporation incorpo

The Trustees

of St. Mark's

School may

rated by chapter one hundred and six of the acts of eighteen

tional real

hundred and sixty-five, is hereby authorized to hold real and hold addipersonal estate to an amount not exceeding five million and personal

dollars.

Approved February 14, 1928.

AN ACT RELATIVE TO THE FILING OF ANNUAL REPORTS BY
CO-OPERATIVE BANKS.

Be it enacted, etc., as follows:

estate.

Chap. 44

amended.

to file

sioner of

Section forty-four of chapter one hundred and seventy of G. L. 170, § 44, the General Laws is hereby amended by striking out, in the second line, the words "the last business day of" and inserting in place thereof the words: - its regular meeting day for the receipt of moneys in, - so as to read as follows: - Section Co-operative 44. Every such corporation shall annually, within thirty annual reports days after its regular meeting day for the receipt of moneys with commisin October, make to the commissioner, in such form as he banks, etc. prescribes, a report, signed and sworn to by the treasurer of the corporation, showing accurately the condition thereof at close of business on that day. The president and three or more directors shall certify and make oath that the report is correct, according to their best knowledge and belief. If a report is defective or appears to be erroneous, the commissioner shall notify the bank to amend the same within fifteen days. A bank neglecting to make the report required by this Forfeiture for section on or before the time named therein, or to amend the failure to same within fifteen days, if notified by the commissioner so to do, shall forfeit five dollars for each day during which such neglect continues. Approved February 14, 1928.

AN ACT RELATIVE TO THE HOLDING AND TAXATION OF PROP-
ERTY OF WELLESLEY COLLEGE.

Be it enacted, etc., as follows:

make report.

Chap. 45

real and

to certain

SECTION 1. Wellesley College is hereby authorized to wellesley hold real and personal estate in the manner and for the College may purposes set forth in its charter to an amount not exceeding personal estate thirty million dollars; provided, that no lands in the town amount. of Wellesley owned or occupied by said college for the pur- Proviso. poses set forth in its charter shall be exempt from taxation, excepting the lands now so owned and occupied by said college lying north of Washington street, west of Weston road and south of Central street (but not including the parcels formerly belonging to the Waban Real Estate Trust); and also excepting a parcel of land lying south of Washington street containing about four acres heretofore specifically excepted by chapter two hundred and sixty-seven of the acts of nineteen hundred and twenty-one, bounded and described as follows: Beginning at a stone bound at the southerly corner of the said four acre parcel, thence running northeasterly two hundred and fifty-three and twenty one hundredths feet to a stone bound; thence turning at a right angle and running northwesterly five hundred and thirty-two and fifty-nine one hundredths feet to a stone bound; thence turning at a

Inconsistent provisions repealed.

right angle and running southwesterly four hundred and one and twelve one hundredths feet to a stone bound; and thence turning and running southeasterly five hundred and fifty-two and seventy-five one hundredths feet to the point of beginning; and also excepting the following lands now owned by said college so long as said lands are occupied by said college for the purposes set forth in its charter, viz.: the lands, in addition to said four acre parcel, lying south of Washington street and west of Dover road and the lands lying north of Central street and west of Weston road; and also excepting the parcel to be acquired from the Boston and Albany Railroad Company for a power plant so long as said parcel is occupied by said college for the purposes set forth in its charter.

SECTION 2. So much of section one of said chapter two hundred and sixty-seven as is inconsistent herewith is hereby repealed. Approved February 15, 1928.

Chap. 46 AN ACT TO DESIGNATE THE CHAIRMAN OF THE BOARD OF

1926, 358, § 3, amended.

Town meetings limited to certain elected members and members at large, etc.

town meeting
members,
when to
cease to be
such, etc.
Notice of
town meet-
ings, etc.

SEWER COMMISSIONERS OF THE TOWN OF DEDHAM AS A
REPRESENTATIVE TOWN MEETING MEMBER AT LARGE.

Be it enacted, etc., as follows:

SECTION 1. Section three of chapter three hundred and fifty-eight of the acts of nineteen hundred and twenty-six is hereby amended by inserting after the word "poor" in the fourteenth line the words: -, the chairman of the board of sewer commissioners, so that the first paragraph of said section will read as follows: - Section 3. Any representative town meeting held under the provisions of this act, except as otherwise provided herein, shall be limited to the voters elected under section two, together with the following, designated as town meeting members at large; namely, any member of the general court of the commonwealth who is a registered voter of the town, the moderator, the town clerk; the selectmen, the town treasurer, the town collector of taxes, the chairman of the trustees of the public library, the chairman of the planning board, the chairman of the registrars of voters, the chairman of the school committee, the chairman of the board of assessors, the chairman of the cemetery commission, the chairman of the board of health, the chairman of the overseers of the poor, the chairman of the board of sewer commissioners, and the chairman of the warrant com

Certain elected mittee. Any elected town meeting member who is appointed or elected to an office the holder of which for the time being is herein designated as a town meeting member at large shall thereupon cease to be an elected town meeting member. The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, such notices to be sent by mail at least seven days before the meeting and to be in addition to the warrant for such meeting duly published.

SECTION 2. This act shall take effect upon its passage.
Approved February 17, 1928.

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