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Commonwealth

divided into

councillor districts.

First.

Second.

Third.

Fourth.

Fifth.

Sixth.

Seventh.

Eighth.

Vacancy during present political year, how filled.

Representatives ap

portioned to several counties.

COUNCILLOR DISTRICTS.

SECTION 14. For the purpose of choosing councillors until the next decennial apportionment, the commonwealth is hereby divided, agreeably to the provisions of the constitution, into eight districts, as hereinafter specified.

SECTION 15. The Cape and Plymouth, the Plymouth, the Norfolk and Plymouth and the second and third Bristol senatorial districts shall constitute a district to be known as the First Councillor District.

SECTION 16. The first Bristol, Norfolk, Norfolk and Suffolk, and the eighth and ninth Suffolk senatorial districts shall constitute a district to be known as the Second Councillor District.

SECTION 17. The second, third, fourth, sixth and seventh Suffolk senatorial districts shall constitute a district to be known as the Third Councillor District.

SECTION 18. The first and fifth Suffolk and the second, third and fourth Middlesex senatorial districts shall constitute a district to be known as the Fourth Councillor District. SECTION 19. The first, second, third, fourth and fifth Essex senatorial districts shall constitute a district to be known as the Fifth Councillor District.

SECTION 20. The first, fifth, sixth, seventh and eighth Middlesex senatorial districts shall constitute a district to be known as the Sixth Councillor District.

SECTION 21. The first, second, third and fourth Worcester and the Worcester and Hampden senatorial districts shall constitute a district to be known as the Seventh Councillor District.

SECTION 22. The Berkshire, the Berkshire, Hampshire and Hampden, the Franklin and Hampshire and the first and second Hampden senatorial districts shall constitute a district to be known as the Eighth Councillor District.

SECTION 23. In case a new election is ordered during the present political year to fill any vacancy in the council, such election shall be held in the district which elected the councillor whose place is vacant as it existed prior to the passage of this act.

APPORTIONMENT OF REPRESENTATIVES.

SECTION 24. The two hundred and forty members of the house of representatives are hereby apportioned to the several counties, agreeably to the provisions of the constitu

tion, until the next decennial apportionment, as follows:To the county of Barnstable, three representatives; to the county of Berkshire, eight representatives; to the county of Bristol, nineteen representatives; to the county of Dukes County, one representative; to the county of Essex, thirtyone representatives; to the county of Franklin, four representatives; to the county of Hampden, fifteen representatives; to the county of Hampshire, four representatives; to the county of Middlesex, forty-eight representatives; to the county of Nantucket, one representative; to the county of Norfolk (excluding therefrom the town of Cohasset), thirteen representatives; to the county of Plymouth (including in addition the town of Cohasset), twelve representatives; to the county of Suffolk, fifty-four representatives; and to the county of Worcester, twenty-seven representatives.

SECTION 25. In case a new election is ordered during Vacancy during present the present political year to fill any vacancy in the house of political year, representatives, such election shall be held in the district how filled. which elected the representative whose place is vacant as it existed prior to the passage of this act.

SECTION 26. This act shall take effect upon its passage.
Approved May 26, 1916.

AN ACT TO PROVIDE FOR THE TAXATION OF CERTAIN FOREST Chap.271

PRODUCTS.

Be it enacted, etc., as follows:

Part I, § 23,

etc., amended.

Section twenty-three of Part I of chapter four hundred 1909, 490, and ninety of the acts of the year nineteen hundred and nine, and amendments thereof, is hereby further amended by adding at the end thereof a new paragraph, to be numbered "Eleventh", as follows:

certain forest

Eleventh, Timber after severance from the soil, cord Taxation of wood and other forest products, lying and being in the city products. or town where they were grown, shall be assessed in that city or town to the owner thereof.

Approved May 26, 1916.

Chap.272

AN ACT TO LIMIT ARREST ON MESNE PROCESS.

Be it enacted, etc., as follows:

etc., amended.

SECTION 1. Section one of chapter one hundred and R. L. 168, § 1, sixty-eight of the Revised Laws, as amended by chapter four hundred and eighty of the acts of the year nineteen

Arrest on mesne process in actions of contract.

Repeal.

hundred and ten, is hereby further amended by striking out said section and inserting in place thereof the following: Section 1. No person shall be arrested on mesne process unless the plaintiff, or, in the case of a corporation, an officer thereof, makes affidavit and proves to the satisfaction of the court to which the writ is returnable or a justice thereof:

First. That one of the parties is a resident of or has a usual place of business in this commonwealth, and, except in actions upon negotiable instruments, that the plaintiff is an original party to the cause of action or his executor or administrator;

Second. That he has a good cause of action and reasonable expectation of recovering a sum amounting to twenty dollars exclusive of costs which have accrued in any former action, in an action of contract, or an amount equal at least to one third of the damages claimed in the writ in an action of tort;

Third. That he believes and has reason to believe that the defendant intends to leave the commonwealth so that execution, if obtained, cannot be served upon him;

Fourth. That he does not know of any property of the defendant within the commonwealth which can be reached by attachment or otherwise, sufficient to satisfy any judgment he may recover;

Fifth. That he believes and has reason to believe that the defendant has property, not exempt from being taken on execution, which he does not intend to apply to the payment of the plaintiff's claim;

Or, instead of the Third, Fourth and Fifth, that the defendant is an attorney-at-law, or a person, member of a firm, agency or association engaged in the business of collecting money, that the debt sought to be recovered is for money collected by the defendant for the plaintiff and that the defendant unreasonably neglects to pay the same to the plaintiff.

Such affidavit, and the certificate of the court or justice. that it is found to be true, shall be annexed to the writ. The court or justice may refuse such certificate if an arrest in the particular case would be unjust or unnecessary. An arrest shall not be made after sunset unless expressly authorized in the certificate for cause.

SECTION 2. Section two of chapter one hundred and sixty-eight of the Revised Laws is hereby repealed.

amended.

SECTION 3. Section four of chapter one hundred and R. L. 168, § 4, sixty-eight of the Revised Laws is hereby amended by striking out said section and inserting in place thereof the following:- Section 4. The court issuing the process Reduction of upon which the arrest was made, or a justice thereof, on motion may reduce the ad damnum of the writ, or, if the arrest was unjust or unnecessary, may discharge the defendant from arrest.

ad damnum.

effect.

SECTION 4. This act shall take effect on the first day of Time of taking September in the year nineteen hundred and sixteen. Approved May 26, 1916.

AN ACT RELATIVE TO RETIRING AND PENSIONING PERSONS
EMPLOYED IN THE PRISON SERVICE OF THE COMMON-
WEALTH.

Be it enacted, etc., as follows:

Chap.273

etc., amended.

pensioning

ployed in

monwealth.

Chapter six hundred and one of the acts of the year nine- 1908, 601, § 1, teen hundred and eight, as amended in section one by section one of chapter six hundred and seventy-three of the acts of the year nineteen hundred and eleven, is hereby further amended by striking out said section one and inserting in place thereof the following:- Section 1. The board of Retiring and prison commissioners or its lawful successor, may, with the persons emapproval of the governor and council, retire from active prison service service and place upon a pension roll any officer of the of the comstate prison, of the Massachusetts reformatory, of the prison camp and hospital, of the state farm, of the reformatory for women, or of any jail or house of correction, or any person employed to instruct the prisoners in any prison or reformatory, as provided in section forty-four of chapter two hundred and twenty-five of the Revised Laws, or any other employee of the state prison, the Massachusetts reformatory or the prison camp and hospital who began employment as such officer or instructor or employee on or before June seventh, nineteen hundred and eleven, who has attained the age of sixty-five years or over and who has been employed in prison service in Massachusetts, with a good record, for not less than twenty years; or who, without fault of his own, has become permanently disabled by injuries sustained in the performance of his duty; or who has performed faithful prison service for not less than thirty years: provided, however, that no officer of the state farm Proviso. shall so be retired except upon the recommendation of the

Provisos.

trustees of that institution; and provided, further, that no officer of any jail or house of correction shall so be retired except upon the recommendation of the sheriff and county commissioners of the county, except in the county of Suffolk, where the recommendation as to the officers of the jail shall be made by the sheriff and the mayor of the city of Boston, and, as to the officers of the house of correction, by the penal institutions commissioner and the mayor of the city of Boston, and provided, that no such officer, instructor or employee shall be retired unless he began employment as such officer, instructor or employee on or before June seventh, nineteen hundred and eleven. Approved May 26, 1916.

Chap.274 AN ACT RELATIVE TO THE DISPOSITION OF CERTAIN RE

Disposition of certain returns made to supervisor of

TURNS MADE TO THE SUPERVISOR OF LOAN AGENCIES.

Be it enacted, etc., as follows:

SECTION 1. Returns made by persons, corporations and associations to the supervisor of loan agencies under the loan agencies. provisions of section five of chapter seven hundred and twenty-seven of the acts of the year nineteen hundred and eleven may be destroyed or disposed of by order of the said supervisor after the lapse of three years from the date of their receipt, and any proceeds received in the course of their disposal shall be paid into the treasury of the commonwealth.

SECTION 2. This act shall take effect upon its passage.
Approved June 1, 1916.

Chap.275 AN ACT TO ESTABLISH THE SALARY OF THE PRESENT

Salary of present secretary of

industrial accident board established.

Repeal.

SECRETARY OF THE INDUSTRIAL ACCIDENT BOARD.

Be it enacted, etc., as follows:

SECTION 1. The salary of Robert E. Grandfield, as secretary of the industrial accident board, shall be four thousand dollars a year so long as he shall continue to serve in that capacity; but the salary of his successor shall be three thousand dollars a year.

SECTION 2. So much of section two of Part III of chapter seven hundred and fifty-one of the acts of the year nineteen hundred and eleven, as amended by section seven of chapter five hundred and seventy-one of the acts of the year nineteen hundred and twelve, and by section one of chapter

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