or which, if so spread, has been rendered safe for travel as provided in section one.

SECTION 3. Violation of this act shall be punished by a fine of not less than ten, nor more than one hundred dollars for each offence. [Approved April 14, 1916.

[CHAP. 125.]

AN ACT RELATIVE TO CLERICAL ASSISTANCE FOR THE REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY OF ESSEX.

Be it enacted, etc., as follows:

SECTION 1. The register of probate and insolvency for the county of Essex shall be allowed, in addition to the amount now allowed by law, an annual sum not exceeding five hundred dollars, for the salary of an additional clerical assistant, to be paid from the treasury of the commonwealth upon the certificate of the judge of probate and insolvency for said county. SECTION 2. This act shall take effect as of the first day of April in the year nineteen hundred and sixteen. [Approved April 14, 1916.

[CHAP. 126.]

AN ACT RELATIVE TO THE COMPENSATION OF STATE EMPLOYEES WHILE SERVING IN THE MILITIA.

Be it enacted, etc., as follows:

Any person in the service of the commonwealth shall be entitled, during the time of his service in the organized militia under the provisions of sections one hundred and forty-one, one hundred and forty-two, one hundred and fifty-one, one hundred and fifty-two and one hundred and sixty of chapter six hundred and four of the acts of the year nineteen hundred and eight, and acts in amendment thereof and in addition thereto, to receive pay therefor, without loss of his ordinary remuneration as an employee or official of the commonwealth, and shall also be entitled to the same leaves of absence or vacation with pay given to other like employees or officials. [Approved April 14, 1916.

[CHAP. 127.]

AN ACT TO AUTHORIZE THE TRANSFER TO THE FEDERAL VOLUNTEER MILITARY OR NAVAL FORCE OF ANY OR ALL UNITS OF THE STATE VOLUNTEER MILITIA.

Be it enacted, etc., as follows:

SECTION 1. The governor, with the advice and consent of the council, is hereby authorized and empowered to transfer any or all organizations, departments or staff corps of the Massachusetts volunteer militia to such

United States volunteer military or naval force, other than the regular army or navy, as the congress of the United States may at any time authorize. Commission or enlistment in such United States force shall entitle officers and men to an honorable discharge from the Massachusetts volunteer militia: provided, that no organization shall be transferred by the governor to such United States force if a majority of the officers and enlisted men of the organization shall by vote reject such proposed transfer within thirty days after notice to the commanding officer of the organization by the governor of his proposal to transfer the organization; provided, further, that nothing in this act shall be construed to affect the right of any officer to be retired under the provisions of chapter six hundred and four of the acts of the year nineteen hundred and eight, and amendments thereof, and provided, further, that any officer or enlisted man of any organization that has been transferred to such United States force, who does not elect to enter the said force, shall be entitled to receive an honorable discharge from the Massachusetts volunteer militia when not in contravention of any law of the United States.

SECTION 2. The governor, with the advice and consent of the council, may lease to, or permit to be used by, any United States volunteer military or naval force, organized under the laws of the United States, any military or naval property belonging to the commonwealth, upon such terms and conditions as will fully protect the commonwealth against expense: provided, however, that this act shall not apply to land or buildings not now owned by the commonwealth and used for said purposes. [Approved April 17, 1916.

[CHAP. 128.]

AN ACT TO EXEMPT ANNUAL SEWER CHARGES FROM THE ACT RELATIVE TO THE PLACING OF SPECIAL ASSESSMENTS ON TAX BILLS.

Be it enacted, etc., as follows:

SECTION 1. The provisions of chapter seventy-five of the acts of the year nineteen hundred and eleven shall not apply to annual charges for the use of common sewers established by cities and towns under the provisions of section six of chapter forty-nine of the Revised Laws.

SECTION 2. This act shall take effect upon its passage. [Approved April 18, 1916.

[CHAP. 129.]

AN ACT TO EXTEND THE POWERS OF TRUST COMPANIES.

Be it enacted, etc., as follows:

SECTION 1. Any trust company incorporated under the laws of this commonwealth shall have power, subject to such restrictions as may be imposed by the bank commissioner, to accept for payment at a future date drafts and bills of exchange drawn upon it, and to issue letters of credit authorizing holders thereof to draw drafts upon it, or its correspondents, at sight or on time: provided, that such acceptances or drafts be based

upon actual values, but no trust company shall accept such bills or drafts to an aggregate amount exceeding at any one time one half of its paid up capital and surplus, except with the approval of the bank commissioner, and in no case to an aggregate amount in excess of its capital and surplus. SECTION 2. Chapter one hundred and sixteen of the Revised Laws is hereby amended by striking out section thirty-four and inserting in place thereof the following:- Section 34. The total liabilities of a person, other than cities or towns, including in the liabilities of a firm the liabilities of its several members, for money borrowed from and drafts drawn on any such corporation having a capital stock of five hundred thousand dollars or more shall at no time exceed one fifth part of the surplus account and of such amount of the capital stock of such corporation as is actually paid up. Such total liabilities to any such corporation having a capital stock of less than five hundred thousand dollars shall at no time exceed one fifth of such amount of the capital stock of the corporation as is actually paid up; but the discount of bills of exchange drawn in good faith against actually existing values, and the discount of commercial or business paper actually owned by the person negotiating it, shall not be considered as money borrowed.

SECTION 3. This act shall take effect upon its passage. [Approved April 18, 1916.

[CHAP. 130.]

AN ACT RELATIVE TO THE VERIFICATION OF THE LIST TO BE FILED WITH ASSESSORS OF TAXES.

Be it enacted, etc., as follows:

SECTION 1. Section forty-three of Part I of chapter four hundred and ninety of the acts of the year nineteen hundred and nine is hereby amended by striking out all after the word "clerk", in the fourth line, and inserting in place thereof the words:- or by any notary public or justice of the peace in this commonwealth, so as to read as follows: Section 43. The assessors shall in all cases require a person, firm or corporation bringing in a list to make oath that it is true. The oath may be administered by any of the assessors or by their secretary or head clerk, or by any notary public or justice of the peace in this commonwealth.

SECTION 2. This act shall take effect upon its passage. [Approved April 18, 1916.

[CHAP. 131.]

AN ACT RELATIVE TO THE BONDS OF COLLECTORS OF TAXES.

Be it enacted, etc., as follows:

SECTION 1. Section seventy-seven of chapter twenty-five of the Revised Laws is hereby amended by adding at the end thereof the sentence: - The form of the bond shall be approved by the tax commissioner, so as to read as follows: Section 77. The collector of taxes shall give bond to the town for the faithful performance of his duties, in a sum and with

sureties approved by the selectmen. The form of the bond shall be approved by the tax commissioner.

SECTION 2. Section two of chapter two hundred and seventy-two of the acts of the year nineteen hundred and ten is hereby amended by adding at the end thereof the following:- The form of the bond shall be approved by the tax commissioner, so as to read as follows: ·Section 2. The said special collector shall furnish a satisfactory bond for the faithful performance of his duties, in such sum as the selectmen may require. The form of the bond shall be approved by the tax commissioner.

SECTION 3. This act shall take effect upon its passage. [Approved April 18, 1916.

[CHAP. 132.]

AN ACT AUTHORIZING AND DIRECTING THE COUNTY COMMISSIONERS OF THE COUNTY OF ESSEX TO RECONSTRUCT THE ESSEX BRIDGE OVER DANVERS RIVER BETWEEN THE CITIES OF SALEM AND BEVERLY.

Be it enacted, etc., as follows:

SECTION 1. The county commissioners of the county of Essex, subject to the provisions of chapter ninety-six of the Revised Laws and amendments thereof and additions thereto, and all other laws which may be applicable, are hereby authorized and directed, within two years after the passage of this act, to reconstruct the Essex bridge, so-called, over Danvers river between the city of Salem and the city of Beverly. The bridge as reconstructed shall have a suitable permanent pavement, and granolithic sidewalk, and shall be a pile structure, with wooden floor properly waterproofed, except such parts thereof as are solidly filled, substantially as shown on a plan on file with the board of harbor and land commissioners, except that on the westerly side thereof, the bridge shall be ten feet wider than as shown on said plan, for its full length, except at the draw.

SECTION 2. The expense incurred under this act shall be paid in the first instance from the treasury of the county of Essex. The Bay State Street Railway Company shall pay into the treasury of the said county, as its part of the expense of reconstructing the said bridge a sum equal to ten per cent of the expense of reconstructing the bridge substantially in accordance with the plan on file with the harbor and land commissioners; and further, the said railway company shall pay into the treasury of the said county fifty per cent of the cost and expense of widening the said bridge ten feet in excess of the width as shown on said plan. If the said company pays into the treasury of the said county its part of the cost and expense of such reconstruction and widening, and shall enter into an agreement with the said county commissioners to keep that part of the roadway on the bridge between its tracks, and eighteen inches on either side thereof, in repair and safe for public travel, the said company shall thereupon have, and is hereby granted, subject to such terms and conditions as the county commissioners may impose, a location upon said bridge for the construction of two lines of track, except on the draw, and for the maintenance of its tracks, poles and wires, and the operation of its railway thereon. The location so granted shall not be revoked except by the county

commissioners of the county of Essex, after public notice and a hearing, and no such revocation shall be valid until approved by the public service commission.

SECTION 3. The expense incurred under this act shall not exceed the sum of two hundred thousand dollars, and the said commissioners are hereby authorized to borrow on the credit of the county such sums, not exceeding the said amount, as may from time to time be required for the cost and expense aforesaid. All amounts so borrowed shall be deposited in the county treasury, and the treasurer of the county shall pay out the same as ordered by the county commissioners, and shall keep a separate and accurate account of all moneys borrowed and expended under the provisions of this act, including interest.

SECTION 4. The county of Essex shall, after the assessment upon the Bay State Street Railway Company of the amount herein required to be paid by said company, pay forty per cent of the remaining cost of reconstruction and widening and the city of Salem shall pay thirty-five per cent and the city of Beverly twenty-five per cent. The payments apportioned and assessed as aforesaid, shall be made in three annual instalments, and for that purpose the said commissioners shall file from time to time as may be necessary, in the office of the clerk of courts for the county, a detailed statement, certified under their hands, of the actual cost of the reconstruction and widening to date; and they shall, in the month of June, after such notice as they may deem proper, and a hearing, apportion and assess, upon the Bay State Street Railway Company and the cities of Salem and Beverly, the sums that the said company and the said cities. are required to pay under the provisions of this act; and the said company and each of the said cities shall pay the same, respectively, into the treasury of the county within sixty days thereafter; and if the said company and the said cities, or any of them, shall refuse or neglect to pay their proportion, as aforesaid, the commissioners shall, after notice to the delinquent company or city, as the case may be, issue a warrant against such delinquent company or city, for its proportion, with interest and the costs of the notice and warrant, and the same shall be collected and paid into the treasury of the county, to be applied in payment of the expense aforesaid. SECTION 5. The said county commissioners are hereby authorized to take or purchase such lands, rights or easements as may be required to carry out the purposes of this act; but in order to acquire land or rights in land, otherwise than by purchase, they shall first record in the registry of deeds for the southern district of the county of Essex a statement containing a description of the lands or rights taken or affected sufficiently specific for identification, and shall file a plan of the same in said registry. They shall estimate the damages to property, if any, sustained by any person by such taking of land, rights or easements, or by the reconstruction of said bridge as aforesaid, and any person aggrieved thereby may proceed, within one year after the filing of said statement, in the same manner as in the case of land taken for the laying out of highways, but in no event shall interest be recovered against the county for more than four per cent per annum.

SECTION 6. This act shall take effect upon its passage. [Approved April 18, 1916.