Penalties. or injures such plant or any part thereof except in so far as is reasonably necessary in procuring the flower therefrom, within the limits of any state highway or any other public way or place, or upon the land of another person without written authority from him, shall be punished by a fine of not more than fifty dollars; but if a person does any of the aforesaid acts while in disguise or secretly in the night time he shall be punished by a fine of not more than one hundred dollars. Approved March 17, 1925. Chap.113 AN ACT AUTHORIZING THE TOWN OF DALTON TO PENSION Mar Town of GARET E. LAWLER. Be it enacted, etc., as follows: The town of Dalton, for the purpose of promoting the public good, may pay to Margaret E. Lawler, who served faithfully and efficiently in the public schools of said town for twenty-two years prior to nineteen hundred and eight, when she retired from active service by reason of permanent physical infirmity contracted in said service, an annual pension of two hundred and fifty dollars in equal monthly instalments, to be paid out of the amount annually appropriated by said town for the support of the public schools therein. Approved March 17, 1925. Chap. 114 AN ACT FIXING THE TERMS OF OFFICE OF MEMBERS OF WARD G. L. 52, § 2, amended. Ward and town com mittees, election, terms, etc. G. L. 52, § 7, amended. Ward com COMMITTEES UPON A REDIVISION OF A CITY INTO WARDS. Be it enacted, etc., as follows: SECTION 1. Section two of chapter fifty-two of the General Laws is hereby amended by adding at the end thereof the following:, except as provided in section seven, so as to read as follows:-Section 2. Each political party shall, in every ward and town, elect at the primaries before each biennial state election a committee to be called a ward or town committee, whose members shall hold office for two years from January first following their election and until their successors shall have organized, except as provided in section seven. SECTION 2. Said chapter fifty-two is hereby further amended by striking out section seven and inserting in place thereof the following: Section 7. The terms of office of the members of the ward committees of a city elected at the biennial state members upon primary next preceding a redivision thereof into wards shall terminate on the twentieth day after the holding of the next following biennial state primary; and the terms of office of the members of the ward committees of such city elected at said next following biennial state primary shall commence on said twentieth day, or as soon thereafter as the several ward committees shall organize, which shall be within ten days after said twentieth day, and shall continue for two years from January first following their election and until their successors shall have organized. mittees, terms of office of redivision of a city into wards. of act. SECTION 3. This act shall apply to all members of ward Applicability committees of any city, redivided into wards in the year nineteen hundred and twenty-four, who were elected at the biennial state primary in said year. Approved March 17, 1925. AN ACT VALIDATING THE ELECTION OF THE WATER COMMIS- Chap.115 SIONERS OF THE TOWN OF BRIDGEWATER. Be it enacted, etc., as follows: water commis The election of William H. Bassett, Joseph W. Keith and Election of H. Loring Jenkins as water commissioners of the town of sioners of Bridgewater by the voters of said town at its annual meet- town of Bridgewater ing in the current year is hereby confirmed and made valid, if validated. and in so far as said election was invalid by reason of the fact that the warrant calling said annual town meeting did not include a provision calling for the election of water commissioners; and notwithstanding said fact the said persons shall Powers and have all the powers and duties imposed upon the water commissioners of said town by chapter fifteen of the acts of nineteen hundred and twenty-five and by general law. Approved March 17, 1925. AN ACT RELATIVE TO THE POWER OF CITIES AND TOWNS TO Be it enacted, etc., as follows: -- duties. Chap.116 towns may SECTION 1. Section twenty-five of chapter forty of the G. L. 40, § 25, General Laws is hereby amended by inserting after the word amended. "buildings" in the second line the words:-, structures and premises, by striking out, in said line, the word "or" and inserting in place thereof a comma, by inserting after the word "commercial" in the third line the words: - or other, by inserting after the word "from" in the fourth line the words: or prohibit any of such uses in, by inserting after the word "buildings in the fifth line the words: -, structures or premises, and by inserting after the word "buildings" in the fifteenth line the words:- and structures and the use of premises, so as to read as follows: - Section 25. Cities and A city or town may by ordinance or by-law restrict buildings, limit buildstructures and premises to be used for particular industries, ings, structures trades, manufacturing, commercial or other purposes to speci- according to fied parts of the city or town, or may exclude them from or construction prohibit any of such uses in specified parts of the city or town, districts. or may provide that such buildings, structures or premises, if situated in certain parts of the city or town, shall be subject to special regulations as to their construction or use. A city or town may also by ordinance or by-law provide that certain kinds of dwelling houses and tenement houses shall be restricted to specified parts of the city or town, or shall be excluded from specified parts of the city or town, or that dwelling houses or tenement houses situated in specified parts of the city or town shall conform to certain regulations in respect their use or to specified Division into districts or zones. Promotion of health, safety, convenience and welfare of inhabitants, to their construction or use which do not apply to such buildings in other parts of the city or town. For the above purpose the city or town may be divided into districts or zones, and the construction and use of buildings and structures and the use of premises in each district or zone may be regulated as above provided. The provisions of this section shall be carried out in such manner as will best promote the health, safety, convenience and welfare of the inhabitants, will lessen the danger from fire, will tend to improve and beautify the city or town, will harmonize with its natural development, and will assist the carrying out of any scheme for municipal with planning improvement put forth by any municipal planning board or board of survey or other like authority. Due regard shall be paid to the characteristics of the different parts of the city or town, and the ordinances or by-laws established hereunder in any city or town shall be the same for zones, districts or streets having substantially the same character. etc. Co-operation boards, etc. G. L. 40, § 27, amended. Withholding of permits for alteration of buildings or structures. SECTION 2. Section twenty-seven of said chapter forty is hereby amended by inserting after the word "building wherever it occurs in the fifth line the words: or structure, and by inserting after the word "building" in the eighth line the words:-, structure or premises, so as to read as follows: Section 27. The superintendent of buildings, or the construction or officer or board having supervision of the construction of buildings or the power of enforcing the municipal building laws, or if in any town there is no such officer or board, the selectmen, shall withhold a permit for the construction or alteration of any building or structure if the building or structure as constructed or altered would be in violation of any ordinance or by-law enacted under section twenty-five; and municipal officers shall refuse any permit or license for the use of a building, structure or premises which use would be in violation of any ordinance or by-law enacted under said section. Any person aggrieved by the refusal of a permit under this section may appeal to the municipal officer or board to which a right of appeal lies from decisions under the building laws of the city or town, and if there is no such officer or board, then the appeal shall lie to the city council or to the selectmen, or to such officer, board, commission or committee as shall be designated or appointed by the city council or by the selectmen to act as a board of appeals hereunder. Appeals. G. L. 40, § 29, amended. Exemption of existing buildings or structures, etc. SECTION 3. Section twenty-nine of said chapter forty is hereby amended by inserting after the word "existing" the first time it occurs in the second line the words: - buildings or, by inserting after the word "building" the first time it occurs in the third line the words: structure or premises, by inserting after the word "building" the second time it occurs in the third line the words: or structure, and by inserting after the word "building" in the fifth and tenth lines in each instance the words: -, structure or premises, so as to read as follows: Section 29. An ordinance or by-law enacted under section twenty-five shall not apply to existing buildings or structures nor to the existing use of any buildings, building, structure or premises, but it shall apply to any alteration of a building or structure to provide for its use for a purpose, or in a manner, substantially different from the use to which it was put before alteration. A building, structure Exemption of or premises used or to be used by a public service corporation structures, may be exempted from the operation of an ordinance or by- etc., of public law enacted under section twenty-five if, upon a petition of porations the corporation, the department of public utilities shall, after if, etc. a public hearing, decide that the present or proposed situation of the building, structure or premises in question is reasonably necessary for the convenience or welfare of the public. Approved March 17, 1925. service cor AN ACT ESTABLISHING A STANDARD OF MILK FAT FOR BUTTER. Chap.117 Be it enacted, etc., as follows: Section one of chapter ninety-four of the General Laws is G. L. 94, § 1, hereby amended by inserting after the word "matter" in amended. the thirty-second line the following:- Butter shall contain not less than eighty per cent by weight of milk fat. Butter containing less than eighty per cent by weight of milk fat shall be deemed to be adulterated within the meaning of sections. one hundred and eighty-six to one hundred and ninety-five, inclusive, so that the paragraph contained in lines thirty to thirty-two, inclusive, will read as follows:-"Butter" "Butter" and and "cheese", products usually known by these names which defined. are manufactured exclusively from milk or cream with salt and rennet and with or without coloring matter. Butter Standard of shall contain not less than eighty per cent by weight of milk for butter. fat. Butter containing less than eighty per cent by weight of milk fat shall be deemed to be adulterated within the meaning of sections one hundred and eighty-six to one hundred and ninety-five, inclusive. Approved March 18, 1925. AN ACT RELATIVE TO RECOUNTS IN CASES OF OFFICES TO BE Be it enacted, etc., as follows: "cheese' milk fat Chap.118 votes in elec requests SECTION 1. Chapter fifty-four of the General Laws is hereby G. L. 54, § 135, amended by striking out section one hundred and thirty-five amended. and inserting in place thereof the following: Section 135. Recounts of If, on or before five o'clock in the afternoon on the third day tions, filing of following an election in a ward of a city or in a town, ten or for, etc. more voters of such ward or town, except Boston, and in Boston fifty or more voters of a ward, shall sign in person, adding thereto their respective residences on the preceding April first, and cause to be filed with the city or town clerk a statement sworn to by one of the subscribers that they have reason to believe and do believe that the records, or copies of records, made by the election officers of certain precincts in such ward or town, or in case of a town not voting by precincts, by the election officers of such town, are erroneous, specifying wherein Registrars of voters to receive and recount ballots, etc. Recount by moderator, when. State-wide recounts, petitions for, natures, etc. Certification of signatures by registrars, etc. filed with state secretary, etc. they deem them to be in error and that they believe a recount of the ballots cast in such precincts or town will affect the election of one or more candidates voted for at such election, specifying the candidates, or will affect the decision of a question voted upon at such election, specifying the question, the city or town clerk shall forthwith transmit such statement and the envelope containing the ballots, sealed, to the registrars of voters, who shall, without unnecessary delay, but not before the last hour for filing requests for recounts as aforesaid, open the envelopes, recount the ballots and determine the questions raised; but upon a recount of votes for town officers in a town where the selectmen are members of the board of registrars of voters, the recount shall be made by the moderator, who shall have all the powers and perform all the duties conferred or imposed by this section upon registrars of voters. State-wide recounts in cases of offices to be filled or questions to be voted upon at the state election by all the voters number of sig- of the commonwealth may be requested as provided in the foregoing provisions so far as applicable, except that any petition therefor shall be signed in the aggregate by at least one thousand voters, not less than two hundred and fifty to be from each of four different counties, and shall be submitted on or before five o'clock in the afternoon of the twelfth day following such election to the registrars of voters of the city or town in which the signers appear to be voters, who shall forthwith certify thereon the number of signatures which are names of voters in said city or town, and except that such Petitions to be petitions for recount shall be filed with the state secretary on or before five o'clock in the afternoon of the fifteenth day following such election. He shall hold such petitions for recount until after the official tabulation of votes by the governor and Petitions to be council and if it then appears that the difference in the number of votes cast for the two leading candidates for the office, or in the number of affirmative and negative votes on a question, for which the recount is desired, is more than one per cent of the total number of votes cast for such office or on such question, the petitions for recount shall be void. If such difference in the votes so cast appears to be one per cent or less of the total votes cast for such office or on such question, he shall forthwith order the clerk of each city and town of the commonwealth to transmit forthwith, and said clerk shall so transmit, the envelopes containing the ballots, sealed except in the case of those containing ballots which have already been recounted in respect to said office or question under authority of the preceding paragraph, to the registrars of the city or town who shall, without unnecessary delay, open the envelopes, recount the ballots cast for said office or on said question City and town and determine the questions raised. If a state-wide recount void, if, etc. Registrars of voters to receive and recount bal lots, etc., if, etc. clerks to hold state election ballots upon state-wide recount petitions, etc. Candidates and persons is petitioned for, all ballots cast at a state election shall be held, except as otherwise provided herein, by the city and town clerks until the expiration of sixty days after said election. The registrars shall, before proceeding to recount the ballots, give written notice to the several candidates interested in such |