Repeal. in any way interferes with him in the performance of his duty shall be punished by a fine of not more than three hundred dollars, or by imprisonment for not more than sixty days. SECTION 2. Section nine of chapter sixty-two of the Revised Laws is hereby repealed. Approved March 29, 1917. Chap.126 AN ACT TO ENABLE THE PROBATE COURT TO DETERMINE R. L. 162, § 5, ete., amended. Probate court may determine questions arising from omission of provision for children in wills. QUESTIONS ARISING FROM OMISSION OF PROVISION FOR Be it enacted, etc., as follows: Section five of chapter one hundred and sixty-two of the Revised Laws, as amended by chapter one hundred of the acts of the year nineteen hundred and ten, is hereby further amended by inserting after the word "wills", in the fifth line, the words: — including questions arising under sections nineteen and twenty of chapter one hundred and thirty-five of the Revised Laws, so as to read as follows:- Section 5. The probate court shall have jurisdiction in equity, concurrent with the supreme judicial court and with the superior court, of all cases and matters relative to the administration of the estates of deceased persons, to wills, including questions arising under sections nineteen and twenty of chapter one hundred and thirty-five of the Revised Laws, or to trusts which are created by will or other written instrument, of all matters relative to guardianship and conservatorship, and of all matters relative to the partition of land so far as said probate court has jurisdiction in partition, including sales of land and distribution of the proceeds in partition proceedings. Such jurisdiction may be exercised upon petition according to the usual course of proceedings in the probate court. Approved March 29, 1917. Chap. 127 AN ACT TO AUTHORIZE THE COUNTY OF NORFOLK TO PUR County of purchase a CHASE A FARM IN CONNECTION WITH THE HOUSE OF Be it enacted, etc., as follows: SECTION 1. The county commissioners of the county of Norfolk are hereby authorized to purchase, or take in fee by right of eminent domain, land in said county to be used bonds. as a county farm in connection with the Norfolk county house of correction at Dedham, and may expend for this purpose a sum not exceeding twenty-five thousand dollars. SECTION 2. For the purposes aforesaid the county com- May issue missioners of the county of Norfolk are hereby authorized to borrow from time to time upon the credit of the county a sum not exceeding twenty-five thousand dollars, and to issue the bonds or notes of the county therefor. Said bonds or notes shall be payable in such annual payments, beginning not more than one year after the date of each loan, as will extinguish each loan within fifteen years from its date, and the amount of such annual payment of any loan in any year shall not be less than the amount of the principal of the loan payable in any subsequent year. Each authorized issue of bonds or notes shall constitute a separate loan. The said bonds or notes shall bear interest at a rate not exceeding five per cent per annum, payable semi-annually, and shall be signed by the treasurer of the county and countersigned by a majority of the county commissioners. The county may sell the said securities at public or private sale, on such terms and conditions as the county commissioners may deem proper, but not for less than their par value, and the proceeds shall be used only for the purposes herein specified. loan. SECTION 3. The county commissioners, at the time of Payment of authorizing the said loan, shall provide for the payment thereof in accordance with section two of this act; and a sum sufficient to pay the interest as it accrues on the bonds or notes issued as aforesaid by the county, and to make such payments on the principal as may be required under the provisions of this act, shall be levied as a part of the county tax of the county of Norfolk annually thereafter, in the same manner in which other taxes are levied, until the debt incurred by said loan or loans is extinguished. lands, etc., to SECTION 4. In case land is taken by eminent domain Description of for the aforesaid purpose, the said commissioners shall, within be recorded. sixty days after such taking, file in the registry of deeds for said county a description thereof sufficiently specific for identification, and in case of their inability to agree with any person sustaining damages by reason of said taking as to the amount thereof, said damages shall be determined and paid in the manner provided by law for the assessment and payment of damages sustained by the laying out of highApproved March 29, 1917. ways. Chap.128 AN ACT TO AUTHORIZE FRATERNAL BENEFIT SOCIETIES TO Fraternal benefit societies may pay death or PAY DEATH OR ANNUITY BENEFITS UPON THE LIVES OF Be it enacted, etc., as follows: SECTION 1. Any fraternal benefit society authorized to do business in this commonwealth and operating on the lodge system, may provide in its constitution and by-laws, lives of certain in addition to other benefits provided for therein, for the annuity benefits upon children. Restrictions on issue of death benefit certificates. Proviso. payments of death or annuity benefits upon the lives of children between the ages of two and eighteen years at the next birthday, for whose support and maintenance a member of the society is responsible. Any such society may at its option organize and operate branches for such children, and membership in local lodges and initiation therein shall not be required of such children, nor shall they have any voice in the management of the society. The total death benefits payable as above provided shall in no case exceed the following amounts at ages at the next birthday at the time of death, respectively, as follows: two, thirty-four dollars; three, forty dollars; four, forty-eight dollars; five, fiftyeight dollars; six, one hundred and forty dollars; seven, one hundred and sixty-eight dollars; eight, two hundred dollars; nine, two hundred and forty dollars; ten, three hundred dollars; eleven, three hundred and eighty dollars; twelve, four hundred and sixty dollars; thirteen to fifteen, five hundred and twenty dollars; and sixteen to eighteen years, where not otherwise authorized by law, six hundred dollars. SECTION 2. No death benefit certificate as to any child shall take effect until after medical examination or inspection by a licensed medical practitioner, in accordance with the laws of the society, nor shall any such benefit certificate be issued unless the society shall simultaneously put in force at least five hundred such certificates, on each of which at least one assessment has been paid, nor where the number of lives represented by such certificate falls below five hundred. The death benefit contributions to be made upon such certificate shall be based upon the "Standard Industrial Mortality Table" or the "English Life Table Number Six" and a rate of interest not greater than four per cent per annum, or upon a higher standard: provided, that contributions may be waived or returns may be made from any surplus held in excess of reserve and other liabilities, as provided in the by-laws; and, provided, further, that extra Proviso. contributions shall be made if the reserves hereafter provided for become impaired. maintained. SECTION 3. Any society entering into such insurance Reserve to be agreements shall maintain on all such contracts the reserve required by the standard of mortality and interest adopted by the society for computing contributions as provided in section two, and the funds representing the benefit contributions, and all accretions thereto shall be kept as separate and distinct funds, independent of the other funds of the society, and shall not be liable for, nor used for, payment of the debts and obligations of the society other than the benefits herein authorized: provided, that a society may Provisos. provide that when a child reaches the minimum age for initiation into membership in such society, any benefit certificate issued hereunder may be surrendered for cancellation and exchanged for any other form of certificate issued by the society; provided, also, that such surrender will not reduce the number of lives insured in the branch below five hundred, and upon the issuance of such new certificate any reserve upon the original certificate herein provided for shall be transferred to the credit of the new certificate. Neither Nomination of beneficiary the person who originally made application for benefits on under new account of such child, nor the beneficiary named in such certificate. original certificate, nor the person who paid the contribution, shall have any vested right in such new certificate, the free nomination of a beneficiary under the new certificate being left to the child so admitted to benefit membership. financial annual report commissioner. SECTION 4. An entirely separate financial statement of Separate the business transactions, and of assets and liabilities arising statement in therefrom, shall be made in its annual report to the insurance to insurance commissioner by any society availing itself of the provisions hereof. The separation of assets, funds and liabilities required hereby shall not be terminated, rescinded or modified, nor shall the funds be diverted for any use other than as specified in section three, as long as any certificates issued hereunder remain in force, and this requirement shall be recognized and enforced in any liquidation, reinsurance, merger or other change in the condition of the status of the society. SECTION 5. Any society shall have the right to provide Specified in its laws and in the certificate issued hereunder for specified payments. payments on account of the expense or general fund, which Certificate to be Proviso. payments shall or shall not be mingled with the general fund of the society as its constitution and by-laws may provide. SECTION 6. In case of the termination of membership in the society by the person responsible for the support of any child on whose account a certificate may have been issued, as provided herein, the certificate may be continued for the benefit of the estate of the child: provided, that the contributions are continued, or, for the benefit of any other person responsible for the support and maintenance of such child who shall assume the payment of the required contributions. (The foregoing was laid before the governor on the twentythird day of March, 1917, and after five days it had “the force of a law", as prescribed by the constitution, as it was not returned by him with his objections thereto within that time.) Chap.129 AN ACT RELATIVE TO THE EMPLOYMENT OF PRISONERS IN 1913, 633, etc., amended. Employment of prisoners in cultivating land. RECLAIMING AND CULTIVATING LAND. Be it enacted, etc., as follows: SECTION 1. Chapter six hundred and thirty-three of the acts of the year nineteen hundred and thirteen, as amended by chapter one hundred and eighty of the acts of the year nineteen hundred and fourteen, and by chapter one hundred and seventy-seven of the General Acts of the year nineteen hundred and fifteen, is hereby further amended by adding after section two the following new section to be numbered three: Section 3. The director of prisons may purchase reclaiming and or lease land, with funds specifically appropriated therefor by the general court, for the purpose of improving and cultivating it by the labor of prisoners from the prison camp and hospital; and the director of prisons may also make arrangements with officials of the commonwealth and officials of cities and towns to employ the said prisoners on any unimproved land, and in the construction, repair and care of public institutions and highways adjacent thereto. When prisoners are so employed they shall be in the custody of the superintendent of the prison camp and hospital. There shall be paid into the treasury of the commonwealth monthly for the labor of any prisoners employed as above provided, such sums as may be agreed upon between the director of prisons, the superintendent of the prison camp and hospital and the other parties in interest. The director Payment for labor of prisoners. |