corporations. or in supplying or distributing water, owned by Massa- Certain propchusetts savings banks or co-operative banks, by Massa- ety of certain chusetts corporations subject to taxation under chapter sixty-three except domestic business corporations as defined in section thirty of said chapter, or by foreign corporations subject to taxation under section fifty-eight of said chapter; also property, other than real estate, motor vehicles, poles, underground conduits, wires and pipes, and other than machinery used in the conduct of the business, owned by domestic business corporations or by foreign corporations, as defined in section thirty of chapter sixtythree; provided, that the terms "machinery used in the Proviso. conduct of the business" and "motor vehicles" shall not, as herein used, be deemed to include stock in trade. ❞ amended. missioner of corporations abatements of made to cor SECTION 2. Section seventy-four of said chapter fifty- G. L. 59, § 74, nine is hereby amended by inserting after the word "estate' in the third and fourth lines and in the eighth line, in each instance, the words: -, motor vehicles, - so as to read as follows: Section 74. Whenever an abatement is finally Notice to commade to any corporation taxable under chapter sixty-three upon any tax assessed by the assessors of any town, upon or and taxation of in respect of works, structures, real estate, motor vehicles, local taxes machinery, poles, underground conduits, wires and pipes, porations, etc. the assessors, commissioners or court granting such abatement shall forthwith notify the commissioner thereof, and shall state in such notice what sum was determined by such assessors, commissioners or court to have been the full and fair cash value of such works, structures, real estate, motor vehicles, machinery, poles, underground conduits, wires and pipes on the first day of April on which the tax so abated was originally assessed. assessors of cer corporations corporate SECTION 3. Section eighty-three of said chapter fifty- G. L. 59, § 83, nine is hereby amended by inserting after the word "estate" amended. in the sixth line the words: motor vehicles, so as to read as follows: Section 83. Assessors shall annually, on Returns by or before the first Monday of July, return to the commis- tain domestic sioner the names of all domestic and foreign corporations, and foreign except banks of issue and deposit, having a capital stock and assessed divided into shares, organized for the purposes of business value of certain or profit and established in their respective towns or owning property. real estate therein, and a detailed statement of the works, structures, real estate, motor vehicles, machinery, poles, underground conduits, wires and pipes owned by each of said corporations and situated in such town, with the value thereof, on April first preceding, and the amount at which the same is assessed in said town for the then current year. An assessor neglecting to comply with this section shall be punished by a fine of one hundred dollars. subdiv. (a), SECTION 4. Subdivision (a) of paragraph three of section G. L. 63, § 30, thirty of chapter sixty-three of the General Laws, as amended par three, by section one of chapter three hundred and one of the acts etc., amended. of nineteen hundred and twenty-five, is hereby further amended by inserting after the word "estate" in the first Taxation of domestic business cor ductions in determining corporate excess, definition of term "real line of said subdivision the words:-, motor vehicles, so that said subdivision will read as follows: (a) The works, structures, real estate, motor vehicles, machinery, porations, de poles, underground conduits, wires and pipes owned by it within the commonwealth subject to local taxation, except such part of said real estate as represents the interest of a mortgagee. The term "real estate", as used in this subdivision and in subdivision (a) of paragraph four of this section shall include the corporation's interest as lessee in such buildings on land held under a lease as by the terms of the lease are the property of and may be removed by the lessee, and such buildings, for the purposes of said subdivisions and of sections fifty-five and fifty-seven, shall not be deemed real estate of the lessor. estate", etc. G. L. 63, 30, par. four, subdiv. (a), amended. Taxation of foreign corporations, deductions in determining corporate excess, etc. G. L. 63, § 55, etc., amended. Valuation of corporate SECTION 5. Subdivision (a) of paragraph four of section thirty of said chapter sixty-three is hereby amended by inserting after the word "estate" in the first line of said subdivision the words: -, motor vehicles, so that said subdivision will read as follows: (a) Works, structures, real estate, motor vehicles, machinery, poles, underground conduits, wires and pipes owned by it within the commonwealth subject to local taxation, except such part of said real estate as represents the interest of a mortgagee; so as SECTION 6. Section fifty-five of said chapter sixty-three, as amended by section three of chapter two hundred and ninety of the acts of nineteen hundred and twenty-three and by section two of chapter three hundred and one of the acts of nineteen hundred and twenty-five, is hereby further amended by inserting after the word "estate" in the fifteenth, twenty-sixth, thirty-first and thirty-fifth lines as printed in the General Laws the words: -, motor vehicles, to read as follows: Section 55. The commissioner shall ascertain from the returns or otherwise the true market certain corpora- value of the shares of each corporation required to make a return under section fifty-three or fifty-four, and shall estimate therefrom the fair cash value of all the shares constituting its capital stock on April first preceding, which, unless by the charter of a corporation a different method of ascertaining such value is provided, shall, for the purposes of this chapter, be taken as the true value of its corporate franchise. From such value there shall be made the following deductions: franchises of tions. Deductions. In case of a rail- In case of a domestic telephone company. First. In case of a railroad, telegraph, street railway or electric railroad corporation or company, whether chartered or organized in this commonwealth or elsewhere, so much of the value of its capital stock as is proportional to the length of that part of its line, if any, lying without the commonwealth; and also the value of its works, structures, real estate, motor vehicles, machinery, poles, underground conduits, wires and pipes, subject to local taxation within the commonwealth. Second. In case of a domestic telephone company, the amount and market value of all stock in other corporations held by it upon which a tax has been paid in this or other states for the twelve months last preceding the date of the return. domestic or Third. In case of a domestic or foreign telephone com- In case of a pany, so much of the value of its capital stock as is pro- foreign teleportional to the number of telephones used or controlled by phone comit, or under any letters patent owned or controlled by it, without the commonwealth. pany. domestic or Fourth. In case of a domestic or foreign telephone com- In case of a pany, the value of its works, structures, real estate, motor foreign televehicles, machinery, poles, underground conduits, wires and phone compipes, subject to local taxation within the commonwealth. pany. tain other cor Fifth. In case of corporations subject to section fifty- In case of certhree or fifty-four, other than railroad, telegraph, telephone, porations. street railway and electric railroad corporations or companies, the value as found by the commissioner of their works, structures, real estate, motor vehicles, machinery, poles, underground conduits, wires and pipes, subject to local taxation wherever situated. tain corpora electric com Sixth. In case of corporations owning stock of an electric In case of cercompany under section nine A of chapter one hundred tions owning and sixty-four as thereto authorized by the department of stock of certain public utilities, the deduction mentioned in paragraph panies. Fifth above and the fair cash value, as found by the commissioner, of the stock of such electric companies so owned. For the purposes of this section the commissioner may Commissioner take the value at which any works, structures, real estate, at which cermotor vehicles, machinery, poles, underground conduits, tain property wires and pipes are assessed at the place where they are locally as its located as the true value, but such local assessment shall not be conclusive of the true value thereof. The term "real estate", as used in this section and in section fifty-seven, shall include the corporation's interest as lessee in such buildings on land held under a lease as by the terms of the lease are the property of and may be removed by the lessee, and such buildings, for the purposes of said sections and of subdivision (a) of paragraph three of section thirty and subdivision (a) of paragraph four of said section thirty, shall not be deemed real estate of the lessor. may take value is assessed true value, etc. Term "real es tate", as used, etc., defined. SECTION 7. Section fifty-seven of said chapter sixty-three G. L. 63, § 57, is hereby amended by inserting after the word "estate" in amended. the first line the words: -, motor vehicles, so as to read when assessors' property taxed sioner's. as follows: Section 57. If the value of the works, struc- Remedy of tures, real estate, motor vehicles, machinery, poles, under- corporation ground conduits, wires and pipes of a corporation subject valuation of to local taxation within the commonwealth, as determined locally exceeds by the commissioner, is less than the value thereof as de- commistermined by the assessors of the town where it is situated, be shall give notice of his determination to such corporation; and, unless within one month after the date of such notice it applies to said assessors for an abatement, and, upon their refusal to grant an abatement, prosecutes an appeal under Effective date. section sixty-four of chapter fifty-nine, giving notice thereof to the commissioner, the valuation of the commissioner shall be conclusive upon said corporation. SECTION 8. This act shall take effect January first, nineteen hundred and twenty-seven. Approved April 28, 1926. Chap.280 AN ACT providing for thE ILLUMINATION OF the bunker Illumination of HILL MONUMENT. Be it enacted, etc., as follows: After an appropriation has been made, the metropolitan monument. district commission is hereby authorized and directed to expend a sum, not exceeding fifteen hundred dollars, for the installation of a proper system for illuminating the Bunker Hill monument. Approved April 28, 1926. Chap.281 AN ACT ESTABLISHING THE TIME WITHIN WHICH ACTIONS G. L. 260, § 1, amended. Limitation of actions relative to support of insane public charges. RELATIVE TO THE SUPPORT OF INSANE PUBLIC CHARGES Be it enacted, etc., as follows: Section one of chapter two hundred and sixty of the General Laws is hereby amended by adding at the end thereof the following new paragraph: - Fifth, Actions under section ninety-six of chapter one hundred and twentythree to recover for the support of inmates in state institutions. Approved April 28, 1926. Chap.282 AN ACT TO PROVIDE FOR BIENNIAL MUNICIPAL ELECTIONS IN Biennial municipal elections in city of Worcester. Mayor, election in 1927, etc., term of office, etc. Term of office of members of THE CITY OF WORCESTER AND TO FIX THE DATE OF SUCH Be it enacted, etc., as follows: SECTION 1. Municipal elections in the city of Worcester for the choice of mayor, members of the city council and members of the school committee shall be held biennially commencing with the municipal election in the year nineteen hundred and twenty-seven. SECTION 2. At the biennial municipal election to be held in said city in the year nineteen hundred and twentyseven and at every biennial municipal election thereafter, the mayor shall be elected to serve for the two municipal years next following his election and until the qualification of his successor. The term of office of all members of each each branch of branch of the city council of said city shall terminate upon the qualification of their successors elected under this section at the municipal election in the year nineteen hundred and twenty-six. At said election there shall be elected eleven common coun- members of the board of aldermen, of whom one shall be elected by and from the qualified voters of each ward and one by and from the qualified voters of the city at large, and city council to terminate, etc. Board of aldermen and cil, election in 1926, terms of office, etc. of member common coun 1927, etc., thirty members of the common council, of whom three shall be elected by and from the qualified voters of each ward. Each member of the city council so elected shall hold office for the municipal year next succeeding his election and until the qualification of his successor. Any member of the city Term of office council elected subsequent to said election for the purpose elected to fill of filling a vacancy shall hold office only for the unexpired vacancy. term. At the biennial municipal election of said city in Board of alderthe year nineteen hundred and twenty-seven, and at each men and biennial municipal election thereafter, there shall be elected cil, election in eleven members of the board of aldermen, of whom one terms of office, shall be elected by and from the qualified voters of each etc. ward and one by and from the qualified voters of the city at large, and thirty members of the common council, of whom three shall be elected by and from the qualified voters of each ward. Each member of the city council so elected shall. hold office for the two municipal years next succeeding his election and until the qualification of his successor. The Inauguration inauguration meeting of the city government shall be held meeting. on the first Monday of January in the year nineteen hundred and twenty-seven, and on the first Monday in January following each biennial municipal election thereafter, or on the following day whenever said first Monday in January falls upon a holiday. school com in 1925 to mittee, election SECTION 3. The terms of office of the members of the Terms of office school committee of said city elected at the municipal elec- of members of tion in the year nineteen hundred and twenty-five shall mittee elected terminate upon the qualification of the members of the terminate, etc. school committee elected under this section at the municipal election in the year nineteen hundred and twenty-six. At School comsaid election there shall be elected eleven members of the in 1926, terms school committee, of whom one shall be elected by and of office, etc. from the qualified voters of each ward and one by and from the qualified voters of the city at large. Each of the members of the school committee so elected shall hold office for the municipal year next succeeding his election and until the qualification of his successor. Any member of the Term of office school committee elected subsequent to said election for of member the purpose of filling a vacancy shall hold office only for the vacancy, etc. unexpired term. At the biennial municipal election of said School comcity in the year nineteen hundred and twenty-seven, and at in 1927, etc.. each biennial municipal election thereafter, there shall be terms of office, elected eleven members of the school committee, of whom one shall be elected by and from the qualified voters of each ward and one by and from the qualified voters of the city at large. Each of the members of the school committee so elected shall hold office for the two municipal years next succeeding his election and until the qualification of his successor. elected to fill mittee, election etc. sistent pro SECTION 4. Such provisions of chapter four hundred Certain inconand forty-four of the acts of eighteen hundred and ninety- visions of law three, as amended, as are inconsistent with this act are repealed. hereby repealed, |