AN ACT RELATIVE TO THE OBSERVANCE OF SPANISH WAR Chap. 58 MEMORIAL DAY AND MAINE MEMORIAL DAY. Be it enacted, etc., as follows: section after 14. and Maine observance. Chapter six of the General Laws is hereby amended by G. L. 6, new inserting after section fourteen the following new section:secti Section 14A. The governor shall annually set apart Febru- Spanish War ary fifteenth, the anniversary of the sinking of the United Memorial Day States battleship "Maine" in the harbor of Havana, Cuba, Memorial Day as Spanish War Memorial Day and Maine Memorial Day, Governor and shall issue his proclamation recommending that the day proclamation. be observed by the people in the display of the flag and by appropriate exercises in the public schools and elsewhere, commemorative of the services and sacrifices of the men who fought in the Spanish-American War. Approved February 21, 1927. AN ACT RELATIVE TO THE DUTIES OF PROBATION OFFICERS Be it enacted, etc., as follows: to issue Chap. 59 amended. SECTION 1. Section one hundred A of chapter one hun- G. L. 123, dred and twenty-three of the General Laws, inserted by $100A, etc., chapter four hundred and fifteen of the acts of nineteen hundred and twenty-one, as amended by chapter three hundred and thirty-one of the acts of nineteen hundred and twenty-three and by chapter one hundred and sixty-nine of the acts of nineteen hundred and twenty-five, is hereby further amended by inserting after the word "responsibility" in the twelfth line the following: Whenever the probation officer of such court has in his possession or whenever the inquiry which he is required to make by section eighty-five of chapter two hundred and seventy-six discloses facts which if known to the clerk would require notice as aforesaid, such probation officer shall forthwith communicate the same to the clerk who shall thereupon give such notice unless already given, so as to read as follows: - Section 100A. Investigation Whenever a person is indicted by a grand jury for a capital of mental disoffense or whenever a person, who is known to have been eases of mental indicted for any other offense more than once or to have certain persons been previously convicted of a felony, is indicted by a grand jury or bound over for trial in the superior court, the clerk of the court in which the indictment is returned, or the clerk of the district court or the trial justice, as the case may be, shall give notice to the department of mental diseases, and the department shall cause such person to be examined with a view to determine his mental condition and the existence of any mental disease or defect which would affect his criminal responsibility. Whenever the Probation probation officer of such court has in his possession or certain facts by department condition of held for trial. officer to give to clerk, etc. with clerk of court, etc. Failure of notice to department, etc. whenever the inquiry which he is required to make by section. eighty-five of chapter two hundred and seventy-six discloses facts which if known to the clerk would require notice as aforesaid, such probation officer shall forthwith communicate the same to the clerk who shall thereupon give such notice. Filing of report unless already given. The department shall file a report of its investigation with the clerk of the court in which the trial is to be held, and the report shall be accessible to the court, the district attorney and to the attorney for the accused. In the event of failure by the clerk of a district court or the trial justice to give notice to the department as aforesaid, the same shall be given by the clerk of the superior court after entry of the case in said court. Upon giving the notice required by this section the clerk of a court or the trial justice shall so certify on the papers. The physician making such examination shall, upon certification by the department, receive the same fees and traveling expenses as provided in section seventy-three for the examination of persons committed to institutions and such fees and expenses shall be paid in the same manner as provided in section seventy-four for the payment of commitment expenses. Any clerk of court or trial justice who neglect of duty wilfully neglects to perform any duty imposed upon him by this section shall be punished by a fine of not more than fifty dollars. Certification of notice. Fees, etc., of physician making examination. Penalty for by clerk of court, etc. Effective date. SECTION 2. This act shall take effect on the first day of July in the current year. Approved February 21, 1927. Chap. 60 AN ACT PROHIBITING UNTIL THE YEAR NINETEEN HUNDRED 1925, 106. amended. Taking, etc., of deer in Essex county prohibited until year 1928. Penalty. AND TWENTY-EIGHT THE TAKING OF DEER IN THE COUNTY Be it enacted, etc., as follows: Chapter one hundred and six of the acts of nineteen hundred and twenty-five is hereby amended by striking out, in the fifth line, the word "twenty-seven" and inserting in place thereof the word: - twenty-eight, so as to read as follows: Whoever, except as otherwise provided in sections sixty-two, eighty-two or eighty-three of chapter one hundred and thirty-one of the General Laws, before the beginning of the open season on deer throughout the commonwealth in the year nineteen hundred and twenty-eight, hunts, pursues, wounds or kills a deer in Essex county, or sells or offers for sale, or has in possession, a deer or any part thereof, captured or killed in said county, shall be punished by a fine of one hundred dollars. Approved February 21, 1927. Chap. 61 AN ACT AUTHORIZING GORDON COLLEGE OF THEOLOGY AND Gordon College of Theology MISSIONS OF BOSTON TO GRANT ADDITIONAL DEGREES. Be it enacted, etc., as follows: Gordon College of Theology and Missions of Boston is and Missions of hereby authorized to grant additional degrees earned in course and appropriate to the several courses of study pur- Boston may sued in the institution in accordance with the provisions of grant additional Approved February 21, 1927. its charter. AN ACT REGULATING THE USE OF THE WORD CORPORA- Be it enacted, etc., as follows: degrees. Chap. 62 section after SECTION 1. Chapter one hundred and ten of the General G. L. 110, new Laws is hereby amended by inserting after section four the $4. following new section: - Section 4A. No individual, unin- Use of word corporated association or partnership shall assume or use in corporation" the name or title under which his or its business is transacted rated", etc., as the word "corporation" or "incorporated" or any abbrevi- under which ated form thereof. or "incorpo part of name business is transacted, amended. SECTION 2. Section twenty-six of said chapter one regulated. hundred and ten is hereby amended by inserting after the 10. § 26, word "sections" in the first line the following: four A, so as to read as follows: Section 26. Violations of any provision of sections four A, eleven, twelve or thirteen shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both. Approved February 21, 1927. Penalty for unlawful use of ration" or "in word "corpo corporated", for making false trade marks, dies, etc., and for selling falsely marked goods. AN ACT AUTHORIZING THE FILING OF CERTIFICATES DIS- Chap. 63 CHARGING LIENS FOR FEDERAL TAXES AND PROVIDING A FEE THEREFOR. Be it enacted, etc., as follows: amended. etc., may be SECTION 1. Section twenty-four of chapter thirty-six of G. L. 36, § 24, the General Laws is hereby amended by inserting after the word "estate" in the first line the words: or a certificate of discharge of such a lien, so as to read as follows: Section 24. Notice of a federal tax lien on real estate or a Notice of certificate of discharge of such a lien may be filed with the federal tax lien, register of deeds for the county where the land lies, and filed, etc. shall be recorded, or, if intended to affect registered land, shall be filed and registered in accordance with section seventy-eight of chapter one hundred and eighty-five. SECTION 2. Section thirty-eight of chapter two hundred G. L. 262, § 38, and sixty-two of the General Laws is hereby amended by inserting after the word "lien" in the twenty-eighth line the words: or a certificate of discharge of such a lien, so that the paragraph contained in the twenty-eighth and twenty-ninth lines will read as follows: For filing, record- Fee for filing, ing and indexing a notice of a federal tax lien or a certificate tax lien, notice, of discharge of such a lien, fifty cents. Chap. 64 AN ACT REQUIRING ANNUAL RETURNS OF INACTIVE CASES TO G. L. 221, § 24, etc., amended. of courts to make annual returns of cases to state secretary. BE MADE TO THE STATE SECRETARY BY CERTAIN CLERKS Be it enacted, etc., as follows: Chapter two hundred and twenty-one of the General Laws, as amended in section twenty-four by chapter one hundred and thirty-one of the acts of nineteen hundred and twenty-four, is hereby further amended by striking out said section twenty-four and inserting in place thereof the Certain clerks following: Section 24. The clerks of the courts for the several counties and the clerks of the superior court for civil and for criminal business in Suffolk county shall annually in July make returns for the last preceding year ending June thirtieth to the state secretary upon suitable blank forms provided by him, setting forth, as to civil cases, the number of jury cases, of jury waived cases, of equity cases and of divorce cases, pending at the beginning of each year in the superior court for their respective counties, the number of each of said four classes of cases entered during the year, the number of cases of each class actually tried during the year, the number of cases of each class disposed of during the year by agreement of the parties or by order of the court, the number of cases of each class marked inactive during the year under rule of court, the number of cases of each class so marked inactive at any time and remaining untried or undisposed of at the end of the year, the number of cases of each class pending at the end of the year, the number of cases wherein the verdict of the jury has been set aside by the court on the ground that it was excessive and the number of days during which the court has sat in their respective counties for the hearing of each of said four classes of cases; and, as to criminal cases, the number of such cases pending at the beginning of each year in the superior court for their respective counties, the number of indictments returned during the year, the number of appealed criminal cases entered during the year, the number of such cases actually tried during the year, the number of cases disposed of without trial during the year, the number of such cases pending at the end of the year, the number of such cases wherein a new trial has been ordered and the number of days during which the court has sat in their respective counties for the hearing of such cases. Approved February 21, 1927. Chap. 65 AN ACT RELATIVE TO THE COMPUTATION OF INTEREST ON G. L. 175, LOANS AND CERTAIN OVERDUE PREMIUMS ON LIFE IN- Be it enacted, etc., as follows: SECTION 1. Section one hundred and thirty-two of etc., amended. chapter one hundred and seventy-five of the General Laws, § 132, prov. 7, as amended by chapter seventy-five of the acts of nineteen hundred and twenty-two, by chapter one hundred and ninety-five of the acts of nineteen hundred and twentythree, by sections one and two of chapter seventy-five of the acts of nineteen hundred and twenty-four and by section two of chapter one hundred and ninety-seven of the acts of nineteen hundred and twenty-five, is hereby further amended by inserting before the word "not" in the seventh line of provision 7 the words: a rate, and also by striking out, in the ninth line of said provision, the word "annually and inserting in place thereof the word: semi-annually, insurance so that provision 7 will read as follows:-7. A provision Loans on life that not later than the third anniversary of the policy the policies, holder of the policy shall, upon a proper assignment thereof interest, etc. to the company, be entitled to borrow of the company, on the sole security of the policy, a sum not more than ninetyfive per cent of the cash surrender value thereof, less any indebtedness to the company, with interest at a rate not exceeding six per cent per annum or, at the option of the company, with interest as aforesaid compounded semiannually. Said provision shall include such other conditions as, in conformity to the laws of the commonwealth, the company will impose when the application for the loan is made. - G. L. 175, of life SECTION 2. Said section one hundred and thirty-two of said chapter one hundred and seventy-five, as amended as aforesaid, is hereby further amended by striking out, in the tenth line of provision 11, the word "annually" and inserting in place thereof the word:- semi-annually, so that provision 11 will read as follows:11. A provision that the Reinstatement holder of a policy shall be entitled to have the policy rein- insurance stated at any time within three years from the date of de- policies. fault, unless the cash surrender value has been duly paid or the extension period has expired, upon the production of evidence of insurability satisfactory to the company and the payment of all overdue premiums and any other in- Payment of debtedness to the company upon said policy, with interest premiums, at the rate of not exceeding six per cent per annum or, at the interest, etc. option of the company, with interest as aforesaid compounded semi-annually. overdue G. L. 175, amended.' § 142, etc., SECTION 3. Section one hundred and forty-two of said chapter one hundred and seventy-five, as amended by section three of said chapter seventy-five of the acts of nineteen hundred and twenty-four, is hereby further amended by inserting after the word "at" in the seventh line the words: a rate, and also by striking out, in the ninth line, the word "annually" and inserting in place thereof the word: semi-annually, so as to read as follows: Section 142. After three full annual premiums have been Loans on paid on any policy of life or endowment insurance issued policies of life by a domestic life company after December thirty-first, insurance, nineteen hundred and seven, the holder thereof, upon its proper assignment to the company, shall within ninety days or endowment interest, etc. |