AN ACT AUTHORIZING THE CITY OF QUINCY TO BORROW Chap.249 MONEY FOR SCHOOL PURPOSES. Be it enacted, etc., as follows: may borrow school purposes. 1926. SECTION 1. For the purpose of purchasing a grammar City of Quincy school building now situated in the city of Quincy and money for owned by the United States government, and for the purpose of originally equipping and furnishing said building, the city of Quincy may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate, two hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Quincy Quincy School School Loan, Act of 1926. Each authorized issue shall Loan, Act of constitute a separate loan, and such loans shall be paid in not more than fifteen years from their dates, but no issue shall be authorized under this act unless a sum equal to an amount not less than ten per cent of such authorized issue is voted for the same purpose to be raised by the tax levy of the year when authorized. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter forty-four of the General Laws, exclusive of the proviso inserted in section seven of said chapter by chapter three hundred and thirty-eight of the acts of nineteen hundred and twentythree. SECTION 2. This act shall take effect upon its passage. Approved April 16, 1926. AN ACT AUTHORIZING THE CITY OF LEOMINSTER TO BORROW Chap.250 MONEY FOR SCHOOL PURPOSES. Be it enacted, etc., as follows: Leominster money for SECTION 1. For the purpose of constructing a new school City of building and for the purpose of constructing additions to may borrow existing school buildings, which additions increase the floor school purposes. space thereof, and of originally equipping and furnishing the said new building and additions, the city of Leominster may borrow from time to time, within a period of five years from the passage of this act, such sums as may be necessary, not exceeding, in the aggregate five hundred thousand dollars, and may issue bonds or notes therefor, which shall bear on their face the words, Leominster School Loan, Act of 1926. Each Leominster authorized issue shall constitute a separate loan, and such loans Act of 1926. shall be paid in not more than fifteen years from their dates, but no issue shall be authorized under this act unless a sum equal to an amount not less than ten per cent of such authorized issue is voted for the same purpose to be raised by the tax levy of the year when authorized. Indebtedness incurred under this act shall be in excess of the statutory limit, but shall, except as provided herein, be subject to chapter School Loan, forty-four of the General Laws, exclusive of the proviso SECTION 2. This act shall take effect upon its passage. Chap.251 AN ACT AUTHORIZING THE UNIONVILLE FIRE AND WATER Unionville Fire and Water Dis an additional water loan. DISTRICT TO MAKE AN ADDITIONAL WATER LOAN. Be it enacted, etc., as follows: SECTION 1. For the purpose of extending its water mains trict may make and improving its water distribution facilities, the Unionville Fire and Water District may from time to time borrow such sums as may be necessary, not exceeding, in the aggregate, five thousand dollars, in addition to any sums hereto'fore authorized for water purposes, and may issue bonds or notes therefor, which shall bear on their face the words, Unionville Fire Unionville Fire and Water District Water Loan, Act of 1926. Each authorized issue shall constitute a separate loan, and such loans shall be payable in not more than ten years from their dates. Any indebtedness incurred under this act shall, except as herein provided, be subject to chapter forty-four of the General Laws. and Water District Water Loan, Act of 1926. Payment of loan, etc. SECTION 2. The district shall at the time of authorizing said loan or loans provide for the payment thereof in accordance with section one; and when a vote to that effect has been passed a sum which, with the income derived from water rates, will be sufficient to pay the annual expense of operating its water works and the interest as it accrues on the bonds or notes issued as aforesaid, and to make such payments on the principal as may be required by this act, shall, without further vote, be certified to the assessors of the town of Easton and shall annually thereafter be assessed, collected, and paid over to the district treasurer, in the same manner as is provided by law in the case of fire district taxes, until the debt incurred by said loan or loans is extinguished. SECTION 3. This act shall take effect upon its passage. Chap.252 AN ACT RELATIVE TO THE GROUNDING OF CERTAIN POLES G. L. 166, 34, amended. Poles, etc., used lines for transmission of elec to support tricity to be insulated, etc. AND STRUCTURES USED TO SUPPORT LINES FOR ELECTRIC Be it enacted, etc., as follows: Chapter one hundred and sixty-six of the General Laws is hereby amended by striking out section thirty-four and inserting in place thereof the following: Section 34. Poles and other structures used to support lines for the transmission of electricity shall be insulated in such manner as to protect employees and other persons from accidents. If such poles and other structures are of any material except wood, and support lines which are operated at a voltage inspectors of in excess of two thousand volts, they shall be plainly and conspicuously marked "Dangerous. Keep Away"; pro- Proviso. vided, that if such poles or structures are used solely to support lines for the transmission of electricity for street lighting and are operated at a voltage of not over ten thousand volts the same need not be so marked if those parts thereof which are accessible to the public are solidly connected to a permanent ground having a resistance of not more than two ohms and if the service wires conducting the current to such poles or structures are placed in underground conduits. The inspector of wires designated or appointed Duties, etc., of under the authority of section thirty-two, or, in Boston, the wires and fire commissioner, shall enforce this section, and he shall be Boston fire the sole judge of what constitutes a proper insulation or marking as hereinbefore required. Any owner of poles or Penalty. other structures, used for the transmission of electricity, shall be punished by a fine of not less than ten nor more than one hundred dollars for each pole or structure left uninsulated, ungrounded or unmarked in violation of this section for an unreasonable time after a request by said inspector or commissioner that the same be properly insulated, grounded or marked as herein required. For the Words "inpurposes of this section, the words "inspector of wires" or wires 'inspector" shall, in any town having no such inspector, mean the selectmen. Approved April 16, 1926. commissioner. spector of " or "in spector" to mean selectmen AN ACT MAKING KNOWLEDGE A NECESSARY ELEMENT IN THE Chap.253 OFFENCE OF USING A MOTOR VEHICLE WITHOUT AUTHORITY. Be it enacted, etc., as follows: - motor under influence Section twenty-four of chapter ninety of the General G. L. 90, $ 24, etc., amended. Laws, as amended by chapter one hundred and eighty-three of the acts of nineteen hundred and twenty-four and by section three of chapter two hundred and one and section one of chapter two hundred and ninety-seven, both of the acts of nineteen hundred and twenty-five, is hereby further amended by inserting after the word "authority" in the eleventh line the words: knowing that such use is unauthorized, so as to read as follows: Section 24. Who- Penalty for ever upon any way operates a motor vehicle recklessly, or operating mot while under the influence of intoxicating liquor, or so that lessly or while the lives or safety of the public might be endangered, or of intoxicating upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever uses a motor vehicle without authority knowing For unauthorthat such use is unauthorized, or whoever loans or knowingly ized use of permits his license to operate motor vehicles to be used by For fraud in another person, or whoever makes false statements in an ap- licenses. liquor, etc. motor vehicles. connection with plication for such a license or falsely impersonates the person named in such an application, or procures such false impersonation, whether of himself or of another, shall be punished by a fine of not less than twenty nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; except that for an offence of operating a motor vehicle while under the influence of intoxicating liquor committed within a period of six years under influence immediately following his final conviction of a like offence For second or subsequent offences of operating motor vehicles while of intoxicating liquor. Investigation, etc., as to previous conviction of like offence, etc., when person charged with having operated motor vehicle while under influence of intoxicating liquor. Penalty for not stopping, etc., after collision, etc. by a court or magistrate of the commonwealth, a person shall be punished by imprisonment for not less than one month nor more than two years. Before a magistrate or other officer authorized to receive complaints in criminal cases reduces a complaint to writing, or before a prosecuting officer presents evidence to the grand jury, charging a person with having operated a motor vehicle while under the influence of intoxicating liquor, he shall communicate with the office of the registrar, and shall inquire as to whether there is in said office any record or other information tending to show that such person has been finally convicted of a like offence by a court or magistrate of the commonwealth within a period of six years immediately preceding the commission of the offence with which he is charged, and if it shall appear to such magistrate or other officer, or to the grand jury, as the case may be, that such person has so been convicted, the complaint or indictment shall contain an averment to that effect which shall specify such court or magistrate and the date of such conviction. Any person who operates a motor vehicle upon any way and who, without stopping and making known his name, residence and the number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person, shall be punished by imprisonment for not less than one month nor more than two years. A conviction of a violation of this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event and shall, unless the court or magistrate recommends otherwise, revoke immediately the license of the person so convicted, and no appeal from the judgment shall operate to stay the revocation of the license. If it appears by the records of the registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer, the registrar may revoke the certificate of registration of any or all motor vehicles so owned or exclusively conIssuance of new trolled. The registrar in his discretion may issue a new license to any person acquitted in the appellate court, or after an investigation or upon hearing may issue a new license to a person convicted in any court; provided, that no new license shall be issued by the registrar to any person convicted of operating a motor vehicle while under the influence of intoxicating liquor until one year after the date of final conviction, if for a first offence, or five years after any subsequent conviction, and to any person convicted of Revocation of license upon conviction, etc. license, when. Proviso. vehicle while of intoxicating or subsequent other violations, violating any other provision of this section until sixty days after the date of final conviction, if for a first offence, or one year after the date of any subsequent conviction. The Prosecutions for prosecution of any person for operating a motor vehicle while operating motor under the influence of intoxicating liquor, if the offence is under influence committed within a period of six years immediately follow- liquor, if second ing his final conviction of a like offence by a court or magis- offence, etc. trate of the commonwealth, shall not in any event be placed disposition, etc. on file or otherwise disposed of except by trial, judgment and sentence according to the regular course of criminal proceedings, nor shall the execution of the sentence for such later offence be suspended under section one of chapter two hundred and seventy-nine. The prosecution for the viola- Prosecutions for tion of any other provision of this section, if a second or if second or subsequent offence, shall not, unless the interests of justice subsequent ofrequire such disposition, be placed on file or otherwise dis- tion, etc. posed of except by trial, judgment and sentence according to the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion. in writing, stating specifically the reasons therefor, and verified by affidavit if facts are relied on. If the court or magistrate certifies in writing that he is satisfied that the reasons relied upon are sufficient and that the interests of justice require the allowance of the motion, the motion shall be allowed, and the certificate shall be filed in the case. A copy of the motion and certificate shall be sent by the court or magistrate forthwith to the registrar. Approved April 16, 1926. fence, disposi AN ACT RELATIVE TO THE REMOVAL OF OVERHEAD WIRES Chap.254 AND CONSTRUCTION IN THE CITY OF NEW Bedford. Be it enacted, etc., as follows: amended. Chapter three hundred and thirty-five of the acts of nine- 1914, 335, § 2, teen hundred and fourteen is hereby amended by striking out section two and inserting in place thereof the following: -Section 2. The provisions of this act shall apply to all Removal of public ways and places within the city of New Bedford. Approved April 16, 1926. overhead wires, etc.. in New Bedford. AN ACT RELATIVE TO SERVICE OF PROCESS AGAINST CERTAIN Chap.255 DOMESTIC CORPORATIONS. Be it enacted, etc., as follows: amended. Section thirty-seven of chapter two hundred and twenty- G. L. 223, § 37, three of the General Laws is hereby amended by inserting after the word "the" in the thirteenth line the words: process against president, treasurer, so as to read as follows: Section 37. Service of In an action against a county, city, town, parish or religious counties, cities, society, or against the proprietors of wharves, general fields towns, parishes, or real estate lying in common, who are incorporated, service shall be made upon the treasurer thereof, or if no etc. |