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Determination of Article LXII of the amendments to the constitution.

and assessment of additional construction

cost.

Maximum cost of construction of certain

other bridges over Charles River Basin.

Proviso.

The

additional construction cost incurred under the provisions of this section, including interest, shall be determined and assessed in accordance with the provisions of section five relative to the Essex street-Brookline street-Cottage Farm bridge and approaches.

SECTION 3. Notwithstanding the provisions of section four of said chapter four hundred and ninety-seven, the maximum cost of construction, as defined in said section four, of the bridge between Watertown and Boston, the Western avenue bridge and the River street-Brighton street bridge, severally authorized to be constructed by said chapter, shall be two hundred thousand dollars, three hundred and twenty-five thousand dollars and three hundred thousand dollars, respectively; provided, that nothing in this section shall authorize any further borrowing on the credit of the commonwealth. Approved May 8, 1926.

Chap.328 AN ACT TO ESTABLISH THE COTUIT FIRE DISTRICT IN THE

Cotuit Fire District in town of Barnstable, established.

Powers, duties, etc.

May make certain contracts.

Policemen
and watchmen,
employment,

etc.

May raise money by

taxation, etc.

First meeting, how called, etc.

TOWN OF BARNSTABLE.

Be it enacted, etc., as follows:

SECTION 1. The inhabitants of the town of Barnstable residing in the territory known as precinct seven, as described in the records of the town clerk of said town and as shown by a map now on file in the office of the selectmen thereof, and liable to taxation in said town, shall constitute a fire district, and are hereby made a body corporate by the name of Cotuit Fire District; and said corporation, except as herein otherwise provided, shall have all the powers and be subject to all the duties and liabilities set forth in all general laws now or hereafter in force relating to fire districts.

SECTION 2. The said district may make contracts for the purchase of engines and other apparatus and articles necessary for the extinguishment of fires, for hydrant and water service, for lighting its streets and other public places with gas or electricity, for the construction and maintenance of sidewalks and for any other thing that may lawfully be done by said district.

SECTION 3. The prudential committee of the said district may employ and pay policemen and watchmen for the protection of property and persons and for patrolling the streets of said district.

SECTION 4. Said district may, at meetings called for the purpose, raise money by taxation for any of the purposes for which fire districts may, under general laws now or hereafter in force, raise money, and for all other purposes necessary or proper under the provisions of this act.

SECTION 5. The first meeting of said district shall be called on petition of five or more legal voters therein by warrant from the selectmen of the town of Barnstable, or from a justice of the peace directed to one of the petitioners

requiring him to give notice of the meeting by posting copies of said warrant in two or more public places in said district seven days at least before the time of meeting. One of the Presiding petitioners shall preside at the meeting until a clerk is chosen officers, etc. and sworn, and the clerk shall preside until a moderator is chosen. The meeting may then proceed to act on the other articles contained in the warrant.

district, etc.

SECTION 6. This act shall take effect upon its acceptance Submission by a majority of the legal voters of said district present and to voters of voting at a meeting called for that purpose in accordance with the provisions of section five of this act, within six years after the passage of this act. If voted upon and not accepted, it may be resubmitted at subsequent district meetings, legally called for the purpose; provided, that it shall not Proviso. be voted upon by the district more than three times in any one year. Approved May 8, 1926.

AN ACT RELATIVE TO CERTAIN APPEALS IN FELONY CASES AND
PROVIDING FOR THE ELIMINATION OF DELAY IN ALL FELONY
AND CERTAIN OTHER CRIMINAL CASES.

Be it enacted, etc., as follows:

Chap.329

cases, taking

SECTION 1. Section thirty-three A of chapter two hun- G. L. 278, dred and seventy-eight of the General Laws, inserted by $33A, etc., section one of chapter two hundred and seventy-nine of the acts of nineteen hundred and twenty-five, is hereby amended by inserting after the word "manslaughter" in the third line, the words: -, or upon an indictment or complaint for any other felony by order of a justice of the superior court made subject to this and the six following sections as provided in section thirty-one, so as to read as follows: Section 334. In any proceedings or trial upon an indictment Murder, manslaughter for murder or manslaughter, or upon an indictment or and certain complaint for any other felony by order of a justice of the other felony superior court made subject to this and the six following of evidence sections as provided in section thirty-one, the evidence shall upon indictbe taken by an official stenographer or by a stenographer plaint, etc. appointed by the court, and transcribed in such number of copies as the court may direct. The evidence transcribed "Transcript shall be designated as the "Transcript of the Evidence", Evidence", shall be certified by the stenographer and shall, with such certification, corrections as are made therein by direction of the court, be regarded as a true record of the evidence. Alleged errors in the transcript of the evidence must be seasonably called to the attention of the court. Exceptions taken during the proceedings and trial shall be numbered consecutively in the transcript of the evidence.

ment or com

of the

etc.

amended.

SECTION 2. Section thirty-three B of said chapter two G. L. 278, hundred and seventy-eight, inserted by section one of said $33B, etc., chapter two hundred and seventy-nine, is hereby amended by inserting after the word "manslaughter" in the second line the words: -, or other felony made subject to sections thirty-three A to thirty-three G, inclusive, as aforesaid,

Filing of claim of appeal in murder, manslaughter and certain other felony

cases.

G. L. 278,

§ 33C, etc., amended.

Upon filing

of such claim one copy of transcript of

bound into

volumes, etc.

so as to read as follows: Section 33B. A defendant in a case of murder or manslaughter, or other felony made subject to sections thirty-three A to thirty-three G, inclusive, as aforesaid, aggrieved by an opinion, ruling, direction or judgment of the superior court, rendered upon any question of law arising out of such case or upon a motion for a new trial, but not upon a plea in abatement, who desires to appeal therefrom and whose exceptions there to have been seasonably saved shall, within twenty days after verdict, file a claim of appeal in writing with the clerk, who shall forthwith notify the district attorney of such claim.

SECTION 3. Section thirty-three C of said chapter two hundred and seventy-eight, inserted by section one of said chapter two hundred and seventy-nine, is hereby amended by inserting after the word "indictment" in the ninth line. the words: or complaint, so as to read as follows: Section 33C. Upon the filing of a claim of appeal, one copy of the transcript of the evidence shall be delivered to the evidence to be clerk, who shall forthwith cause it to be substantially bound into volumes of convenient size and inscribed with the name of the court from which the appeal is taken, the title and number of the case, and the term "Transcript of the Evidence". The clerk shall forthwith prepare a concise summary of the record, which shall also include a copy of the indictment or complaint and of such pleadings and motions as the district attorney or defendant may designate. Written notice of the completion of the summary shall be given by the clerk to the defendant or his counsel of record and the fact that such notice was given shall be certified upon the record.

Summary of record, preparation

by clerk, etc.

G. L. 278,
§ 33E, etc.,
amended.

Record on appeal in murder, manslaughter and certain

other criminal

cases, transmission to supreme judicial court, etc.

G. L. 278,

§33F, etc., amended.

SECTION 4. Said chapter two hundred and seventy-eight is hereby further amended by striking out section thirty-three E, inserted by section one of said chapter two hundred and seventy-nine, and inserting in place thereof the following: Section 33E. The clerk shall, as speedily as possible but in any event within ten days after the filing of the assignment of errors or within such further time as a justice of the superior court may for cause allow, transmit the bound copy of the transcript of the evidence, the summary of the record and the assignment of errors, which together shall constitute the record on appeal, to the supreme judicial court for the county in which the case is pending or to the supreme judicial court for the commonwealth whichever first has a law sitting, including an adjourned sitting in the case of the court for the commonwealth, after the assignment of errors is filed, and upon receipt of the same such appeal shall forthwith be entered by the clerk on the docket of such court. The entry thereof shall not transfer the case but only the questions to be determined. The supreme judicial court shall consider all questions of law fairly raised.

SECTION 5. Said chapter two hundred and seventy-eight is hereby further amended by striking out section thirtythree F, inserted by section one of said chapter two hundred

when, etc.

and seventy-nine, and inserting in place thereof the following: - Section 33F. If the defendant neglects to file an Dismissal of assignment of errors within the time specified in section such appeal, thirty-three D, the appeal shall be dismissed by the superior court as a matter of course, unless further time is granted by a justice of the supreme judicial court, and the judgment appealed from be affirmed. If the defendant neglects to take the necessary measures for the hearing of the cause in the supreme judicial court, a justice of said court may order that the appeal be dismissed and that the judgment appealed from be affirmed or make such other orders as may be necessary to the furtherance of justice.

defendants in

SECTION 6. Section thirty-one of said chapter two hun- G. L. 278, § 31, dred and seventy-eight, as amended by section two of said etc., amended. chapter two hundred and seventy-nine, is hereby further amended by striking out, in the seventh and eighth lines, the words "shall be governed by sections thirty-three A to thirty-three G, inclusive" and inserting in place thereof the words, or upon an indictment or complaint for any other felony by order of the justice of the superior court presiding at such proceedings or trial made subject to sections thirtythree A to thirty-three G, inclusive, shall be governed by said sections, and authority to make any such proceedings or trial subject to said sections is hereby granted to said presiding justice, so as to read as follows: Section 31. Exceptions by Exceptions may be alleged by a defendant in a criminal case criminal cases. who is aggrieved by an opinion, ruling, direction or judgment of the superior court rendered upon any question of law arising at the trial of such case or upon a motion for a new trial, but not upon a plea in abatement; provided, that Proviso. exceptions alleged in any proceedings or trial upon an indictment for murder or manslaughter, or upon an indictment or complaint for any other felony by order of the justice of the superior court presiding at such proceedings or trial made subject to sections thirty-three A to thirty-three G, inclusive, shall be governed by said sections, and authority to make any such proceedings or trial subject to said sections is hereby granted to said presiding justice, and no bill of exceptions shall be entered or considered in the supreme judicial court in any such proceedings or trial. The excep- Reduction tions shall be reduced to writing and filed with the clerk and to writing notice thereof given to the commonwealth within three days etc. after the verdict or after the opinion, ruling, direction or judgment excepted to is given, unless a further time, not exceeding five days, except by consent of the district attorney,

filing, notice,

to court,

is allowed by the court. The clerk, immediately upon the Presentation filing of the exceptions, shall present them to the court, and allowance, etc. if, upon examination thereof by the presiding justice, they are found conformable to the truth, they shall be allowed by him. In all cases, the district attorney shall have an District opportunity to be heard concerning the allowance of such be heard, etc. exceptions. The provisions of sections one hundred and Certain profifteen to one hundred and seventeen, inclusive, of chapter to apply, etc.

attorney to

visions of law

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two hundred and thirty-one, so far as appropriate, shall apply to exceptions taken in criminal cases.

SECTION 7. Section eleven of chapter two hundred and fifty of the General Laws, as amended by section three of said chapter two hundred and seventy-nine, is hereby further amended by inserting after the word "manslaughter" in the second line the words: -, or any other felony made subject to sections thirty-three A to thirty-three G, inclusive, of chapter two hundred and seventy-eight as provided in section thirty-one of said chapter, so as to read as follows: Section 11. A writ of error upon a judgment for a capital crime, murder in the second degree or manslaughter, or any other felony made subject to sections thirty-three A to thirty-three G, inclusive, of chapter two hundred and seventy-eight as provided in section thirty-one of said chapter, shall not issue, unless allowed by a justice of the supreme judicial court after notice to the attorney general or other attorney for the commonwealth; but a writ of error upon a judgment in any other criminal case shall issue as of course, but it shall not stay or delay the execution of the judgment or sentence, unless by an express order of a justice of the supreme judicial court, who may make a further order for the custody of the plaintiff in error or for releasing him on bail.

SECTION 8. Chapter two hundred and eleven of the General Laws is hereby amended by striking out section seven and inserting in place thereof the following: - Section 7. Unless the court for cause shown directs otherwise, questions of law in criminal cases which are entered upon the docket of the full court shall be argued in their order and before any civil cases are argued, and thereafter questions of law in civil cases which are entered upon said docket shall, when reached, be argued in their order if either party is ready. But no party shall be compelled to be ready for argument within ten days after the question has been duly reserved of record in the court in which the case is pending.

SECTION 9. Said chapter two hundred and eleven is hereby further amended by striking out section twelve and inserting in place thereof the following: - Section 12. A law sitting of the court for the commonwealth shall be held annually at Boston on the first Wednesday of January and may be adjourned to places and times most conducive to the despatch of business and to the interests of the public. At such sitting, questions of law arising in criminal cases in any county in the commonwealth, questions of law arising in civil cases in the counties of Barnstable, Essex, Middlesex, Norfolk, Plymouth and Suffolk, and, by consent of the parties filed in the case, such questions arising in civil cases in other counties, and such questions for which no other provision is made, shall be entered and determined.

SECTION 10. Said chapter two hundred and eleven, as amended in section fifteen by section five of said chapter

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