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alleged at

criminal cases,

tion, etc.

two hundred and seventy-nine, is hereby further amended by striking out said section fifteen and inserting in place thereof the following: Section 15. The exceptions alleged Exceptions at the trial of a criminal case in any county, not subject to trial of certain the provisions of sections thirty-three A to thirty-three G, entry and deinclusive, of chapter two hundred and seventy-eight in terminaaccordance with said provisions or not made subject thereto by order of a justice of the superior court in accordance with section thirty-one of said chapter, may be entered and determined either at the law sitting of the supreme judicial court held for the county in which they arise, or, upon the order of the justice presiding at the trial, at the sitting of the court for the commonwealth including an adjourned sitting.

date.

SECTION 11. This act shall take effect on September Effective first, nineteen hundred and twenty-six, but shall not apply Limit of to felony cases commenced upon indictments returned and application. filed in court before said date, or to criminal cases commenced upon complaint and appealed to the superior court before said date. Approved May 8, 1926.

AN ACT AUTHORIZING THE DIVISION OF HIGHWAYS TO DESIG- Chap.330

NATE CERTAIN STATE HIGHWAYS AS THROUGH WAYS AND

TO REGULATE TRAFFIC AT INTERSECTIONS OF SUCH THROUGH

WAYS WITH OTHER WAYS.

Be it enacted, etc., as follows:

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amended.

at intersecting

SECTION 1. Section eight of chapter eighty-nine of the G. L. 89, § 8, General Laws is hereby amended by striking out, in the first line, the word "Every" and inserting in place thereof the following: Except as provided in the following section, every, so as to read as follows: Section 8. Except Right of way as provided in the following section, every driver of a motor ways. or other vehicle approaching an intersecting way, as defined in section one of chapter ninety, shall grant the right of way, at the point of intersection to vehicles approaching from his right, provided that such vehicles are arriving at the point of Proviso. intersection at approximately the same instant; except that whenever traffic officers are standing at such intersection they shall have the right to regulate traffic thereat.

new section at

state highways

ways.

SECTION 2. Said chapter eighty-nine is hereby further G. L. 89, amended by adding at the end thereof the following new end thereof. section: Section 9. For the purposes of this section, the Designation division of highways of the department of public works of certain may from time to time designate certain state highways as as through through ways, and may after notice revoke any such designation. Every vehicle approaching on a through way the point of its intersection with a way other than a through way so as to arrive at such point at approximately the same instant as a vehicle approaching on such other way shall as with other against such other vehicle have the right of way, and every vehicle immediately before entering or crossing a through

Regulation of

traffic at intersections of such through ways

ways.

Proviso.

Warning signs and signals to

way at its point of intersection with another way shall first come to a full stop, provided that whenever a traffic officer is stationed at such point he shall have the right to regulate traffic thereat. No such designation of a through way shall be erected, etc. become effective as to regulation of traffic at such a point of intersection until the division shall have caused suitable warning signs and signals to be erected at or near such point. For the purposes of this section, a way joining a through way at an angle, whether or not it crosses the same, shall be deemed to intersect it, and the word "way", unless the context otherwise requires shall include a through or other way. Approved May 8, 1926.

Way joining through way at angle deemed to

intersect it, etc.

Chap.331 AN ACT TO ENABLE THE COUNTY COMMISSIONERS OF THE

Improvements to heating, light and

power plant at house of correction at Cambridge.

Middlesex county treasurer may borrow money, etc.

Middlesex County Building Improvement Loan, Act of 1926.

Submission

to Middle

sex county commissioners. Proviso.

COUNTY OF MIDDLESEX TO MAKE IMPROVEMENTS AT THE
HEATING, LIGHT AND POWER PLANT AT THE HOUSE OF COR-
RECTION AT CAMBRIDGE.

Be it enacted, etc., as follows:

SECTION 1. For the purpose of making improvements to the heating, light and power plant at the house of correction at Cambridge in the county of Middlesex, the county commissioners of said county may make additions, alter, remodel and equip said heating, light and power plant and do all things incidental to said purpose.

SECTION 2. For the purposes aforesaid, the county treasurer of said county, with the approval of the county commissioners, may borrow from time to time, on the credit of the county, such sums as may be necessary, not exceeding, in the aggregate, one hundred and seventy-five thousand dollars, and may issue bonds or notes of the county therefor, which shall bear on their face the words, Middlesex County Building Improvement Loan, Act of 1926. Each authorized issue shall constitute a separate loan, and such loans shall be payable in not more than five years from their dates. Such bonds or notes 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 upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. Indebtedness incurred under this act shall, except as herein provided, be subject to chapter thirty-five of the General Laws.

SECTION 3. This act shall take effect upon its acceptance by the county commissioners of the county of Middlesex; provided, that such acceptance occurs during the current Approved May 8, 1926.

year.

AN ACT AUTHORIZING THE COUNTY OF DUKES COUNTY TO Chap.332

BORROW MONEY FOR THE PURPOSE OF CONTRIBUTING TO

THE COST OF THE CONSTRUCTION OF A HIGHWAY BETWEEN
VINEYARD HAVEN AND EDGARTOWN.

Be it enacted, etc., as follows:

may borrow

cost of con

Haven and

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Highway Loan,

SECTION 1. For the purpose of contributing to the cost Dukes County of construction by the state department of public works of money for cona highway between Vineyard Haven and Edgartown, the tributing to county commissioners of the county of Dukes County may struction of highway befrom time to time borrow upon the credit of the county such tween Vineyard sums as may be necessary, not exceeding, in the aggregate, Edgartown. forty thousand dollars, and may issue bonds or notes of the county therefor, which shall bear on their face the words, Dukes County Highway Loan, Act of 1926. Each au- Dukes County thorized issue shall constitute a separate loan, and such Act of 1926. loans shall be payable in not more than five years from their dates. Such bonds or notes 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 upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. Indebtedness incurred hereunder shall, except as herein provided, be subject to chapter thirty-five of the General Laws.

county com

SECTION 2. This act shall take effect upon its acceptance Submission to by the county commissioners of the county of Dukes County; missioners of provided, that such acceptance occurs during the current Dukes County. year; but so much thereof as authorizes its acceptance shall take effect upon its passage.

Approved May 8, 1926.

Proviso.

AN ACT RELATIVE TO STATE REIMBURSEMENT TO CERTAIN Chap.333

TOWNS FROM THE INCOME TAX AND MASSACHUSETTS
SCHOOL Fund.

preamble.

Whereas, The deferred operation of this act would in part Emergency defeat its purpose in that its provisions would not be available for use in the current year, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted, etc., as follows:

SECTION 1. Chapter seventy of the General Laws, as G. L. 70, § 4. amended in section four by section two of chapter four etc., amended. hundred and twenty of the acts of nineteen hundred and twenty-one, is hereby further amended by striking out said section four and inserting in place thereof the following: -Section 4. Every town in which the proportionate Supplementary amount paid by such town of every million dollars of state bursement to tax as established by the last preceding valuation made for certain towns

state reim

for public

schools from income tax.

Supplementary reimbursement based on less than full time service.

Provisos.

G. L. 70,
§§ 11-14, etc.,
amended.

Definitions under laws as to school funds.

"Valuation."

the purpose of apportioning such tax, when divided by the net average membership of its public day schools as defined in section five for the year ending on the next preceding June thirtieth, yields a quotient less than ninety-five cents shall, for each person for whom it received reimbursement under section two, receive supplementary reimbursement as follows:

(1) Two hundred and fifty dollars if said quotient is less than sixty cents.

(2) Two hundred dollars if said quotient is less than sixtyfive cents but not less than sixty cents.

(3) One hundred and fifty dollars if said quotient is less than seventy cents but not less than sixty-five cents.

(4) One hundred and twenty-five dollars if said quotient is less than eighty cents but not less than seventy cents. (5) One hundred dollars if said quotient is less than eighty-five cents but not less than eighty cents.

(6) Fifty dollars if said quotient is less than ninety-five cents but not less than eighty-five cents.

For each person for whom any such town received proportionate reimbursement under section three it shall in each case receive as supplementary reimbursement the same proportion of the sums named herein for full time service.

Provided, that no town shall receive in any one year more than fifteen thousand dollars, and provided, further, that if the amount payable to any town in the year nineteen hundred and twenty-six under this section shall exceed the amount paid to such town in the year nineteen hundred and twenty-five by more than three hundred dollars, said town shall in nineteen hundred and twenty-six receive only the amount paid to it in nineteen hundred and twenty-five plus one half such excess; and if the amount payable to any town in the year nineteen hundred and twenty-six under this section shall be smaller than the amount paid to such town in nineteen hundred and twenty-five by more than three hundred dollars, said town shall in nineteen hundred and twenty-six receive the amount paid to it in nineteen hundred and twenty-five less one half of such difference.

SECTION 2. Said chapter seventy is hereby further amended by striking out section eleven, as amended by section three of chapter four hundred and twenty of the acts of nineteen hundred and twenty-one and by section one of chapter four hundred and seventy-two of the acts of nineteen hundred and twenty-three, and sections twelve and thirteen, and section fourteen, as amended by section one of chapter four hundred and fifty-five of the acts of nineteen hundred and twenty-four, and inserting in place thereof the following: Section 11. For the purposes of Part II of this chapter, the following word and phrase shall be defined as follows:

"Valuation" shall mean the town's valuation, as determined by the last preceding valuation made for the purpose of apportioning the state tax.

minimum."

"Assured minimum" shall mean the amount by which “Assured the sum of the following items for the last preceding town fiscal year exceeded the amount received by the town during said year under Part I and for the tuition of nonresident pupils, including state wards;

(1) Salaries paid to full time principals and teachers, not including any amounts by which any such salary was at a rate in excess of eleven hundred dollars.

(2) Two hundred and fifty dollars for each teaching position held by a full time principal or teacher.

(3) Expenditures for transportation of pupils to the local schools.

(4) Expenditures for the tuition in, and transportation to, public elementary schools in adjoining towns.

(5) In the case of towns having over five hundred families and exempted from the requirement of maintaining a four year high school, the actual expenditures made during that year for tuition in high schools in other towns.

In computing the "assured minimum", expenditures for Computation state-aided vocational or continuation schools or American- minimum ization classes shall not be included.

of "assured exclude, etc.

of certain

to

which propor

paid by such

Section 12. A town in which the proportionate amount Distribution paid by such town of every thousand dollars of state tax school funds as established by the last preceding valuation made for the to towns in purpose of apportioning such tax is eight cents or less shall tionate amount receive one half of its assured minimum if said minimum towns of every exceeds the sum that would have accrued therein from a thousand doltax of ten dollars per thousand dollars valuation. If said tax, etc., is minimum is less than the proceeds of such a tax, but more less, etc. than would have been the proceeds of a tax of five dollars per thousand, the town shall receive the amount by which said minimum exceeds the proceeds of such a five dollar

tax.

lars of state

eight cents or

of certain

which propor

lars of state

more than

Section 13. A town in which the proportionate amount Distribution paid by such town of every thousand dollars of state tax school funds as established by the last preceding valuation made for to towns in the purpose of apportioning such tax is more than eight tionate amount paid by such cents but not more than sixteen cents shall be allotted one towns of every third of its assured minimum if said minimum exceeds the thousand dolsum that would have accrued therein from a tax of seven tax, etc., is and one half dollars per thousand dollars valuation. If said eight cents minimum is less than the proceeds of such a tax, but more than sixteen than would have been the proceeds of a tax of five dollars cents, etc. per thousand, the town shall be allotted the amount by which said minimum exceeds the proceeds of such a five dollar tax. Said allotments shall be paid in full if their sum does not exceed the amount available after making the payments provided for by the preceding section, otherwise they shall be proportionally reduced and paid.

but not more

of certain

Section 14. A town in which the proportionate amount Distribution paid by such town of every thousand dollars of state tax as school funds established by the last preceding valuation made for the to towns in purpose of apportioning such tax is more than sixteen cents tionate amount

which propor

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