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1905, 344, "AN ACT RELATIVE TO THE LODGING OF TRAMPS AND VAGRANTS BY CITIES AND TOWNS." [p. 349, infra.]

1906, 296, "AN ACT RELATIVE TO THE MAKING OF ANNUAL RETURNS BY CITIES AND TOWNS TO THE BUREAU OF STATISTICS OF LABOR." [p. 476, infra.]

See also, as to taking land by right of eminent domain, 1904, 317, 443; 1905, 390 [pp. 245-253, infra]; and statutes relating to automobiles and motor cycles. [pp. 261-275, infra.]

R. L. CHAPTER 26.

OF CITIES.

SECTION 2.

Cited. Crocker v. Buttrick, 187 Mass. 461.

SECTION 6.

Cited. New England Tel. & Tel. Co. v. Boston Terminal Co., 182 Mass. 397, 400.

SECTION 9.

Cited. Everett v. Fall River, 189 Mass. 513.

SECTION 14.

Action on bond. An action can be brought in the name of the city treasurer without obtaining authority from any public officer. Crocker v. Buttrick, 187 Mass. 461.

SECTION 19.

Cited. Cunningham v. Cambridge, 188 Mass. 556.

SECTION 22.

See 1906, 517, constituting eight hours a maximum day's work for public employees. [p. 463, infra.]

SECTION 25.

Discussed. White v. Gove, 183 Mass. 333, 336.

SECTION 26.

Discussed. White v. Gove, 183 Mass. 333, 336.

Constitutionality. See Stark v. Boston, 180 Mass. 293.

See also Ward v. Newton, 181 Mass. 432.

SECTION 27.

Discussed. White v. Gove, 183 Mass. 333, 336.

SECTION 39.

Discussed. Com. v. Rawson, 183 Mass. 491.

SECTION 40.

See 1906, 291, abolishing the board of police of Boston.

ADDITIONAL LEGISLATION.

AN ACT TO AUTHORIZE CITIES TO APPROPRIATE MONEY FOR MEMORIALS OF PERSONS
WHO SERVED IN THE SPANISH-AMERICAN WAR.

SEC. 1. Any city may by vote of its city council appropriate money for erecting headstones or other monuments at the graves of persons who served in the military or naval service of the United States in the Spanish-American war; for erecting monuments in memory of soldiers or sailors who died in the service of the United States in that war, and for keeping in repair or decorating the graves, monuments or other memorials of such soldiers or sailors. [Approved and in effect April 11, 1902.]

AN ACT TO PROVIDE FOR THE ELECTION IN CITIES OF OVERSEERS OF THE POOR FOR
TERMS OF THREE YEARS.

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the poor in certain cities, election, terms, etc.

1902, 444, § 1.

SEC. 1. In cities where the like provision is not now made by their Overseers of charters, overseers of the poor shall hereafter be elected for a term of not less than three years, in the following manner:- If the number fixed by the charter of the city is three the city shall at the municipal election next following the passage of this act elect one for the term of one year, one for the term of two years and one for the term of three years; if the number to be elected is five, it shall elect one for the term of one year, two for terms of two years and two for terms of three years; if the number to be elected is seven, it shall elect two for terms of one year, two for terms of two years and three for terms of three years; and at each municipal election thereafter it shall elect one, two or three overseers of the poor for the term of three years, as the term of office of one, two or three expires.

SEC. 2. This act shall take effect in any city to which it applies when accepted by the city council of that city; otherwise it shall not take effect. [Approved June 5, 1902.]

AN ACT RELATIVE TO THE TERMS OF OFFICE OF MUNICIPAL AUDITORS.

SEC. 1. After the passage of this act, and upon the expiration of the term for which any city auditor shall have been elected or appointed, and in every third year thereafter, there shall be elected or appointed in the manner required by the charters of their respective

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Term of office. 1905, 373, § 2.

Vacancies.

1905, 373, § 3.

Adoption by voters. 1905, 373, § 4.

Repeal.

1905, 373, 5.

cities, an auditor of accounts to hold office for three years from the date of his election or appointment.

SEC. 2. Every such auditor of accounts shall hold his office until the election or appointment and qualification of his successor, unless sooner removed in accordance with the existing provision for removal in the city charter under which such auditor has been elected or appointed, or in accordance with any general law.

SEC. 3. When a vacancy occurs in the office of auditor of accounts in any city, the person elected or appointed to fill such vacancy shall hold the office until the end of the unexpired term of the person last holding such office.

SEC. 4. This act shall be submitted to the voters of every city at the next municipal election, and upon its acceptance by a majority of the voters voting thereon in any city it shall take effect in that city.

SEC. 5. All acts and parts of acts inconsistent herewith are hereby repealed. [Approved May 5, 1905.]

See 1902, 109, "AN ACT TO ESTABLISH OLD HOME WEEK AND TO AUTHORIZE
ITS OBSERVANCE BY CITIES AND TOWNS." [p. 181, supra.]

1902, 437, "AN ACT TO PROVIDE ANNUITIES FOR THE WIDOWS AND MINOR
CHILDREN OF MEMBERS OF POLICE DEPARTMENTS OF CERTAIN CITIES."
[p. 486, infra.]

1903, 116, "AN ACT TO AUTHORIZE CITIES AND TOWNS TO APPROPRIATE

MONEY FOR MONUMENTS TO PERSONS WHO SERVED IN THE WAR. OF THE

AMERICAN REVOLUTION." [p. 180, supra.]

1903, 407," AN ACT RELATIVE TO RECOVERY FOR DAMAGES CAUSED BY WILD DEER." [p. 184, supra.]

1903, 459, "AN ACT TO AUTHORIZE THE LAYING OF PIPES AND CONDUITS FOR THE CONVEYANCE OF WATER IN CITIES AND TOWNS." [p. 182, supra.]

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1904, 322, "AN ACT TO PROVIDE FOR THE AUDITING OF CERTAIN TRUST
FUNDS AND ACCOUNTS." [p. 183, supra.]
1904, 349, AN ACT TO PROVIDE FOR THE PROTECTION OF PERSONS FUR-
NISHING MATERIALS OR LABOR FOR PUBLIC WORKS." [p. 182, supra.]
1905, 191, "AN ACT TO AUTHORIZE CITIES AND TOWNS TO ESTABLISH
MUNICIPAL BUILDING INSURANCE FUNDS." [p. 197, infra.]

1906, 296, "AN ACT RELATIVE TO THE MAKING OF ANNUAL RETURNS BY
CITIES AND TOWNS TO THE BUREAU OF STATISTICS OF LABOR." [p.
476, infra.]

1906, 306, "AN ACT TO PROVIDE FOR PUBLICITY AS TO THE EMPLOYMENT

OF CITY EMPLOYEES SUBJECT TO THE CIVIL SERVICE LAWS AND REGU

LATIONS." [p. 171, supra.]

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The repeal of R. L. c. 111, by 1906, 463, took away the powers of cities and towns to aid railroad corporations.

SECTIONS 6, 10.

See 1904, 153, authorizing counties, cities and towns to issue non-interest bearing notes at a discount. [p. 175, supra.]

SECTION 11. [Amended by 1903, 375, to read as follows]:
Debts incurred for supplying the inhabitants with water, for ac-
quiring land for public playgrounds 'and parks under the provisions
of chapter twenty-eight, for a municipal lighting plant under the
provisions of chapter thirty-four, or in constructing sewers, shall be
payable within thirty years; debts incurred in building school houses
and other public buildings and in procuring land therefor, within
twenty years; and all other debts mentioned in section eight, within
ten years, or by the city of Boston, within twenty years. [Approved
and in effect May 22, 1903.]

1. Words in italics inserted.

Time of pay

ment of munici

pal debts.

1903, 375.

SECTIONS 23-24.

The repeal of R. L. c. 111, by 1906, 463, took away the powers of cities and towns to aid railroad corporations.

ADDITIONAL LEGISLATION.

AN ACT TO AUTHORIZE CITIES AND TOWNS TO ESTABLISH MUNICIPAL BUILDING
INSURANCE FUNDS.

SEC. 1. Any city or town which accepts the provisions of this act may establish and maintain a municipal building insurance fund, from which any municipal buildings or other property damaged or destroyed by fire, lightning or otherwise, may be repaired, rebuilt or replaced by other buildings or property to be used in lieu thereof.

Municipal building

insurance fund.

1905, 191, § 1.

1905, 191, § 2.

SEC. 2. Any such city or town may raise money for the purposes Raising money. of this act, not exceeding in amount in any one year one twentieth of one per cent of its assessed valuation; but no money shall be raised for such purpose while the amount of the fund equals or exceeds one per cent of such valuation.

Administration of

fund.

1905, 191, § 3.

Acceptance by cities

and towns. 1905, 191, § 4.

SEC. 3. The fund established under this act by any city or town shall be managed and administered as provided in section fifteen of chapter twenty-seven of the Revised Laws, by the sinking fund commissioners thereof, if such there be, or by any municipal board of commissioners or trustees having charge of its trust or sinking funds; and if in any such city or town such commissioners or trustees have not been established sinking fund commissioners shall be elected in the manner provided in section fourteen of chapter twenty-seven of the Revised Laws.

SEC. 4. This act may be accepted by any city by a concurrent vote of both branches of the city council, and by any town by a majority of the voters present and voting thereon at a meeting duly called for that purpose. [Approved and in effect March 17, 1905.]

Constitutionality.

See Op. A. G. March 27, 1903; An. Rep. p. 15.

Park commissioners in certain towns, election, terms, etc. 1902, 544, § 7.

In certain cities, ap pointment, etc.

Vacancy, removal.

R. L. CHAPTER 28.

OF PUBLIC PARKS, PLAYGROUNDS AND THE PUBLIC DOMAIN.

SECTION 1. [Amended by 1902, 544, 87, to read as follows]:
A town in which, at a meeting called and notified at least seven
days in advance in the same manner as meetings for the election of
town officers, a majority of the voters, voting by ballot with the use of
the voting list, adopt the provisions of the first fourteen sections of
this chapter or have so adopted the corresponding provisions of earlier
laws, may elect a board of park commissioners, consisting of three
persons, and prescribe their terms of office; and the mayor of a
city which, at meetings to be held at one time in the usual voting
places of the city on such days as the board of aldermen, at a regular
meeting, shall designate, called in the same manner as meetings for
the election of city officers, accepts said provisions may, with the
approval of the city council, appoint a board of park commissioners
for said city, consisting of five persons, who shall hold office for terms
of one, two, three, four and five years respectively from the first Mon-
day in May next following such appointment, or until their success-
ors are appointed and qualified; and thereafter the mayor shall annu-
ally, before the first Monday in May, with like approval appoint one
such commissioner for a term of five years from said first Monday in
May. No selectman, member of the city council, clerk or treasurer
of such city or town shall be such commissioner. In cities a vacancy
in such board shall be filled in like manner for the residue of the
unexpired term. A commissioner may be removed by a vote of two
thirds of the voters of a town at a meeting called for the purpose, or

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