retirement have been in accordance with the rights and equities of those in interest. The retirement system shall be credited, in the account of its financial condition, with its investments having fixed maturities upon which the interest is not in default at amortized values, and its other investments at a reasonable valuation.

For the purposes aforesaid, the insurance commissioner or other person making examination shall have access to all the securities, books and papers of the retirement system, and may summon and administer oaths to and examine as witnesses the members of the board of retirement or any other person relative to the financial affairs, transactions and condition of the retirement system. The insurance commissioner shall preserve in a permanent form a full record of the proceedings at such examination, and the results thereof. Upon the completion of such examination, verification and valuation, the insurance commissioner shall make a report in writing of his findings to the board of retirement, and shall send a copy thereof to the city council or the board of selectmen.

SECTION 9. If, in the judgment of the insurance commissioner, the city or town or the board of retirement has violated or neglected to comply with any of the provisions of this act, or of the rules and regulations established by the board of retirement hereunder, he shall give notice thereof to the city or town and to the board of retirement, and thereafter if such violation or neglect continues, shall forthwith present the facts to the attorney-general for his action.

SECTION 10. The superior court shall have jurisdiction in equity upon petition of the insurance commissioner or any interested party to compel the observance and to restrain the violation of this act and of the rules and regulations established by the board of retirement hereunder.

SECTION 11. This act may be altered or amended from time to time, and all such alterations and amendments shall, upon their passage, become binding upon cities and towns which have previously accepted this act, and all contractual rights entered into by and between any city or town and the employees thereof under the provisions of this act shall be deemed to have been entered into subject to being subsequently affected by such alterations or amendments: provided, however, that no such alteration or amendment shall affect the rights of employees given by section six, (2) A, of this act with reference to deposits previously made.

SECTION 12. This act shall take effect upon its passage.

(The foregoing was laid before the Governor on the seventeenth day of April, 1911, and after five days it had "the force of a law", as prescribed by the Constitution, as it was not returned by him with his objections thereto within that time.)1

CHAPTER 339.

AN ACT RELATIVE TO PROCEEDINGS FOR PUNISHMENT FOR THE VIOLATION OF

INJUNCTIONS.

SECTION 1. The defendant in proceedings for violation of an injunction, where it appears from the petition filed in court alleging the violation, that the violation is an act which also would be a crime, shall have the right to trial by jury on the issue of fact only, as to whether he committed the acts alleged to constitute the said violation, and the said trial by jury shall take place forthwith, and if there is no sitting of a jury in the county where the contempt proceedings are to be heard, a venire shall issue to impanel a jury forthwith.

SECTION 2. The provisions of this act shall not apply to proceedings in the probate courts.

1 Chapter 619, Acts of 1910, was approved June 14, 1910.

SECTION 3. All acts and parts of acts inconsistent herewith are hereby repealed. SECTION 4. This act shall take effect upon its passage. [Approved April 26,

1911.

CHAPTER 413.

AN ACT RELATIVE TO A RETIREMENT FUND FOR LABORERS EMPLOYED BY THE CITY OF BOSTON.

SECTION 1. There shall be a retirement board for the laborers employed by the city of Boston, consisting of the mayor, the auditor and the treasurer of the city, who shall discharge the duties hereby imposed upon them without additional compensation.

SECTION 2. Any laborer employed by the city of Boston who has reached the age of sixty years and who has been in the service of the city for a period of not less than twenty-five years, and who is physically incapacitated, shall, at his request and with the approval of the retirement board above provided for, be retired from service, and shall receive for the remainder of his life an annual pension equal to one half of the compensation which he received during the last year of his service for the city. It shall be the duty of the said board so to retire any laborer in the service of the city who has reached the age of seventy years and has served the city for a period of not less than twenty-five years.

SECTION 3. This act shall take effect on the first day of March of the year following its acceptance by the city council of the city of Boston. May 8, 1911.

[Approved

CHAPTER 431.

AN ACT RELATIVE TO THE IMPOSITION AND COLLECTION OF FINES BY UNIONS OR OTHER ASSOCIATIONS.

SECTION 1. No fine or notice of intention to impose a fine by any union or any other association, incorporated or unincorporated, or by any authorized representative thereof, upon any member thereof, according to the rules thereof to which such member has agreed to conform, shall be held to be unlawful or coercive as to such member or as to any other person: provided, that such fine is reasonable in amount and is for a purpose which is legal.

SECTION 2. This act shall take effect upon its passage. [Approved May 13,

1911.

CHAPTER 443.

AN ACT RELATIVE TO THE PRACTICE OF MANICURING AND MASSAGE AND THE GIVING OF VAPOR BATHS.

SECTION 1. It shall be unlawful for any person to practise manicuring or. massage or to conduct an establishment for the giving of vapor baths for hire or reward or to advertise or hold himself out as being engaged in the business of manicuring, massage or the giving of said baths without receiving a license therefor from the board of health of the city or town in which the said occupation is to be carried on. The board of health may grant the license upon such terms and conditions, and may make such rules and regulations in regard to the carrying on of the occupation so licensed, as it may deem proper, and may revoke any license granted by it for such cause as it may deem sufficient, and without a hearing.

SECTION 2. Members of the police department of any city or town shall have the right to enter and inspect any premises in that city or town in which manicuring or massage or the giving of vapor baths is carried on by persons licensed as aforesaid.

SECTION 3. Whoever violates any provision of this act, or any rule or regulation made under authority hereof, or prevents or hinders any member of a police force from exercising the authority hereby conferred upon him shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. [Approved May 13,

1911.

CHAPTER 455.

AN ACT RELATIVE TO THE INSPECTION OF ELEVATORS.

[Amends Revised Laws, chapter 104, section 28.] Section 28. If an elevator which is used for freight or passengers is, in the judgment of the inspector of factories and public buildings, or of the inspector of buildings of a city or town, unsafe or dangerous to use or has not been constructed in the manner required by law, said inspector shall immediately post conspicuously upon the entrance to or door of the cab or car of such elevator a notice of its dangerous condition and shall prohibit its use until made safe to his satisfaction. No person shall, without authority from said inspector, remove such notice or operate such elevator while the notice is posted as aforesaid. The provisions of this section shall not apply to the city of Boston. [Approved May 18, 1911.

CHAPTER 471.

AN ACT TO CODIFY AND AMEND THE LAWS RELATING TO STATE-AIDED VOCATIONAL EDUCATION.

CONSTRUCTION.

SECTION 1. The following words and phrases as used in this act shall, unless a different meaning is plainly required by the context, have the following meanings:

1. "Vocational education" shall mean any education the controlling purpose of which is to fit for profitable employment.

2. "Industrial education" shall mean that form of vocational education which fits for the trades, crafts and manufacturing pursuits, including the occupations of girls and women carried on in workshops.

3. "Agricultural education" shall mean that form of vocational education which fits for the occupations connected with the tillage of the soil, the care of domestic animals, forestry and other wage-earning or productive work on the farm.

4. "Household arts education" shall mean that form of vocational education which fits for occupations connected with the household.

5. "Independent industrial, agricultural or household arts school" shall mean an organization of courses, pupils and teachers, under a distinctive management, approved by the board of education, designed to give either industrial, agricultural or household arts education as herein defined.

6. "Evening class" in an industrial, agricultural or household arts school shall mean a class giving such training as can be taken by persons already employed during the working day, and which, in order to be called vocational, must in its instruction deal with the subject-matter of the day employment, and be so carried on as to relate to the day employment.

7. "Part-time, or continuation, class" in an industrial, agricultural or household arts school shall mean a vocational class for persons giving a part of their working time to profitable employment, and receiving in the part-time school, instruction complementary to the practical work carried on in such employment. To give "a part of their working time" such persons must give a part of each day,

week or longer period to such part-time class during the period in which it is in session.

8. "Independent agricultural school" shall mean either an organization of courses, pupils and teachers, under a distinctive management designed to give agricultural education, as hereinafter provided for, or a separate agricultural department, offering in a high school, as elective work, training in the principles and practice of agriculture to an extent and of a character approved by the board of education as vocational.

9. "Independent household arts school" shall mean a vocational school designed to develop on a vocational basis the capacity for household work, such as cooking, household service and other occupations in the household.

STATE ADMINISTRATION AND SUPERVISION.

SECTION 2. The board of education is hereby authorized and directed to investigate and to aid in the introduction of industrial, agricultural and household arts education; to initiate and superintend the establishment and maintenance of schools for the aforesaid forms of education; and to supervise and approve such schools, as hereinafter provided. The board of education shall make a report annually to the general court, describing the condition and progress of industrial, agricultural and household arts education during the year, and making such recommendations as the board may deem advisable.

TYPES OF SCHOOLS.

SECTION 3. In order that instruction in the principles and the practice of the arts may go on together, independent industrial, agricultural and household arts schools may offer instruction in day, part-time and evening classes. Attendance upon such day or part-time classes shall be restricted to those over fourteen and under twenty-five years of age; and upon such evening classes, to those over seventeen years of age.

LOCAL ADMINISTRATION AND CONTROL.

SECTION 4. Any city or town may, through its school committee or through a board of trustees elected by the city or town to serve for a period of not more than five years and to be known as the local board of trustees for vocational education, establish and maintain independent industrial, agricultural and household arts schools.

SECTION 5. 1. Districts composed of cities or towns, or of cities and towns, may, through a board of trustees to be known as the district board of trustees for vocational education, establish and maintain independent industrial, agricultural or household arts schools. Such district board of trustees may consist of the chairman and two other members of the school committee of each of such cities and towns, to be appointed for the purpose by each of the respective school committees thereof; or any such city or town may elect three residents thereof to serve as its representatives on such district board of trustees. 2. Such a district board of trustees for vocational education may adopt for a period of one year or more a plan of organization, administration and support for the said schools, and the plan, if approved by the board of education, shall constitute a binding contract between the cities or towns which are, through the action of their respective representatives on the district board of trustees, made parties thereto, and shall not be altered or annulled except by vote of two thirds of the board, and the consent of the board of education to such alteration or annulment.

SECTION 6. Local and district boards of trustees for vocational education, administering approved industrial, agricultural or household arts schools, shall, under

a scheme to be approved by the board of education, appoint an advisory committee composed of members representing local trades, industries and occupations. It shall be the duty of the advisory committee to counsel with and advise the local or district board of trustees and other school officials having the management and supervision of such schools.

NON-RESIDENT PUPILS.

SECTION 7. 1. Any resident of any city or town in Massachusetts which does not maintain an approved independent industrial, agricultural or household arts school, offering the type of training which he desires, may make application for admission to such a school maintained by another city or town. The board of education, whose decision shall be final, may approve or disapprove such application. In making such a decision the board of education shall take into consideration the opportunities for free vocational training in the community in which the applicant resides; the financial status of the community; the age, sex, preparation, aptitude and previous record of the applicant; and all other relevant circumstances. 2. The city or town in which the person resides, who has been admitted as above provided, to an approved independent industrial, agricultural or household arts school maintained by another city or town, shall pay such tuition fee as may be fixed by the board of education; and the commonwealth shall reimburse such city or town, as provided for in this act. If any city or town neglects or refuses to pay for such tuition, it shall be liable therefor in an action of contract to the city or town, or cities and towns, maintaining the school which the pupil, with the approval of the said board, attended.

REIMBURSEMENT.

SECTION 8. Independent industrial, agricultural and household arts schools shall, so long as they are approved by the board of education as to organization, control, location, equipment, courses of study, qualifications of teachers, methods of instruction, conditions of admission, employment of pupils and expenditures of money, constitute approved local or district independent vocational schools. Cities and towns maintaining such approved local or district independent vocational schools shall receive reimbursement as provided in sections nine and ten of this act. SECTION 9. 1. The Commonwealth, in order to aid in the maintenance of approved local or district independent industrial and household arts schools and of independent agricultural schools consisting of other than agricultural departments in high schools, shall, as provided in this act, pay annually from the treasury to cities and towns maintaining such schools an amount equal to one half the sum to be known as the net maintenance sum. Such net maintenance sum shall consist of the total sum raised by local taxation and expended for the maintenance of such a school, less the amount, for the same period, of tuition claims, paid or unpaid, and receipts from the work of pupils or the sale of products.

2. Cities and towns maintaining approved local or district independent agricultural schools consisting only of agricultural departments in high schools shall be reimbursed by the Commonwealth, as provided in this act, only to the extent of two thirds of the salary paid to the instructors in such agricultural departments: provided, that the total amount of money expended by the Commonwealth in the reimbursement of such cities and towns for the salaries of such instructors for any given year shall not exceed ten thousand dollars.

3. Cities and towns that have paid claims for tuition in approved local or district independent vocational schools shall be reimbursed by the Commonwealth, as provided in this act, to the extent of one half the sums expended by such cities and towns in payment of such claims.