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ation, repair or removal of a building or structure which erection, alteration, repair or removal was actually begun prior to the recording of the mortgage. [Gen. Acts, 1915, c. 292, § 6, as am. by Gen. Acts, 1916, c. 306, § 4.]

§3.

529A. Fees for service of civil process.

Repealed by Gen. Acts, 1916, c. 306,

530. Further notice. . . All other parties in interest may appear and have their rights determined in such bill, and at any time before a final decree, upon the suggestion of any party in interest that any other person is or may be interested in the suit, or of its own motion, the court may issue a subpoena to such person, or a precept directing him to appear in said cause on or before a day certain or be forever barred from any rights thereunder. The court may in its discretion provide for notice to absent parties in interest. The terms "party in interest" and "person in interest", as used in this act, shall include mortgagees and attaching creditors. [Gen. Acts, 1915, c. 292, § 4, as am. by Gen. Acts, 1916, c. 306, § 3.]

542. Attachment prior to filing of statement. -The rights of an attaching creditor shall not prevail as against the lien for personal labor provided for in [Gen. Acts, 1915, c. 292, § 1], nor against the claim of a lienor where notice or notices of contract have been filed or recorded in the registry of deeds as provided in section two prior to the recording of the attachment. [Gen. Acts, 1915, c. 292, § 10, as am. by Gen. Acts, 1916, c. 306, § 5.]

6. WORKMEN'S COMPENSATION AND EMPLOYERS' LIABILITY.

WORKMEN'S COMPENSATION.

591. No compensation unless injury incapacitates for at least ten days. — No compensation shall be paid under [Workmen's Compensation Act] for any injury which does not incapacitate the employee for a period of at least ten days from earning full wages, but if incapacity extends beyond the period of ten days, compensation shall begin on the eleventh day after the injury. When compensation shall have begun, it shall not be discontinued except with the written assent of the employee or the approval of the board, or a member thereof: provided, however, that such compensation shall be paid in accordance with section ten of Part II of said chapter seven hundred and fifty-one, as amended by section five of chapter seven hundred and eight of the acts of the year nineteen hundred and fourteen, if the employee in fact earns wages at any time after the original agreement is filed.

This act shall take effect on the first day of January in the year nineteen hundred and seventeen. [Acts, 1911, c.751, Pt. II., § 4, as am. by Gen. Acts, 1916, c. 90, §§ 1, 2.] 619. Physicians; fees; reports of impartial physicians admissible as evidence. The industrial accident board or any member thereof may appoint a duly qualified impartial physician to examine the injured employee and to report. The fee for this service shall be five dollars and travelling expenses, but the board may allow additional reasonable amounts in extraordinary cases, and the association shall reimburse the board for the amount so paid. The report of the physician shall be admissible as evidence in any proceeding before the industrial accident board or a committee of arbitration, provided that the employee and insurer have seasonably been furnished with copies thereof. [Gen. Acts, 1916, c. 72, § 1.]

MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION.1

638A. Association may have all rights and powers of domestic mutual liability companies. — The Massachusetts Employees Insurance Association may with the approval of the insurance commissioner have and exercise, within or without the commonwealth, all of the rights, powers and privileges vested in or conferred upon domestic mutual liability companies under general laws, and shall be subject to all the laws now or hereafter in force relating to such companies. [Gen. Acts, 1916, c. 200, § 2.]

COMPENSATION FOR INJURIES TO PUBLIC EMPLOYEES.

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693. To whom workmen's compensation act shall not apply. The provisions of Acts, 1911, c. 751, and acts in amendment thereof and in addition thereto shall not apply to any persons in public employments other than laborers, workmen and mechanics employed by counties, cities, towns, or districts having the power of taxation. [Acts, 1913, c. 807, § 7, as am. by Gen. Acts, 1916, c. 307, § 1.]

7. PENSION AND RETIREMENT SYSTEMS.

EMPLOYEES OF THE COMMONWEALTH.

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697. Organization of retirement association. (a) Time for joining the association extended. Any person who has heretofore given notice in writing to the insurance commissioner that he did not wish to join the retirement association established by Acts, 1911, c. 532, in accordance with clause (1) of section three thereof, may become a member of the said association: provided, that he gives notice in writing to the insurance commissioner during the calendar year 1916 that he desires to become a member of the association. [Acts, 1913, c. 310, § 1, as am. by Gen. Acts, 1916, c. 164, § 1.]

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(b) Pension for prior service of such new members: how computed. The pension for prior service of any person becoming a member of the retirement association under the provisions of this act shall not be based upon or include any allowance for the period of time between the first day of June, nineteen hundred and twelve, and the date when such person becomes a member of the association. [Gen. Acts, 1916, c. 164, § 2.]

(For an act relative to the transfer of certain teachers employed in training schools maintained and controlled by the board of education from the retirement association for employees of the commonwealth to that for public school teachers, see under Public School Teachers, page 18.)

1 By Gen. Acts, 1916, c.c. 29 and 200 provision was made for the issuance by mutual liability companies of policies covering workmen's compensation.

OTHER EMPLOYEES OF THE COMMONWEALTH.

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707A. Retirement system for persons employed in the Prison Service of the Commonwealth. The board of prison commissioners or its lawful successor, may, with the approval of the governor and council, retire from active service and place upon a pension roll any officer of the state prison, of the Massachusetts reformatory, of the prison camp and hospital, of the state farm, of the reformatory for women, or of any jail or house of correction, or any person employed to instruct the prisoners in any prison or reformatory, as provided in R. L., c. 225, § 44, or any other employee of the state prison, the Massachusetts reformatory or the prison camp and hospital who began employment as such officer or instructor or employee on or before June 7, 1911, who has attained the age of sixty-five years or over and who has been employed in prison service in Massachusetts, with a good record, for not less than twenty years; or who, without fault of his own, has become permanently disabled by injuries sustained in the performance of his duty; or who has performed faithful prison service for not less than thirty years: provided, however, that no officer of the state farm shall so be retired except upon the recommendation of the trustees of that institution; and provided, further, that no officer of any jail or house of correction shall so be retired except upon the recommendation of the sheriff and county commissioners of the county, except in the county of Suffolk, where the recommendation as to the officers of the jail shall be made by the sheriff and the mayor of the city of Boston, and, as to the officers of the house of correction, by the penal institutions commissioner and the mayor of the city of Boston, and provided, that no such officer, instructor or employee shall be retired unless he began employment as such officer, instructor or employee on or before June 7, 1911. [Acts, 1908, c. 611, as last am. by Gen. Acts, 1916, c. 273.]

RETIREMENT SYSTEM FOR PUBLIC SCHOOL TEACHERS.1

CONSTRUCTION.

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

(6) "Regular interest" shall mean interest at the rate determined by the retirement board and shall be substantially that which is actually earned, which shall be compounded annually on the last day of December of each year.

[Acts, 1913, c. 832, § 1, as am. by Gen. Acts, 1916, c. 257, § 1.]

TEACHERS' RETIREMENT ASSOCIATION.

Retirement of teachers and other employees in training schools maintained under the direction of the board of education. (a) Teachers employed in certain training schools to be members of the teachers' retirement association. All persons employed as teachers in training schools maintained and controlled by the

1 See Acts 1913, c. 832.

board of education shall be considered as public school teachers for the purposes of Acts, 1913, c. 832, and acts in amendment thereof and in addition thereto, and such a teacher upon becoming a member of the Teachers' Retirement Association shall thereafter pay to the Teachers' Annuity Fund assessments based upon his total salary including the part paid by the commonwealth: provided, that the total assessments shall not exceed one hundred dollars in any one year. Such assessments shall be deducted in accordance with rules and regulations prescribed by the teachers' retirement board. Nothing herein contained shall apply to teachers regularly employed in the normal schools who devote some time to training school work, and are therefore subject to the provisions of Acts, 1911, c. 532, and acts in amendment thereof and in addition thereto. [Gen. Acts, 1916, c. 54, § 1.]

(b) Such persons' previous contributions to the retirement fund for employees of the commonwealth to be transferred. Teachers now members of the association established by Acts, 1911, c. 532, and acts in amendment thereof and in addition thereto, who, under the provisions of this act, become members of the retirement association established by Acts, 1913, c. 832, and acts in amendment thereof and in addition thereto, shall have the full amount of their contributions, together with such interest as shall have been earned thereon, transferred in the manner prescribed by Gen. Acts, 1915, c. 197. [Gen. Acts, 1916, c. 54, § 2.]

(c) Other employees of certain training schools to be members of the teachers' retirement association. - All other persons employed in the training schools maintained and controlled by the board of education in buildings owned by the commonwealth shall be considered employees of the commonwealth for the purposes of Acts, 1911, c. 532, and acts in amendment thereof and in addition thereto. All other persons employed in the training schools maintained and controlled by the board of education in buildings not owned by the commonwealth shall not be considered employees of the commonwealth for the purposes of said act. [Gen. Acts, 1916, c. 54, § 3.]

(d) When to take effect. — This act shall take effect on July 1, 1916. [Gen. Acts, 1916, c. 54, § 4.1

STATE TEACHERS' RETIREMENT BOARD.

The board directed to investigate the subject of a disability retirement allowance for public school teachers. Resolved, That the teachers' retirement board is hereby directed to investigate the subject of providing for the retirement of public school teachers in cases of permanent disability. The board is authorized to expend for this purpose a sum not exceeding one hundred dollars, and is directed to report the results of its investigation to the next general court, with such recommendations as it may deem expedient, not later than the fifteenth day of January. [Res., 1916, c. 152.]

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... (5) Any teacher who shall have become a member of the retirement association under the provisions of paragraph numbered (2) of section three, and who shall have served fifteen years or more in the public schools of the commonwealth, not less than five of which shall immediately precede retirement, shall, on retiring as provided in paragraphs (1) and (2) of this section, be entitled to receive a retirement allowance as

follows: (a) such annuity and pension as may be due under the provisions of paragraphs numbered (3) and (4) of this section; (b) an additional pension to such an amount that the sum of this additional pension and the pension provided in paragraph (4) of this section shall equal the pension to which he would have been entitled under the provisions of this act if he had paid thirty assessments on his average yearly wage for the fifteen years preceding his retirement and at the rate in effect at the time of his retirement: provided, (1) that if his term of service in the commonwealth shall have been over thirty years the thirty assessments shall be reckoned as having begun at the time of his entering service and as drawing three per cent interest compounded annually until the time of retirement; and further provided, (2) that if the sum of such additional pension together with the annuity and pension provided for by paragraphs numbered (3) and (4) of this section is less than three hundred dollars in any one year, an additional sum sufficient to make an annual retirement allowance of three hundred dollars shall be paid from the pension fund. [Gen. Acts, 1916, c. 257, § 2.]

WITHDRAWAL AND REINSTATEMENT.

SECTION 7.

(2) If such withdrawal shall take place before six annual assessments have been paid, the total amount to which such member is entitled as determined by the retirement board under the provisions of this act may be paid to him in one sum. [Gen. Acts, 1916, c. 60, § 1.]

(3) If such withdrawal shall take place after six annual assessments have been paid the amount so refunded shall be in the form of such annuity for life based on the contributions of such member, together with regular interest thereon, as may be determined by the retirement board according to its annuity tables, or in four annual instalments, as such member may elect. [Gen. Acts, 1916, c. 60, § 2.]

(6) If a member of the retirement association shall die before retirement, the full amount of his contributions to the annuity fund with regular interest to the day of his death shall be paid to his legal representatives; if, however, there is no executor or administrator of the estate of such deceased member, all sums due under this paragraph, not exceeding one hundred dollars in any one case, may be paid to such person or persons as appear in the judgment of the retirement board to be entitled to the proceeds of the estate, and such payment shall be a bar to recovery by any other person. [Gen. Acts, 1916, c. 238, § 1.]

COUNTIES.

-No person

718. Certain pensioners not to be paid for future services. who now or hereafter receives a pension or an annuity from any city or town or any county, excepting teachers who are now receiving annuities not exceeding the sum of one hundred and eighty dollars per annum, shall be paid for any service, except service as

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