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1z <br />October 4, 1963 <br />Mr. Charles H. McGrath, Esq. <br />28 Barnstable Road <br />Hyannis., Massachusetts <br />Dear Mr. McGrath: <br />I am writing you in your capacity as counsel for the Town of <br />Mashpee. This office has received copies of what is stated to be <br />"the following general by-law" adopted at the Special Town Meeting <br />held on August 29, 1963, lastfor approval by the Attorney General. <br />I presume you have a copy of -this available; but to save time, I <br />quote here Article 9: "To see if the Town will vote to accept <br />and insert in Town By-Lai,,Ts Chap- 737, <br />Acts of 1960, for the appoint- <br />ment of a gas piping and gas appliance Inspector in buildings whose <br />duty shall be to enforce rules and regulations adopted by the Board <br />established -under See. H of Chap. 25 <br />"Action: Article voted unanimously to be accepted as read." <br />The form of this bothers me considerably. If Chapter 737 is <br />available to you, you will note: One, that it is mandatory and <br />does not provide for acceptance by the town. Two, that it includes <br />a lot of things besides the requirement of Section 3 0 (letter 0 not <br />figure Yet, the by-law proposes simply to insert the whole <br />chapter into the town by-laws although not saying where. It seems <br />to me that it would have been far better forthe article to have <br />spelled out the language of the by-law itself with some numbering <br />to show where it comes in the by-laws. If adopted, it seems to <br />indicate only that the town is in favor of having a by-law of this <br />sort and not specifically what the by-law is. I am concerned as <br />to whether it should be disapproved as too vague and indefinite <br />to define with sufficient certainty what was intended. Do you <br />have any suggestions? it <br />Very my yours <br />CARTER LEE <br />Assistant Attorney General <br />CL/cb <br />