7.

80

Settlement- Married Woman-
Derivative Settlement of Son
A woman whose husband died in January,
1874, without ever having gained a settlement
in Massachusetts lived in Boston from that
time until her death, in 1889. She therefore
gained a settlement in her own right, in Janu-
ary, 1879, which was not affected by the retro-
active provisions of St. 1879, c. 242. Her son
became of age before she gained a settlement,
and therefore did not derive one from her, and,
since he has never gained one in his own right,
he is an unsettled person.

Domicile-Set-

tlement, derived by Marriage

158
In Pub. Sts., c. 83, § 1, cl. 7, which provides
that only such married women as have not a
settlement" derived by marriage may gain a
settlement by residence, the words "derived
by marriage" signify an existing marriage.

Therefore, a married woman settled under a
previous marriage, which has been terminated
by the death of the husband, is not prevented
from acquiring a new settlement by residence.
Where a wife, deserted by her husband, re-
mains for a period of more than twenty years
where their joint domicile had been, she will
not be debarred from gaining a settlement by
the fact that he has had no settled place of resi-
dence since the time of such desertion.

10.

Settlement-Repeal of Statute.

Effect on Liability of City or Town 180
A settlement gained under Gen. Sts., c. 69,
§ 1, cl. 5, and completed before the enactment
of the repealing statute, which expressly saves
"all acts done or rights accruing" before the
repeal takes effect, is not lost or affected by
such repeal.

If by reason of a settlement a city or town
has become liable for the support of a pauper,
such liability is not taken away, nor is the right
of another city or town, or of the Common-

12.

-

228

Insane Person - Transfer to State
Almshouse - Notice
Where an insane person, who has been duly
committed to and is a legal inmate of an insane
hospital, is transferred by the State Board of
Charity, by authority of St. 1888, c. 69, to the
insane ward of the State Almshouse, notice of
such transfer to the town liable for his support
is not required.

Nor is the father of such person pauperized
by his detention in the State Almshouse, his
status being that of an insane person, and not
that of a pauper.

PAUPER- Continued.

therein, but also the payment thereof, must be
made within a period of five consecutive years.

17.

Military Settlement - Desertion . 390
A person is not debarred from gaining a
settlement under the provisions of R. L., c. 80,
§ 1, cl. 10, by reason of the fact that he absented
himself from his command, and was thereafter
found serving with other troops and was re-
turned to his original regiment, where he re-
mained until honorably discharged from the
service of the United States, there being no
evidence that such person was ever proved
guilty of desertion.

19.

Disease Dangerous to Public
Health-Removal to State Hospi-
tal-Expenses of Transportation. 499
The State Board of Charity is authorized, by
R. L., c. 85, § 14, to direct the local authorities
to remove to the State Hospital a State pauper
found within the limits of their jurisdiction
who is afflicted with the disease of leprosy;
and in case such removal is ordered, the ex-
pense of transportation must in the first in-
stance be borne by the town, which is entitled
to subsequent reimbursement from the Com-
monwealth "for the excess over thirty miles
by the usual route, at a rate not exceeding
three cents a mile," in accordance with the
provisions of R. L., c. 85, § 9.

The Attorney-General has authority to file an
information where the application for the filing
of such information alleges that the respondent
was unlawfully appointed to a public office,
and holds it in violation of law.

It is not necessary that the Attorney-General
should be satisfied that the information which
he is called upon to sign can be maintained, if
the questions raised by it are doubtful, and the
matter is one of public importance which can-
not otherwise be determined.

When at a first meeting of the members-elect
of the common council of the city of Boston
the senior member took the chair, and, after
calling the council to order, entertained and
declared carried a motion to adjourn, and im-
mediately left the chair, refusing to entertain
a doubt of the vote, expressed by one of the
members, the rights of the members-elect were
not concluded by such adjournment, and they
might select some other person to take the
chair, and proceed with the organization of the
council.

When a presiding officer of the common
council is elected under proceedings of doubt-
ful validity, the records of which, duly made
and signed by the clerk, are approved at a sub-
sequent meeting, such approval is a ratification
of whatever irregularities existed in the origi-
nal election, notwithstanding the fact that such
record was not read, and that the clerk was a
de facto official, holding over from the previous
year.

The acts of a de facto clerk have all the force
of those of a clerk de jure until they are di-
rectly impeached by a proceeding brought to
test the legality of his office.

Quo Warranto- Attorney-General
See ATTORNEY-GENERAL. 7.

Election Officers-Misconduct - Elec-
tion Precinct-Quo Warranto-
Attorney-General.

632

-

649

See AUSTRALIAN BALLOT LAW. 7.

PUBLICATION, STATE BOARD OF.
See STATE BOARD OF PUBLICA-

TION.

QUO WARRANTO-Information in
Equity-Right to take Fish from
the Sea-Penal Statute-At-
torney-General

See ATTORNEY-GENERAL. 6.

Public Officer-Police Commissioner
of Boston-Attorney-General
See ATTORNEY-GENERAL. 7.

631

632

City Council - Organization - Rati-
fication of Irregularities Acts of De
Facto Official-Attorney-General 635
See PUBLIC OFFICERS.

646

4.

649

A person who presents himself as a candi-
date for examination for registration as a phar-
macist is not necessarily debarred therefrom
because he is unable to speak, read or write the
English language.

5.

420

402

167

227

Suspension of License or Certificate
of Registration Conviction . 482
The Board of Registration in Pharmacy,
under R. L., c. 76, § 17, which provides in part
that "the license or certificate of registration
of a registered pharmacist shall not be sus-
pended for a cause punishable by law until
after his conviction by a court of competent
jurisdiction," may suspend the certificate of
registration or license of a registered pharmacist
who has been duly found guilty of the illegal
sale of intoxicating liquors and sentenced to pay
a fine therefor, and who has paid such fine,
notwithstanding the fact that exceptions thereto
have been filed and allowed, and are still pend-
ing for argument before the Supreme Judicial
Court.

88

6.

38

86

97

The Board of Registration in Pharmacy is
not required to examine an applicant for a cer-
ficate as a pharmacist, if it has revoked a license
formerly issued to him.

R. L., c. 100, § 22, providing that a regis-
tered pharmacist who owns stock of the actual
value of at least five hundred dollars in a cor-
poration which has been incorporated for the
purpose of carrying on the drug business, and
who conducts in person the business of a store
of such corporation, shall be considered as
actively engaged in business on his own ac-
count, and as qualified to receive a license for
such store," is not applicable to a copartnership.
R. L., c. 100, §§ 49, 50, regulating the trans-
portation of "spirituous or intoxicating liquor,"
extend to and include alcohol.