Enlistment-Evidence of Intention 170 A person actually living in a city within the Commonwealth, who has filed his primary dec- laration of intention to become a citizen of the United States, describing himself as a resident of such city, and who enlists therefrom, is prima facie a resident of this Commonwealth, and is entitled to the benefits of St. 1889, c. 561. The length of such residence is not material under the statute, except so far as it is confirm- atory evidence of the intention of the party.
See METROPOLITAN PARK COM-
Release of Prisoners- Reformatory
See MASSACHUSETTS REFORMA- TORY. 2.
For Protection of Water Supply-
Publication Board of Health See STATE BOARD OF HEALTH. 2. Of Chief of Cattle Bureau-Appro- val by Governor and Council See CATTLE BUREAU. 1.
Of State Board of Health-Effect on Stocking of Great Ponds used as Sources of Water Supply with Food Fish Commissioners on Fisheries and Game
See GREAT PONDS. 5.
Use and Control of Armories- Proper Military Purposes See MILITIA. 6.
For the Suppression and Destruction of Gypsy and Brown-tail Moths- Infested Cord Wood
See GYPSY AND BROWN-TAIL MOTHS. 3.
SALARY- Retired Justice of Supreme
It was not the intention of the Legislature to terminate, by St. 1899, c. 310, the salary of a re- tired justice of the Supreme Court, to which he was entitled by St. 1885, c. 162. The act of 1899 is to be taken as a continuance, and not as a repeal, of the older statute.
Such salary shall be certified as payable un- der the provisions of the statute of 1899.
Employee of Commonwealth - Ad- ditional Compensation
See EMPLOYEE OF COMMON.
Investments Bonds of Town of Danbury, Conn.
323 In determining whether or not bonds issued by the town of Danbury, Conn., may be a legal investment for Massachusetts savings banks, under the provisions of R. L., c. 113, § 26, which permits investments to be made in the bonds of any town in Connecticut whose net indebted- ness does not exceed three per cent. of the last preceding valuation of the property therein for the assessment of taxes, the Board of Commis- sioners of Savings Banks must be guided by the valuation of the town assessors, and not by that of the State Board of Equalization of Con- necticut, whose function under the laws of that State is simply to adjust the valuations among the several towns, so that the burden of the State tax may bear equally upon them.
A transaction by which a person borrows money of a savings bank upon his personal note, pledging as collateral therefor certain mortgage notes secured by real estate within the Com- monwealth, and assigned to such bank and duly recorded, the mortgagee still continuing to re- ceive the interest upon the mortgage notes, is not an investment in first mortgages of real estate within the meaning of R. L., c. 113, § 26, cl. 1, permitting savings banks to invest deposits and income in " 'first mortgages of real estate situated in this Commonwealth."
SAVINGS BANKS- Continued. 7. Legal Investments - Bonds of the Bangor & Aroostook Railroad Company
619 Consolidated refunding mortgage bonds of the Bangor & Aroostook Railroad Company, issued under a general refunding mortgage, which was a first mortgage as to a part of the road of such company, but was subject to prior outstanding mortgages as to the remainder, are not first mortgage bonds within the meaning of R. L., c. 113, § 26, par. third, cl. a, authorizing savings banks to invest in the first mortgage bonds of a railroad company incorporated in any of the New England states," under the conditions therein set forth; and such bonds are not a legal investment for savings banks in this Commonwealth.
Union of Towns to employ Superin- tendent Article in Town War- rant
An article in the warrant of a town, "to see if the town will vote to form a union with another town" for the purpose of employing a superintendent of schools," is sufficient to au- thorize the voters of that town to vote for such union, although St. 1898, c. 466, is not referred to in the article, especially as there is no other statute under which a union of towns for that purpose could be affected.
- Private School - Approval of State Board of Education- Tuition Westford Academy
See EDUCATION, STATE BOARD
Payment by Town of Tuition at Man- ual Training School Mechanic Arts High School of Springfield . 98 See HIGH SCHOOL. 1.
SCHOOL DISTRICT — Joint Committee of School Committees - Certifica- tion of Salary of Superintendent of Schools. 468
In a school district organized under the pro- visions of R. L., c. 42, § 43, the joint committee of school committees of the several towns form- ing such district, which is thereby authorized to act as agent of such towns, may certify to the several town treasurers the proper propor- tions of the salary of the superintendent of schools, without securing the approval of any other local board or authority.
SCHOOL FUND - Payment for Benefit
of Teachers It was not the intention of the Legislature that the payment for the benefit of teachers, provided for in St. 1896, c. 408, should be de- ducted from the half of the school fund set apart by St. 1891, c. 177, for the support of the public schools.
The amount required to carry out the pur- poses of the statute of 1896 is clearly included within the class of expenditures for "other educational purposes," to which the other half of such fund is appropriated.
SEALER OF WEIGHTS AND MEAS- URES- Public Weighing- form Weighing Machine Jars
A platform weighing machine, publicly placed for the purpose of allowing a person to ascertain his weight upon the payment of a fee, is not used for the purposes of commercial transactions, and is not within the provisions of Pub. Sts., c. 65, requiring weights, measures or balances for the purpose of selling goods, wares, merchandise or other commodities, or for public weighing, to be adjusted and sealed.
A sealer of weights and measures of a city or town has no authority to seal a milk bottle of a size not prescribed by St. 1901, c. 360.
SHELLFISH-Cultivation-City and
Town Authorities - Close Season
- Private Rights
The clause “provided, that no private rights are impaired," in St. 1904, c. 282, § 1, providing
that under certain conditions therein set forth "the mayor and aldermen of cities, and the selectmen of towns, when so authorized by their respective cities and towns, may declare from time to time a close season for shellfish . . . in such waters or flats within the limits of their respective cities and towns as they deem proper, and may plant and grow shellfish in such waters and flats: provided, that no private rights are impaired has reference to right of the littoral proprietor to exclude navigation by the erection of wharves or other structures extend- ing to the limit of private ownership; the right to interfere with public use by setting stakes or by keeping back the water by means of a dyke; and the right to fill such flats if duly licensed by the Board of Harbor and Land Commis- sioners, together with the permission in the nature of a right when granted, and not inci- dental to riparian ownership, to engage in the cultivation of shellfish as authorized by R. L., c. 91, §§ 104, 105.
SHERIFF-Supplies for Private Use-
SOUTH BAY – Land taken in See EMINENT Domain.
SECURITIES - Corporation - Valuation of Franchise for Taxation - De- ductions
Shade Trees, Designation of Public Tree Wardens
191 St. 1899, c. 330, a codification of the laws rel- ative to the preservation of shade trees, which makes it obligatory upon towns to elect a tree warden, supersedes the authority over such trees conferred by earlier statutes upon select- men or other town officers.
Since chapter 330 defines public shade trees as "all shade trees within the limits of any public way," it has the effect to relieve the Board of Agriculture from the obligation, im- posed by St. 1890, c. 196, to supply M spikes to towns for the purpose of designating such shade trees as are to be considered public shade trees.
Agent to investigate Gypsy Moth out- side Commonwealth See GYPSY MOTH.
The word "documents," as used in St. 1902, c. 438, § 2, extends to and includes a compila- tion by a State officer of laws relating to the department under his charge, and also a publi- cation by a State Board, containing certain information useful in the schools of the Com- monwealth; and such publications must be approved by the State Board of Publication.
2. Approval of Publication of Statistics 534 Statistics, or figures, specifically required by law to be set forth and published in the reports
St. 1898, c. 578, relieves street railway com- panies from the duty formerly imposed upon them of keeping in repair a portion of the streets in which their tracks are located, and the Commonwealth must bear all the expense of repairing State highways occupied by street railway tracks, although the towns in which highways are receive the tax in which the statute of 1898 imposes upon the street railway companies in substitution for the duty of keep- ing in repair a portion of the streets occupied by their tracks.
Street Railway, Alteration of Loca- tion-Expense
St. 1898, c. 578, §§ 16, 24, confer upon the Massachusetts Highway Commission authority to alter a location granted by the local authori- ties to a street railway company, before the street was taken as a State highway, and to assess the expense thereof upon the railway company, or upon the Commonwealth, or upon both. An assessment upon the Commonwealth must be paid out of the appropriation for the commission. No part of such expense can be assessed upon abutters.
Jurisdiction to alter a location granted after the street was taken for a State highway re- mains in the local authorities.
of Plans - Errors. The Massachusetts Highway Commission, after a State highway has been laid out and the required plans and certificates have been filed in the offices of the town and county clerks, have no authority to discontinue such highway or any part of it.
In general, however, mere clerical errors may at any time be corrected.
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