case is here on exceptions by the petitioner to the judge's ruling and to his refusal to rule as requested.

The sole question is whether the building is subject to a mechanic's lien. We do not think that it is. It has been decided that a schoolhouse held by a municipal corporation for public school purposes is not subject to a mechanic's lien, and the decision is said to be in accord with the almost unanimous current of decisions elsewhere: Lessard v. Revere, 171 Mass. 294, 50 N. E. 533; Staples v. Somerville, 176 Mass. 237, 242, 57 N. E. 380. The ground of decision in such cases is that the buildings are held for a public use, and it is against public policy, in the absence of express provisions to the contrary, that the instrumentalities for 81 carrying on the government should be the subject of seizure and sale for debt. It is true. that cities and towns are not required to maintain public libraries as they are schools and highways for instance. But it is plain, we think, that money appropriated for the erection and maintenance of a free public library is appropriated for a public use: Rev. Laws, c. 25, sec. 15; Kingman v. Brockton, 153 Mass. 255, 26 N. E. 998. Whether a use is public does not depend on whether it is compulsory, but on its nature and purpose: Tindley v. Salem, 137 Mass. 171, 50 Am. Rep. 289. Towns and cities derive no gain or profit from the establishment and maintenance of free public libraries any more than they do from that of free public schools. They are established solely for the general and common good, and we cannot doubt that they come within the same principle as instrumentalities of government that free public schools do.

Judgment for the respondent on the verdict.

The Mechanic's Lien Laws do not, in the absence of express provisions, apply to public buildings erected by states, counties, and towns for public use: Pittsburg Testing Laboratory v. Milwaukee Electric etc. Co., 110 Wis. 633, 86 N. W. 592, 84 Am. St. Rep. 948, and cases cited in the cross-reference thereto; monographic note to La Crosse etc. R. R. Co., v. Vanderpool, 78 Am. Dec. 696.

MINNS v. BILLINGS.

[183 Mass. 126, 66 N. E. 593.]

CHARITIES, Public-Funds for the Relief of Certain Societies.-Bequests to the trustees of the permanent fund of the Franklin Typographical Society and to a like fund for the sick and disabled members of the Teachers' Mutual Benefit Association, and also for the benefit of sick and disabled members of the Bank Officers' Association of the city of Boston are all bequests for public charities. (p. 422.)

CHARITIES, Public.-Bequests for the benefit of the Massachusetts Society for the Prevention of Cruelty to Animals, and for the benefit of the Animals' Rescue League of Boston are bequests for public charities. (p. 423.)

CHARITIES, Public.-A Bequest to the Proprietors of the Boston Athenaeum, a corporation established for the purpose of maintaining a valuable and extensive collection of such rare and valuable works, in ancient and foreign languages, as are not usually to be met with in our country, but which are deemed indispensable to those who would perfect themselves in the sciences, and for the purpose of forming a museum of natural and artificial curiosities and productions, scientifically arranged, is a bequest to a public charity. (p. 425.)

Suit in equity brought by the surviving executors of Robert C. Billings for instructions. The clause of the will under which the executors acted and in respect to which they asked for instructions was as follows:

"Whereas by said will I provided that 'any sums still remaining shall be disposed of by my executors, they using their best judgment and taste in doing so' now in order that said charitable trust may not fail for want of definiteness or any other cause I give all the rest, residue and remainder of my estate to 'my said executors and the survivors or survivor of them and to his successor in trust nevertheless to apply the whole or any part of the principal and income, in their discretion, to such charitable purposes as to them, or the survivors or survivor of them or any administrator with the will annexed shall seem proper and for the purpose I give to them the widest discretion and request that no surety shall be required on any bond from them, or either of them-and that they may take all the time they please in disposing of said residue. My executors and trustees may in their discretion continue any investment made by me and shall be responsible only for their willful' defaults."

By agreement of the parties, the bill and answers were reserved for determination by the full court.

Roland Gray, for the Boston Athenaeum.

H. G. Denny, for the Boston Library Society.

L. Cushing and H. D. McLellan, for the Animal Rescue League.

S. C. Darling, for the trustees of the Permanent Charity Fund of the Bank Officers' Association of the City of Boston. C. T. Gallagher, for the Franklin Typographical Society.

F. H. Nash, assistant attorney general, for the commonwealth.

127 KNOWLTON, C. J. The plaintiffs, surviving executors of the will of Robert C. Billings, late of Boston, deceased, have received, under the will and the seventh codicil, all the rest, residue and remainder of his estate after paying legacies, in trust to apply the whole or any part of the principal and income "to such charitable purposes" as to them may seem proper. They propose to apply various sums from the fund in their hands to one hundred and twenty-six different objects and purposes which are set out in this bill, and they ask the instructions of the court as to whether some of these objects and purposes are "charitable purposes" within the meaning of the will and codicil. They state their intention in most cases to make the gifts to the institutions mentioned as a permanent fund in each case, the income only to be used for the general purposes of the institution. The next of kin and the attorney general have filed answers, and the attorney general has filed a brief. Some of the proposed beneficiaries have asked and been permitted to file briefs as amici curia.

Only a few of the proposed gifts have been called in question by the attorney general. The next of kin in his answer merely joins in the prayer of the bill. The other proposed gifts have 128 not received so extended an examination by the court as would have been thought necessary if objection or question had been made in regard to them by any party interested. We shall not discuss them any further than to say that, upon the statements contained in the bill, we see nothing to show that they may not all be treated as gifts to public charities under the liberal doctrines established by recent decisions. of this court. We shall, therefore, assume that the particular facts in each case, taken in connection with the general facts

stated in the bill, are such as to warrant the executors in making these institutions beneficiaries. The first class of beneficiaries referred to in the brief of the attorney general comprises three incorporated mutual benefit associations, and the question was raised whether money given to these associations would be held for a charitable use. The decisions in Coe v. Washington Mills, 149 Mass. 543, 21 N. E. 966, Newcomb v. Boston Protective Department, 151 Mass. 215, 24 N. E. 39; Young Men's Protestant Temperance etc. Soc. v. Fall River, 160 Mass. 409, 36 N. E. 57 (see, also, In re Clark's Trust, 1 Ch. Div. 497; Burke v. Roper, 79 Ala. 138), mark the distinction between public charities and mutual benefit associations supported by contributions or assessments from their members, whereby the members become entitled to certain benefits in case of sickness or accident, as a personal right. But the application of the principles stated in these cases is not required in considering these proposed gifts, because of amendments to the bill made since the brief was filed. Number 78 of the proposed beneficiaries mentioned in the bill as amended is, "The trustees of the permanent fund of the Franklin Typographical Society, Boston, Massachusetts. Trustees of a permanent fund which is derived solely from gifts and bequests, and is provided for the purpose of paying a death benefit and giving charitable assistance to sick, disabled, or dependent members of the Franklin Typographical Society, Boston, Massachusetts, an incorporated mutual benefit association, their widows and orphans, and otherwise assisting needy persons in any way connected with the printing business, said fund being entirely within the control of its trustees, and solely applicable to such purposes." Number 76 is as follows: "The trustees of a permanent fund to be established for the purpose of giving charitable assistance to sick or disabled 129 members of the Boston Teachers' Mutual Benefit Association, Boston, Massachusetts, an incorporated mutual benefit association; said fund to be entirely within the control of its trustees, and solely applicable to such purposes." Number 77 is in similar terms, as follows: "The trustees of the permanent fund of the Bank Officers' Association of the city of Boston. Trustees of a permanent fund which is derived solely from gifts, bequests, honorary membership fees, and proceeds of entertainments, and is provided for the purpose of giving charitable assistance to sick or disabled members of the Bank Officers' Association of the city of Boston, an incorporated mutual benefit association, said fund be

ing entirely within the control of its trustees and solely applicable to such purposes." In each of these cases the proposed transfer is to trustees of a fund created and maintained by gifts, bequests and gratuities, to be entirely within the control of the trustees, for the purpose of rendering charitable assistance to sick and disabled persons who are members of these associations, respectively, and to be used for no other purpose. Each of these funds so held and used has all the qualities of a public charity, unless the fact that in two of the organizations its benefits are limited to members of the association makes it a private instead of a public charity. But the trustees hold the legal title and control the fund. Its benefits are for all the members of a class. The class, in reference to the individuals who will belong to it as the years go by, is indefinite. The charity is bestowed upon all needy persons who at any time are included in the class. It appears that the class in one case is open to all teachers in the public schools, in another to all printers, and in the third to all bank officers and bank clerks, in the city of Boston, who wish to be included in it. The class in each case is a large one. The relief of the necessities of all the members of one of these classes is an object so general and indefinite as to be deemed of common and public benefit, and so a public charity. That the money used comes from the bounty of the generous and is controlled by trustees acting as their representatives fulfills one of the usual requirements of a public charity. We are of opinion that these gifts come within the authority conferred upon the executors by the will and codicil: Saltonstall v. Sanders, 11 Allen, 446, 455; Washburn v. Sewall, 9 Met. 280; 180 Dexter v. Harvard College, 176 Mass. 192, 57 N. E. 371; Duke v. Fuller, 9 N. H. 536, 32 Am. Dec. 392; Pease v. Pattinson, 32 Ch. Div. 154.

The next class referred to in the attorney general's brief includes two corporations, "The Massachusetts Society for the Prevention of Cruelty to Animals" and "The Animal Rescue League of Boston." The objects of these institutions are indicated by their corporate names, respectively, and are stated more at length in the bill. In Bartlett, Petitioner, 163 Mass. 509, 40 N. W. 899, it was assumed, without discussion, that the first of these two corporations was a public charity, and the decisions in England in reference to objects like those of these two corporations are to the same effect: Obert v. Barrow, 35 Ch. Div. 472; Mitford v. Reynolds, 1 Phill. 185; University of London v. Yarrow, 1 De Gex & J. 72; Tatham v. Drummond,