LABOR- Hours of, in State Institutions ·

Teachers.

St. 1890, c. 375, does not prohibit the employ-
ment of labor in State institutions for more than
nine hours a day, if such labor is contracted for
and paid for by the hour.

A teacher is neither a laborer, workman nor
mechanic, within the meaning of the statute.

The words" laborers, workmen and mechanics"
are used in a technical and restricted sense in the
statute, and do not apply to persons having pow-
ers and duties of an official character, distinct from
ordinary employment or service.

. 10

LAND REGISTRATION ACT — Officers
of Court-Appointment.

The land registration act does not take effect in
any respect till October 1, 1898, and no appoint-
ments can be made thereunder till then.. 561

LAW LIBRARY ASSOCIATION — Fees of
Clerks of Courts — Naturalization Fees.
The county treasurer of Worcester County may
not pay to the County Law Library Association
either the fees received from clerks of courts or
those received in naturalization cases, but he is
authorized to pay, on account of county law
libraries, only a sum not exceeding two thousand
dollars, the amount named in Res. 1897, c. 40 438
LEASE- New York, New Haven & Hartford
Railroad Company - Old Colony Rail-
road Company - Corporation - Consoli-
Contract.

dation

-

Under authority of legislation in Connecticut,
and likewise in Massachusetts, the Hartford &
New Haven Railroad Company, a Connecticut
corporation, and the Hartford & Springfield Rail-
road Company, a Massachusetts corporation, be-
came united under the name of the Hartford &
New Haven Railroad Company. Subsequently,
under authority from both States, the latter com-
pany consolidated with the New York & New
Haven Railroad Company, a Connecticut cor-
poration, the consolidated body assuming the
name of the New York, New Haven & Hartford
Railroad Company. This company, under au-
thority from Connecticut, acquired the New
York, Providence & Boston Railroad Company,
a corporation whose tracks connected at Provi-
dence with the Boston & Providence Railroad
Company, the latter being leased to the Old
Colony Railroad Company.

The New York, New Haven & Hartford Rail-
road Company then procured a lease of the Old
Colony Railroad Company, the lease being made
under the provisions of a Massachusetts statute,

A

6. Exemption of Charitable Institutions.
Legacies to "literary, benevolent, charitable
and scientific institutions" incorporated in Massa-
chusetts are not subject to the legacy tax.
legacy to such an institution incorporated in
another State, and exempt from taxation there,
is subject to the legacy tax. Real estate in
another State or country not converted into per-
sonalty by the operation of the will is not "prop-
erty within the jurisdiction of the Common-
wealth."

Personal estate held in trust by a resident of
Massachusetts for the benefit of a resident of
another State for life, with a power or duty in the
trustee to thereafter dispose of it by his own will,
which he does, is subject to the legacy tax . 75
7.

Treasurer of Commonwealth.

It is not the duty of the Treasurer of the Com-
monwealth, under St. 1891, c. 425, to determine
whether, in the case of a bequest in trust for a
sister-in-law of the testator during life, with re-
mainder upon her death to nieces of the testator,

LEGACY TAX ACT - Continued.

it is proper for the executors to have the life estate
appraised and the amount of the tax thereon paid
by the sister-in-law, and this amount deducted
from the whole tax, the balance to be paid on the
remainder, but this question must be settled by
the court in accordance with the statute . 76
8.

Treasurer of Commonwealth.

The Treasurer of the Commonwealth has no
power to determine nor duty to advise in advance
upon the question whether a particular legacy is
subject to a legacy tax, or as to the amount of a
tax, or when it becomes payable, or any other
similar question
85

The Treasurer of the Commonwealth has no dis-
cretionary power to allow time for the payment
of taxes under the laws relating to collateral
legacy taxes. The time for payment is fixed by
the statute
268

10.

Retrospective Statute.

St. 1895, c. 307, exempting bequests not exceed-
ing $500 from taxation under the legacy tax act,
is not retrospective .

LEGISLATIVE AUTHORITY, EX-

HAUSTION OF Authority of
Town to issue New Notes in Substi-
tution for Old Ones

See MUNICIPAL INDEBTEDNESS and
STATUTE.

LEGISLATIVE COUNSEL

See LOBBY ACT. 1.

288

1418

LEGISLATURE-Travelling Expenses of
Members Constitutional Law.

An allowance to a member of the Legislature
of two dollars for every mile of ordinary travelling
distance from his place of abode to the place of the
sitting of the General Court is not in violation of
the fourth clause of art. 2, § 3, c. 1 of the Con-

stitution.

LEGISLATURE - Continued.

4.

LOCATION- Continued.

Member of- Contract in which State is

-

Payment.

interested
A contract made by the trustees of the Massa-
chusetts Hospital for Epileptics with a member of
the Legislature for the installation of a boiler and
other heating apparatus in the hospital subjects
the member to a fine, under Pub. Sts., c. 205, § 12,
is illegal, and the member cannot recover upon it
in an action at law; yet, the work under it having
been nearly completed before either party knew
of the provision of the statute forbidding the mem-
ber from making it, the trustees may waive the
right to insist upon the defence of illegality, and
pay to the contractor the amount they find equi-
tably due him on the contract.

State Agent - Province Lands

See PROVINCE LANDS.

Attempted Exercise of Judicial Power-
Constitutional Law

502

53

78

168

- Act authorizing taking of

Land for Free Public Library
stitutional Law

See EMINENT DOMAIN. 2.

-

Con-

74

412

485

LIQUOR - Corporation to buy and sell 304
See CORPORATION.

9.

3.

The State Board of Lunacy and Charity has no
authority to release upon probation a boy com-
mitted to the State Primary School

4.

. 226

Jurisdiction of Board to discharge Children.
The power to finally discharge a boy transferred
from the Lyman School to the State Primary School,
and thence by the trustees placed in charge of a per-
son outside the institution, is vested, since the pas-
sage of St. 1895, c. 428, in the same body that held
the power to discharge before such transfer was
made
. 273

Jurisdiction of Board of, to transfer In-
sane Paupers

See PAUPER. 3.

. 490

67

95

. 167

.

322, 528

-

MANUFACTURING — Typesetting in News-
paper Office-Employment of Women.
St. 1894, c. 508, § 12, prohibiting the employ-
ment of women in any capacity for the purpose
of manufacturing between ten o'clock at night
and six o'clock in the morning, does not prohibit
the employment of women during the night for the
purpose of setting type in a newspaper office 209
2. Foreign Corporation — Certificate of Con-
dition.

Barrett, Nephews & Co., a corporation organized
under the laws of New York for the purpose
of conducting and carrying on the business of
dyeing cotton, silk, woollen and other fabrics,
and all the business pertinent thereto and con-
nected therewith," having its factories in New
York and a usual place of business in this Com-
monwealth, is not a "manufacturing company
within the meaning of those words in St. 1891, c.
341, and is not exempt from filing its certificate
of condition under that statute
583

Addition of

47

573

See INSURANCE. 25.

MASSACHUSETTS HIGHWAY COM-

MISSION.

See STATE HIGHWAY COMMISSION.

MASSACHUSETTS HOSPITAL FOR
Charges

EPILEPTICS-Inmates

for Support.

-

Persons received into the hospital under St.
1895, c. 483, § 10, are "inmates" thereof, and
charges for their support may be collected in the
same manner as charges for the support of per-
sons committed thereto by the courts

515

Contract in which Commonwealth is
interested Member of Legislature. 502
See LEGISLATURE. 4.

The board of health of the town of Concord has
no authority to inspect or order changes in the
plumbing and drainage of that part of the Massa-
chusetts Reformatory within the walls, or in the
houses occupied by the superintendent or deputy
superintendent upon the front of the prison build-
ing, or in the unattached tenements belonging to
the reformatory and upon the land of the Com-
monwealth; nor has it authority to make regu-
lations concerning the keeping of swine by the
reformatory.

The board has the power, however, to order the
discontinuance of the transportation of swill
through the streets of the town.

The town of Concord has authority to demand
that the dogs belonging to the reformatory shall
be licensed
. 290

See CAPE COD SHIP CANAL.

MASSACHUSETTS STANDARD
POLICY - Explosion
See INSURANCE. 11, 13.
Modification

See INSURANCE. 12.

445

468

349

34, 431

. 104

540

2. Expenditure of Appropriation.

Two million dollars appropriated by St. 1893,
c. 407, St. 1894, c. 483, and St. 1895, c. 305, may
be expended by the Metropolitan Park Commis-
sion for any purpose for which it is authorized to
expend money: provided, that not over ninety per
cent. can be expended in acquiring land.

The appropriation of $300,000, made by St. 1894,
c. 509, can be expended only for parks on the
banks of the Charles River; although the sum
appropriated under the general appropriation may
still be expended upon this district, notwithstand-
ing the special appropriation

3.

.

286

Selectmen - Parkways - Street Railways
Locations.

When highways are taken by the Metropolitan
Park Commission for parkways, they acquire the
same control over them as over the lands of pri-
vate persons taken for the same purpose.

Neither the Metropolitan Park Commission nor
the selectmen of towns have any authority to
grant locations to street railway companies on
parkways or over the public parks
. 588

METROPOLITAN PARKS— Appropriations
for Park Purposes.

The Auditor of the Commonwealth is required,
under St. 1896, c. 550, to charge to the account of
the fund created by the metropolitan park loans
heretofore authorized such a sum as will be suffi-
cient to meet the interest and sinking fund re-
quirements up to and including the first day of
January, 1900, and also to charge to the said
account all amounts heretofore appropriated for
the care and maintenance of metropolitan parks.

He is not required under the said statute to set
apart any portion of the said fund for the future
care and maintenance of the said parks. . 360
2. Fines-Attorney-General.

It is not the duty of the Attorney-General to
advise clerks of courts, and those officers are not
bound by his opinion. The language of St. 1897,
c. 121, § 2, providing that "all fines recovered for
violations of law within the limits of the lands,
roadways or boulevards" under the care of the
Metropolitan Park Commission "shall be ac-
counted for and paid to the Treasurer and Re-
ceiver-General of the Commonwealth," is to be
construed as including only such fines as are
recovered for violation of the rules and regulations
made by the Park Commission under authority
of St. 1893, c. 407, § 4

. 595

Expense of System - Assessment upon
Cities and Towns Right to assess, for
Current Year, Amounts required in That
and Previous Years.

The amount which should have been assessed
in 1896 upon the cities and towns included in the
metropolitan sewerage district on account of the
expenses of the metropolitan sewerage system was
not assessed in that year, because the commission
appointed according to law to apportion the amount
of such assessments for the five years beginning in
1896 did not report until too late for such assess-
ment to be made.

It is both the right and the duty of the Auditor
of the Commonwealth to assess upon the cities
and towns included in the metropolitan sewerage
district, for the year 1897, the whole amount of
the assessments required for both the years 1896
and 1897
. 447

A man who enlisted in Massachusetts during
the war of the rebellion and was honorably dis-
charged is entitled to military aid under St. 1889,
c. 279, § 2, par. 3, notwithstanding that previ-
ously to his enlistment in Massachusetts he
had been dishonorably discharged from a Rhode
Island regiment
27