GYPSY AND BROWN-TAIL MOTHS
-Owner of Real Estate - De- struction of Eggs and Nests Expense Assessed Value of Lands Buildings
The word "lands" as used in St. 1905, c. 381, § 6, providing that where the owner or owners of real estate fail to destroy the eggs, pupæ or nests of the gypsy or brown-tail moths, the city or town within which such real estate is situated "shall, subject to the approval of said superintendent, destroy the same, and the amount actually expended thereon, not ex- ceeding one half of one per cent of the assessed valuation of said lands, shall be assessed
upon said lands," includes any buildings which may have been erected thereon.
struction of Moths Co-opera- tion with Private Individuals Supplies.
Under the provisions of St. 1905, c. 381, § 3, as amended by St. 1906, c. 268, § 1, and St. 1908, c. 591, § 1, providing that the superin- tendent for the suppression of the gypsy and brown-tail moth, among other things, "may act in co-operation with any person, persons, corporation or corporations, including other states, the United States or foreign govern- ments," and "may devise, use and require all other lawful means of suppressing or prevent- ing said moths," the State Forester, who succeeds to the powers of the superintendent for the suppression of the gypsy and brown- tail moth under the provisions of St. 1909, c. 263, when actually engaged in the work of destroying such moths in a given locality, may co-operate with adjacent landowners, who are carrying on work upon their own premises in conjunction with the public work, by furnish- ing them at cost supplies to be actually used in such work, or may authorize the local superintendent to furnish such supplies as his agent.
HEADS OF PRINCIPAL DEPART- MENTS.
Use for Commercial or Advertising Purposes.
See CONSTITUTIONAL LAW. 14.
Under the provisions of St. 1908, c. 484, § 3, which exempts, from the requirement pre- scribed by the statute of a certificate of registra- tion, citizens who are bona fide residents on land owned or leased by them, and on which they are actually domiciled, such land being used exclusively for agricultural purposes, a person who is resident in a city or town and not upon a farm, but who is the owner of a wood lot used for growing wood, is not exempt from registration. A farmer, however, who is actually resident upon land used exclusively for agricultural purposes, may hunt without registration in a wood lot which is a part of his farm.
INSANE PERSON Property in Pos- session of Officers of Institutions for Insane-Disposition-Com-
monwealth-Guardian - Public
The receipt of money belonging to public charges supported in institutions for the in- sane or in private families under the supervi- sion of the State Board of Insanity, by such Board or by the officers of such institutions, for safe keeping because such public charges are not competent to care for it, is not au- thorized by any provision of law.
Money so received may not legally be de- posited in a bank or trust company, with other funds, to the account of any State Board or institution for the insane.
Such money may not be applied by the Commonwealth to the payment of the expense of supporting any such public charge, during his lifetime, without the appointment of a guardian; it may, however, be received in payment for such support, upon an order by the insane person entitled thereto, given after his discharge from custody as unrecovered, although even in this case it is advisable that a guardian should be appointed.
Money left in the possession of the treasurers of the several State institutions for the insane by patients who were supported prior to Jan. 1, 1904, as town charges, and who died before that date, should be paid to the overseers of the poor of the places to which such patients were chargeable, if claimed by them on account of charges for the support of such patients; or, if no such claim is made, should be paid to the public administrator of the county in which the institution is situated. Money so retained which belonged to deceased patients who were supported as State charges may be covered into the treasury of the Common- wealth.
Petition to sell Real Estate Notice 252 Under the provisions of St. 1909, c. 504, $102, that upon a petition of a guardian for license to sell property of a spendthrift or of an insane person a license to sell shall not be granted to such guardian unless "s 'seven days' notice of the petition therefor has been given to the overseers of the poor of the city or town in which the spendthrift resides, or to the state board of insanity in the case of an insane per- ," such notice, in the case of an insane person, is to be given only to the State Board of Insanity.
R. L., c. 145, § 41, providing that a con- servator shall give bond as required of guardians of insane persons, and making all provisions of law relative to the management, sale or mortgage of the property of insane persons applicable to such conservator, is not repealed by St. 1909, c. 504, §§ 99-102, in- clusive, providing for the appointment of guardians for insane persons and spendthrifts, and is to be construed in connection with such statutes.
Under St. 1909, c. 504, § 44, providing for the temporary care, treatment and observation at the McLean Hospital of any person suffering from mental disease, "on the written applica- tion of his natural or legal guardian. together with the certificate of a physician qualified as provided in section thirty-two, that such temporary care is necessary by reason of mental disease," the physician must set forth, under oath, the same qualifications as those required under section 32.
The term "natural guardian," as used in section 44 of chapter 504 of the Statutes of 1909, includes the father, and, upon the death of the father, the mother until she remarries.
Liability of Commonwealth for Act of, released on Parole
See CONSTITUTIONAL LAW. 1.
INSPECTOR OF FACTORIES AND PUBLIC BUILDINGS — In- spection of Buildings - Plans — Establishment Accommoda-
tions for Ten or More Employees above Second Story.
See BUILDINGS. 2.
INSURANCE - Foreign Insurance Com- pany Tax upon Premiums - Reciprocal Legislation
A tax or excise assessed to a New York life insurance company upon all premiums charged or received upon contracts made by it in this Commonwealth, at a rate equal to the highest rate imposed during the preceding year by the State of New York upon Massachusetts life insurance companies doing business in New York, in accordance with the provisions of R. L., c. 14, § 28, is properly imposed upon such a company since chapter 118 of the laws of 1901 of the State of New York went into effect; and the tax or excise so assessed need not be reduced either because the New York statute has been held in that State not to be applicable to the receipt of premiums upon contracts entered into by a domestic company prior to the passage of the act, or because a New York insurance company doing business in this Commonwealth may be assessed upon a class of receipts which are possibly not as- sessed to Massachusetts companies doing busi- ness in New York, - especially since the going into effect of chapter 94 of the Acts of 1905 of the State of New York.
More Employees above Second
INSURANCE - Continued.
caused by the collision of such automobile with another object, or against liability for damage caused thereby to other property.
Rebate Commission on Policy
on Life of Officer or Agent of Company
47 R. L., c. 118, § 68, providing in part that no life insurance company doing business in this Commonwealth, nor any agent thereof, shall pay or allow, or offer to pay or allow as in- ducement to insurance, any rebate of premium payable on the policy, ." prohibits the allowance by any such company to its agent of any commission on the premium on a policy upon the life of such agent, or the allowance to an officer of such company of any rebate of or commission on the premium on a policy upon the life of such officer.
- Assessment Insurance Corporation - Change from As- sessment to Old Line Business Valuation of Policies
82 A foreign insurance company admitted to this Commonwealth under the provisions of St. 1890, c. 421, an act relating to assessment insurance, which transacted business therein under the provisions of such statute until June 9, 1899, when it was authorized to trans- act the business of old line life insurance and since such date has transacted such business, is entitled to have its policies valued and to have a reserve maintained thereon on the basis of renewable term insurance, in accordance with R. L., c. 118, § 11, cl. 4, par. 2.
- Investment of Funds Loans Mortgages. Under the provisions of St. 1907, c. 576, § 37, that the capital of any domestic insurance company other than life, and three-fourths of the reserve of any domestic stock or mutual life insurance company, shall be invested as therein prescribed, a domestic life insurance company may invest its funds in loans secured by assessable stock of any trust company or bank; or in loans secured by stock, bonds and other collateral, whether or not such col- lateral is designated in St. 1907, c. 576, § 37, clauses 1 to 5, inclusive; or in loans upon mortgages of real estate to an amount exceed- ing 60 per cent. of the fair market value of the property mortgaged at the time of such loan.
Officer or Director of Insurance Company-Investment of Funds 171 By R. L., c. 118, § 25, relating to domestic insurance companies, it is provided that "no officer of the company, and no member of a committee thereof, charged with the duty of investing its funds, shall borrow the same or be directly or indirectly liable for, or on account of, loans thereof to others;" and a director of such an insurance company who is also a mem- ber of the finance committee thereof violates such provision by renewing a mortgage loan or by giving a new loan to trustees of a real estate trust of which such director was both a trustee and a shareholder, the legal title to the trust estate being in the trustees and the equitable title thereto in such persons as are for the time being shareholders.
Corporation-Transaction of In- surance Business Place of Con- tract Jurisdiction.
A Massachusetts corporation maintaining a department store, which, in combination with certain other corporations, persons and co- partnerships within and beyond the Common- wealth, has given to a resident in the State of New York a power of attorney to make con- tracts of insurance in its behalf with each of such other corporations, persons and co-part- nerships in which all of the other corporations, persons and co-partnerships bear a proportion- ate and distinct liability, is transacting the business of insurance within the provisions of St. 1907, c. 576, § 3, which provides that contract of insurance is an agreement by which one party for a consideration promises to pay money or its equivalent or to do an act valuable to the assured upon the destruction, loss or injury of something in which the other party has an interest. If, however, such con- tracts are made in the State of New York, and no act in connection therewith is done within this Commonwealth, such corporation is not engaged in the business of insurance within the Commonwealth.
- Steam Boilers-Inspection by In- surance Companies - Certificate 585 Under the provisions of St. 1907, c. 465, § 17, as amended by St. 1912, c. 531, § 7, that "in- surance companies engaged in the business of inspecting and insuring steam boilers shall, after each internal and external inspection, if the boiler and its appendages conform to the rules formulated by the Board of Boiler Rules, and if they deem the boiler to be in safe working condition otherwise, issue a certificate of inspection . . .," it is the duty of an in- surance company making such inspection to issue a certificate upon each inspection without regard to the purpose for which such inspec- tion is made.
INTOXICATING LIQUORS Inn- holder-"Open" or "Public Bar" An "open" or "public bar" is a bar or counter kept and maintained principally if not exclusively for the sale of intoxicating liquors under any one of the first three classes of licenses enumerated in R. L., c. 100, § 18, to be drunk at such bar or counter when fur- nished, such bar or counter being open to the public, so that all persons not excepted by the provisions of R. L., c. 100, § 17, cl. 4, may have access thereto, and may obtain liquor for immediate consumption.
An innholder who maintains an inn or hotel may, under the laws of this Commonwealth, have upon his premises a bar which is not within the above definition an "open" or "public bar."
censed Premises 390 In R. L., c. 100, § 13, as amended by St. 1910, c. 476, § 1, providing in part that "in cities and towns which vote to authorize the sale of intoxicating liquors, the number of places licensed for the sale of such liquors shall not exceed one for each one thousand of the population," and that "Nowhere in the com- monwealth shall a fourth or fifth class license be granted to be exercised upon the same premises with a license of any of the first three classes" with certain exceptions therein stated, the words "licensed places" must be construed to mean places where a license is to be exercised, and such places are identical with licensed premises, except where two or more licenses are granted to the same person to be exercised upon the same premises.
A proposed bill providing that a licensed place "may consist of one or more rooms or premises adjoining but having no interior connection or means of communication with each other," would directly affect the provi- sions of R. L., c. 100, § 13, as amended by St. 1910, c. 476, § 1, for the reason that under its provisions a license of the fourth or fifth class might be exercised with a license of any of the first three classes at a single licensed place, although in a room or rooms physically separated from those in which was exercised any license of the first three classes.
Sale by Registered Pharmacist Certificate
See REGISTERED PHARMACIST. 2.
Vendor of Civil Service
See CIVIL SERVICE. 1.
Money received from Fees for grant- ing Licenses for the Sale of Maintenance of Independent In- dustrial Schools
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