GYPSY AND BROWN-TAIL MOTHS

-Owner of Real Estate - De-
struction of Eggs and Nests
Expense Assessed Value of
Lands Buildings

252

34

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.

536

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.

See CIVIL SERVICE.

Use for Commercial or Advertising
Purposes.

See CONSTITUTIONAL LAW. 14.

383

149

417

414

Regulation

302

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.

2.

Guardian

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.

son,

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.

151

207

359

384

15.

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.

231

. 319

196

INSURANCE - Foreign Insurance Com-
pany Tax upon Premiums -
Reciprocal Legislation

441

19

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.

ment of District Police

tion and Ventilation

See BUILDINGS. 1.

More Employees above Second

Story

231

See BUILDINGS. 2.

INSURANCE - Continued.

caused by the collision of such automobile
with another object, or against liability for
damage caused thereby to other property.

3.

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.

5.

Foreign

- 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.

6.

- Secured

147

- 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.

INSURANCE - Continued.

7.

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.

8.

Corporation-Transaction of In-
surance Business Place of Con-
tract Jurisdiction.

-

222

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.

9.

- 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.

6

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

See SCHOOLS. 4.

50

. 105

315