for the Use of the Charles River The Metropolitan Park Commission may, regardless of the ownership of the soil beneath the stream, enact and enforce rules and regula- tions governing the public use of the Charles River at any point within the metropolitan parks district, provided that such rules and regulations are not repugnant to the power of Congress to regulate commerce, and are not in conflict with the authority to supervise tide waters, vested by R. L., c. 96, § 8, in the Board of Harbor and Land Commissioners.
Rules and Regulations Road- ways- Violation of Rules and Regulations-Arrest - Warrant 96 The authority of the Metropolitan Park Commission, under St. 1893, c. 407, § 4, and St. 1894, c. 288, § 3, to make rules and regula- tions for the government and use of open spaces, lands, rights and easements or interests in land, is the same whether such lands or rights, easements or interests in land to which such rules are applicable were acquired and are controlled by such commission under St. 1893, c. 407, § 6, or St. 1896, c. 465, § 2.
The term "roadways," as used in St. 1894, c. 288, § 3, includes roadways under the care of the Metropolitan Park Commission, con- structed upon lands acquired under St. 1893, c. 407, §§ 4 and 6.
A police officer appointed by the Metropoli- tan Park Commission may arrest without war- rant any person who violates in his presence any rule or regulation duly made by such commission by authority of St. 1894, c. 288; and may arrest without warrant any person who violates in his presence any rule or regula- tion duly made by such commission by au- thority of St. 1903, c. 407, whenever such violation involves acts which are in fact breaches of the public peace.
- Rules and Regulations for Govern- ment of Police Force Punish- ment of Breach of Regulations by Forfeiture of Pay- Transfer Civil Service Veteran
Waiver by Officer of Benefit of Civil Service Rules
The Metropolitan Park Commission under existing provisions of law has authority to establish rules for the government of its police force, and under such rules to punish a police officer, who has committed an offense, by a forfeiture of pay for a period not exceeding thirty days; or to transfer a police officer who is a veteran from a reservation or parkway in one city or town to a reservation or parkway in another city or town within the jurisdiction of such commission.
The authority of the Metropolitan Park Commission in the premises is not limited by St. 1904, c. 314, § 1, which provides that persons holding office or employment in the
METROPOLITAN PARK COMMIS- SION Continued.
public service of the Commonwealth, classified under the civil service rules, "shall hold such office or employment and shall not be removed therefrom, lowered in rank or compensation, or suspended, or, without his consent, trans- ferred from such office or employment to any other except for just cause and for reasons specifically given in writing;" or by St. 1905, c. 150, § 1, and R. L., c. 19, § 23, which extends a like protection to veterans in the public service of the Commonwealth.
An agreement signed by a police officer upon entering the service of the Metropolitan Park Commission, to the effect that he will obey and be bound by such rules and regulations as are or may be from time to time adopted by such commission, would not constitute a waiver by such officer of any rights under the statutes above quoted; and such agreement is material only as evidence that at the time of entering the service of such commission the subscriber was aware of the rules and regulations then in force.
Charles River Basin Canal deepen
The Metropolitan Park Commission, under the provisions of St. 1903, c. 465, which in section 4 required the Charles River Basin Commission to "dredge navigable channels in the basin" and to "dredge Lechmere canal to such depths as will afford to and at the wharves thereon not less than seventeen feet of water up to and including Sawyer's lumber wharf, and not less than thirteen feet of water from said wharf to the head of the canal at Bent street," and of St. 1909, c. 524, § 1, by which such commission succeeded to "all the powers, rights, duties and liabilities" of the Charles River Basin Commission, has authority to widen a part of Lechmere Canal, to reinforce the adjoining land by piling and to dredge the part of the canal so widened to the depth prescribed in said chapter 465.
MILITIA - Armories Use for Public Purposes Rallies of Political Parties and Meetings for the Discussion of Public Questions . 344 Under the provision of St. 1908, c. 604, § 140, that "armories shall not be used except by the organized militia for such mili- tary purpose or purposes incidental thereto as may be designated by the commander-in- chief: provided, however, that the commander- in-chief, upon terms and conditions to be prescribed by him and upon an application approved by the military custodian of an armory may allow the temporary use of such armory for public purposes," an armory may be used for rallies of political parties or meetings for the discussion of questions of public policy which are of interest or benefit to the community at large.
2. - Armory Commission Construc- tion of Armories The duty of the armory commission, under the provision of St. 1908, c. 604, § 133, as amended by St. 1909, c. 323, § 1, that "if in their judgment the needs of the service demand it, subject to the approval of the commander-in-chief, shall construct ar- mories, not exceeding three yearly, until the volunteer militia shall be provided with ade- quate quarters," is to construct armories until the volunteer militia are provided with ade- quate quarters, subject to the limitation that there shall not be under construction in any one year more than three such armories.
"NATURAL GUARDIAN " See INSANE PERSON. 3.
Textile Goods .
See TEXTILE GOODS.
NEW YORK, NEW HAVEN & HART- FORD RAILROAD COM- PANY Street Railway Corpo- ration Ownership and Con- trol of Springfield Street Railway Company Supreme Judicial Court Decree Compliance 471 The action of the New York, New Haven & Hartford Railroad Company in divesting itself of all interest in or control over the New England Investment and Security Company, which, through the instrumentality of the Springfield Railway Companies, owned and controlled the Springfield Street Railway Company, and by placing the stock of such street railway company in the ownership and control of the New England Investment and Security Company, whose trustees and officers are not connected as officers or directors with the New York, New Haven & Hartford Rail- road Company and have entered into no agreement, trust or other undertaking with said company, with respect to their acts as officers or trustees of the New England In- vestment and Security Company, if performed in good faith, constitutes a compliance with the decree of the Supreme Judicial Court dated June 23, 1908, which enjoined the New York, New Haven & Hartford Railroad Com- pany from subscribing for or taking or holding, directly or indirectly, the stock of the Spring- field Street Railway Company, and from as- suming or exercising the franchise or privilege of subscribing for, taking or holding the stock of such corporation.
NOTICE - Of Intention of Marriage — Entry Certificate.
Term of, of Adjutant General Constitutional Law.
See ADJUTANT GENERAL.
OFFICER - Of Insurance Company Commission on Policy on Life
Civil Service - Exemption
Under the provision of R. L., c. 151, § 16, as amended by St. 1911, c. 736, § 1, that "persons who intend to be joined in marriage in this commonwealth shall, not less than five days before their marriage, cause notice of their intention to be entered in the office of the clerk or registrar of the city or town in which they respectively dwell, or, if they do not dwell within the commonwealth, in the office of the clerk or registrar of the city or town in which they propose to have the marriage solemnized," and the provision of R. L., c. 151, § 53, as amended by St. 1911, c. 736, § 2, that "after the expiration of five days from the date of the entry of such intention the clerk or registrar shall deliver to the parties a certificate.
Derivative Settlement tive Statute
A pauper born in 1830 who derived a settle- ment from his father in 1843, which became fixed when such pauper became of age, had ac- quired a settlement before the first day of May, 1860, and such settlement was there- fore defeated and lost by the retroactive pro- vision of R. L., c. 80, § 6, notwithstanding the fact that the settlement of the father came within the exception contained in such statute, and was not defeated thereby.
Assessment of Taxes 114 Under the provisions of R. L., c. 80, § 1, cl. 5, providing that "A person of the age of twenty-one years who resides in any place within this Commonwealth for five consecutive years and within that time pays all state, county, city or town taxes duly assessed on his poll or estate for any three years within that time shall thereby acquire a settlement in such place," it is necessary not only that the required taxes should be paid but also that the assessments thereof should be made within such period.
· Contagious Diseases-Quarantine Temporary Aid to Unsettled Paupers Cities and Towns - Board of Health Overseers of the Poor 137 If the family of an unsettled person suffering from contagious disease dangerous to the public health, but not quarantined, is aided for the reason that such family are unable to maintain themselves, and are, therefore, a charge to the city or town where they are domiciled, such aid should be rendered by the overseers of the poor under the provisions of R. L., c. 81, § 21, the temporary aid law, so called, and subject to the restrictions therein contained.
If the board of health of such city or town expends money for the support of the family of a person infected with a contagious disease, and therefore quarantined with his family, such expense is incurred for the preservation of the public health, and cannot be recovered either from the city or town where such persons are settled, or from the Commonwealth if such persons have no settlement.
In neither of the above cases does aid so rendered pauperize the persons aided.
State Pauper -- Aid rendered in Place of Settlement of Wife- City or Town Reimbursement by Commonwealth Notice Where a town seeks reimbursement under the provision of R. L., c. 85, § 16, that "if a state pauper has a wife who is also a pauper having a legal settlement in the commonwealth, he shall be supported by the place where his wife has her settlement, and the common- wealth upon written notice to the state board of charity within sixty days after aid is first given to him shall reimburse such place," such town must show that notice was given strictly in accordance with the terms of the provision for reimbursement; and a town is not entitled to be reimbursed for expenses incurred for a period of sixty days prior to the date of notice, when more than sixty days have elapsed since aid was first rendered.
See INTOXICATING LIQUORS. 2.
PLANS - Approval of, by Inspector of Factories and Public Buildings Establishment
See METROPOLITAN PARK COM- MISSION. 3.
POLICE OFFICER — Rules and Regu- lations of Metropolitan Park Commission
See METROPOLITAN PARK COM- MISSION. 2.
POLICE POWER.
See CONSTITUTIONAL LAW.
PORTLAND TERMINAL COMPANY
POWER BOAT Pursuit of Wild Fowl 189 See FISHERIES AND GAME.
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