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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.

2.

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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.

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- 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

165

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.

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Charles River Basin
Canal
deepen

429

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.

...

MILITIA Continued.

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358

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.

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Tax on Deposits

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"NATURAL GUARDIAN "
See INSANE PERSON. 3.

NATURALIZATION — Fees

-

See CLERKS OF COURT. 1.

NEW ENGLAND COTTON YARN

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289

. 106

24

Textile Goods .

See TEXTILE GOODS.

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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.

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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

of-

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Rebate

See INSURANCE. 3.

47

578

Civil Service - Exemption

Clerk

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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.

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415

441

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515

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Derivative Settlement
tive Statute

Retroac-

84

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.

3.

Settlement-

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.

4.

· 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.

PAUPER Continued.

5.

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145

PLACE-

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.

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See STATE HIGHWAY. 4.

Licensed

See INTOXICATING LIQUORS. 2.

PLANS - Approval of, by Inspector of
Factories and Public Buildings
Establishment

See BUILDINGS. 2.

390

231

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See METROPOLITAN PARK COM-
MISSION. 3.

POLICE OFFICER — Rules and Regu-
lations of Metropolitan Park
Commission

Violation

rest without Warrant

165

Ar-

96

See METROPOLITAN PARK COM-
MISSION. 2.

POLICE POWER.

See CONSTITUTIONAL LAW.

PORTLAND TERMINAL COMPANY

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POWER BOAT Pursuit of Wild Fowl 189
See FISHERIES AND GAME.

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