7. Commissioned Officers.

166

St. 1895, c. 465, § 3, applies only to officers
commissioned after the passage of the act and
to officers so commissioned whose grade and date
of commission are the same.

In the case of three commissions of the same
grade and date, the holder of one having served
two years in the army, the holder of one of the
others having served three years in the navy, and
the holder of the third having served four years
in the volunteer militia, the first has seniority in
rank over the second, and the second seniority
over the third.

Where in the case of two officers previous ser-
vice in the army or navy has been the same, their
seniority is to be determined by the regulations
of the army and navy, respectively, applicable to
such cases.

An officer who resigns and is afterwards recom-
missioned with the same rank is the junior of
another officer who in the interim has been com-
missioned with such rank
254

ity of Town to issue New Notes in Sub-
stitution for Old Ones - Exhaustion of
Legislative Authority.

The town of North Brookfield, having issued
notes under the authority conferred upon it by
St. 1889, c. 424, for the purpose of paying the ex-
penses incurred under said statute in supplying
said town with water, has no authority, even with
the assent of the Commonwealth, the holder of
the said notes, to issue new notes in substitution
for those already existing
. 418

MUNICIPAL INDEBTEDNESS ACT-
Treasurer of Commonwealth.
The Treasurer of the Commonwealth should not
loan money to a city on an application which does

PARK-Continued.

Grove," etc., and the one in question was divided
into lots which were numbered. Numerous copies
of the plan were printed and distributed, but it
did not appear that the corporation had ever for-
mally dedicated the land to the public. It after-
wards sold the lots in question, and after several
conveyances they became the property of the re-
spondents. The relators requested the Attorney-
General to sign an information to restrain the
respondents from using them, on the ground that
they had been dedicated to the public.

Held, that there was no evidence of a dedication
to the public by the corporation, and the Attorney-
General refused to sign the information

629

617

The trustees of the Danvers Lunatic Hospital
cannot charge a town, under Pub. Sts., c. 87, 45,
for clothing furnished patients transferred by the
Board of Lunacy and Charity to another State
institution, under the provisions of Pub. Sts.,
c. 79, § 9.
159

5. Settlement Laws - Territorial Effect.
The settlement laws of each State relate to the
citizens of such States, and to the relative obliga-
tion of the municipalities on the one hand and of
the State upon the other hand as to such citizens.
Such laws have no extra-territorial effect, are
not binding upon any other of the States of the
Union, and cannot be enforced by said States.

Between different States there can be no such
thing as a place of legal settlement within the
contemplation of the pauper laws.

A person having removed from another State to
Massachusetts, with the intention of residing here,
and having taken up his residence here, becomes
a citizen of Massachusetts and ceases to be a
citizen of the State from which he removed. Such
a person becomes bound by the provisions of the
settlement laws of Massachusetts, and ceases to
have any settlement in the State from which he
removed, so far as Massachusetts is concerned.

The father of an infant pauper removed from
Lubec, Me., to Boston, Mass., in June, 1895, with
the intention of becoming a citizen of Massachu-
setts, bringing the said pauper with him, and was
at the date of this opinion residing in said Boston.
He had before removal therefrom a legal settle-
ment in Lubec.

A State officer of Massachusetts who should
take the said pauper to Lubec for the purpose of
having her supported by said town would violate
the provisions of the statutes of Maine, 1891, c. 1,
p. 8, providing a penalty for bringing into a town
of Maine where he has no settlement a poor, indi-
gent or insane person, with intent to charge such
town with his support
. 383
Expense of Nursing in Pest House - Re-
imbursement to Towns.

6.

A city or town should be reimbursed by the

7." Town" in Statute not construed to include
Cities Insane Paupers Children
Overseers of Poor.

-

The provisions of St. 1897, c. 374, entitled "An
Act relative to the support of the poor in towns,"
apply to towns only, and not to cities.

Pub. Sts., c. 28, § 2, which enacts that all laws
relating to towns shall apply to cities so far as
they are not inconsistent with the general or
special provisions relating thereto, was not in-
tended to provide that in all statutes in which
duties were imposed upon towns the word "town
should include cities, but only in such general
laws as relate to towns themselves considered as
municipalities.

The provisions of St. 1897, c. 374, are applica-
ble to such children as come within the meaning
of the word "paupers."

The provisions of St. 1897, c. 374, do not apply
to inmates of the State institutions for the insane
supported therein by cities and towns.

The provisions of St. 1897, c. 374, are not appli-
cable to persons who are assisted to a greater or
less extent by the overseers of the poor, on account
of their partial inability to care for themselves.

The provisions of St. 1897, c. 374, are not appli-
cable to paupers provided for at the State Farm
or State Almshouse.

Under the provisions of St. 1897, c. 374, each
overseer of the poor in a town is required to visit
each place where the town paupers are provided
for, in person, and may not make such visits
. 463
through an agent

8. Settlement Payment of Taxes.
Provided a person has resided in any place in
this State five years together after he became
twenty-one years of age, and did not receive aid
as a pauper during that time, it is immaterial,
on the question of whether he has a settlement
in that place, whether he paid all taxes duly as-
sessed upon his poll or estate for any three years
within that time, during the five years or after
the five years had elapsed. If he has paid them,
he has a settlement.
.519
Money left at Decease- Public Adminis-

9.

PILOTAGE FEES.

. 211

322

A pilot who offers his services to a vessel bound
into a port where pilotage is not compulsory bas
no claim for services when they are declined in
favor of a person forbidden under a penalty to
act as pilot, or when another authorized pilot
subsequently offering himself is secured. 180

POLICE POWER- Contagious Diseases
among Domestic Animals . Value
of Afflicted Cattle

----

See DOMESTIC ANIMALS. 1.

· Board of Health of Concord

. 234

290

See MASSACHUSETTS REFORMATORY.