Dissolution refused, when the allegation was that one stockholder owned a majority of the stock and carried on a losing business, contrary to the wishes of the other stockholders. Pratt v. Jewett, 9 Gray 34.

It seems that this section does not authorize the court to decree the dissolution of all corporations of whatever character. In re New South Meeting House in Boston, 13 Allen 497, 511.

SECT. 37. Receivers of insurance companies appointed under this section to make certain reports to insurance commissioners. St. 1864, c. 308, s. 1.

SECT. 39. This section applies to banks as well as to other corporations. Stockholders of Cochituate Bank v. Colt, 1 Gray 382, 387.

SECT. 41. See articles on the subject of the right of the legislature to amend and alter charters of corporations, in the Am. Law Rev., vol. 1, p. 451, and vol 2, p. 25.

As to the extent to which corporations, created prior to March 11, 1831, are subject to be affected by general laws subsequently enacted, see Opinion of Justices in relation to the Provident Institution for Savings in the Town of Boston, 9 Cush. 604.

For cases of amendments and alterations of charters held to be constitutional and valid, see Roxbury v. Boston & Providence R.R., 6 Cush. 424. Mass. Gen. Hospital v. State Mut. Life Ins. Co., 4 Gray 227, 234.- Fitchburg R.R. v. Grand Junction R.R. & Depot Co., 4 Allen 198, 204. - Durfee v. Old Col. & Fall River R.R., 5 Allen 230.- Agricultural Branch R.R. v. Winchester, 11 Allen 29, 32. (In this case it was held that subscriptions to the capital stock would not be affected by such alterations.)

For certain limitations of the power to amend, alter, and repeal, see Commonwealth v. Essex Co., 13 Gray 239, 252. Oliver v. Washington Mills, 11 Allen 268, 282.- Central Bridge Co. v. Lowell, 15 Gray 106, 117.

TITLE XV.

OF THE INTERNAL POLICE OF THE COMMONWEALTH.

ESTABLISHMENT of a state police. St. 1865, c. 249. - St. 1866, c. 261. St. 1866, c. 292, s. 2. St. 1867, c. 177.St. 1867, c. 349, s. 2. St. 1868, c. 338.

Acts concerning contagious diseases among cattle. St. 1860, c. 192. St. 1860, c. 219.- St. 1860, c. 221. - St. 1862, c. 28. St. 1862, c. 138.

CHAPTER LXIX.

OF THE SETTLEMENT OF PAUPERS.

As to the settlement of Indians, see St. 1862, c. 184, s. 2. As to the settlement of persons who have served in the army or navy of the United States, see St. 1865, c. 230.- St. 1866, c. 288.

SECT. 1. Third Clause. If the father and mother of illegitimate children intermarry, and the father acknowledges them as his, they are (by virtue of Gen. St. c. 91, s. 4) to be con⚫sidered legitimate for purposes of settlement. Monson v. Palmer, 8 Allen 551.

Fourth Clause. "Being a citizen of this or any other of the United States." This qualification struck out by St. 1868, c. 328, s. 1.

A settlement will not be acquired, under this section, by one who lives for three years in a house built by mistake on the land of another adjacent to his own land, and having out-buildings on his own land. Wellfleet v. Truro, 9 Allen 137. — s. c. 5 Allen 137.

A husband's tenancy by the curtesy initiate in the separate real estate of his wife is not an estate of inheritance or freehold

within the meaning of this section. Leverett v. Deerfield, 6 Allen 431.

It is not necessary that the pauper's deed should be recorded, in order that he should gain a settlement. Belchertown v. Dudley, 6 Allen 477, 479.

Time within which one is supported as a pauper in a state lunatic hospital, his family in the mean while residing on his land, cannot be included within the three years. Choate v. Rochester, 13 Gray 92.

Fifth Clause. "Being a citizen of this or any other of the United States." This qualification struck out by St. 1868, c. 328, s. 1.

Seventh Clause. For cases arising under this clause, see Bellingham v. West Boylston, 4 Cush. 553.- Leicester v. Fitchburg, 7 Allen 90.

Ninth Clause. Citizenship of this or any other of the United States no longer required. St. 1868, c. 328, s. 1.

66

Twelfth Clause. Being a citizen of this or any other of the United States." This qualification struck out by St. 1868, c. 328, s. 1.

In order to gain a settlement by residence, it is necessary that a person should reside the requisite time without receiving aid or support from the public. Worcester v. Auburn, 4 Allen 574.

The receiving of money from a town by a father, to aid him in supporting his children, will have the same effect in preventing his acquiring a settlement as if the money had been furnished for his own support. Taunton v. Middleborough, 12 Met. 35. So if a husband knowingly permits his wife to be supported at a state lunatic hospital at the expense of a town or of the state. Charlestown v. Groveland, 15 Gray 15.Woodward v. Worcester, 15 Gray 19. It is otherwise, however, if the wife is so supported without the husband's knowledge, and it does not appear that he was ever called upon to pay for such support, or was unable to pay for it. Berkeley v. Taunton, 19 Pick. 480.

But the fact of a person's insanity during a portion of the time will not prevent his acquiring a settlement. Chicopee v. Whately, 6 Allen 508.

As to what is proper evidence of domicil and residence in questions of settlement, see Monson v. Palmer, 8 Allen 551.Chicopee v. Whately, 6 Allen 508.

As to what degree of absence will break the continuity of residence so as to prevent the acquiring of a settlement, see Worcester v. Wilbraham, 13 Gray 586, 589.- Lee v. Lenox, 15 Gray 496.

SECT. 3. Even prior to statute it was held that a settlement gained in this state could not be lost by acquiring one in another state. Wilbraham v. Sturbridge, 6 Cush. 61.

CHAPTER LXX.

OF THE SUPPORT OF PAUPERS BY CITIES AND TOWNS.

Provision concerning pauper insane. St. 1864, c. 288, s. 6. Provision concerning pérsons who have served in the army or navy of the United States. St. 1865, c. 230. St. 1866, c. 288.

"Act to prohibit the removal of minors from the state by overseers of the poor." St. 1868, c. 279. But see St. 1868, c. 328, s. 2.

A person supported by a town as a pauper is not liable to an action by such town for the amount expended, even if he had property when so supported, - except perhaps in case of fraud. Stow v. Sawyer, 3 Allen 515.

SECT. 2. As to the authority of overseers of the poor to contract debts for supplies for the support of paupers, see Ireland v. Newburyport, 8 Allen 73.

SECT. 4. "Poor persons." These words are not to be confined to paupers who have been a public charge, but in

clude all poor and indigent persons standing in need of relief. Hutchings v. Thompson, 10 Cush. 239.

SECT. 5. The "kindred" who are entitled under this section to recover for support furnished to a pauper, are only those who are such by consanguinity. Farr v. Flood, 11 Cush. 24. "For the relief and support of such pauper." "Pauper" is here used in the same sense as " " in the preceding section. Hutchings v. Thompson, 10 Cush. 239. See also Shearer v. Shelburne, 10 Cush. 3, 5.

poor person

In order to render one's kindred liable to a city, &c., for support afforded him, he must at the time have stood in need of relief as a pauper. New Bedford v. Chase, 5 Gray 28.

SECT. 11. "May award costs." From the decision of the court in this matter there is no appeal. South Reading v. Hutchinson, 10 Allen 68.

SECT. 12. A town may recover under this section, although the person to whom the relief was furnished was entitled to support from the trustees under his father's will. Groveland v. Medford, 1 Allen 23.

"After the cause of action arises." This is when the payment is made, not when the notice is given. Amherst v. Shelburne, 11 Gray 107.

SECT. 15. $10 to be paid for the funeral expenses of each pauper over twelve, and $5 for those of each under that age. St. 1867, c. 97.

SECT. 16. "Necessarily incurred." See Lamson v. Newburyport, 14 Allen 30.

"Relief of a pauper therein." As to the force and intent of the word "therein," see Hawes v. Hanson, 9 Allen 134.

As to the kind of notice required by this section, see Walker v. Southbridge, 4 Cush. 199. — Williams v. Braintree, 6 Cush. 399.

A town will not be liable under this section, unless the pauper was in need of immediate relief at the time when it was afforded. Shearer v. Shelburne, 10 Cush. 3.