owning the fee of the estate, but the one owning the title, though only leasehold, under which the tenant making the unlawful use of the estate holds. Healy v. Trant, 15 Gray 312, 313.

SECT. 9. Punishment altered by St. 1866, c. 280, s. 3.

As to the form of an indictment under this section, see Commonwealth v. Moore, 11 Cush. 600.

CHAPTER LXXXVIII.

OF LICENSES AND MUNICIPAL REGULATIONS OF POLICE.

Insurance brokers to obtain authority to act as such from the insurance commissioners. St. 1869, c. 93.

Private lunatic asylums to be licensed. St. 1864, c. 288, s. 8, 9.

Carriers of passengers, freight, or baggage to or from Martha's Vineyard camp meeting to be licensed. St. 1864, c. 231. "Act for the regulation of tenement and lodging houses in the city of Boston." St. 1868, c. 281.

"Act concerning the attaching or mooring of rafts to any bridge, pier, or wharf, in the harbor of Boston." St. 1862, c. 73. Discrimination on account of color not to be allowed in any licensed inn, public place of amusement, public conveyance, or public meeting. St. 1865, c. 277.

Exclusion of persons from, or their restriction in, any licensed theatre or public place of amusement, or in any public conveyance or public meeting or licensed inn, without good cause, forbidden. St. 1866, c. 252.

Act authorizing regulations in relation to the passage of carriages, &c., through streets, &c., of cities and towns, and in relation to itinerant musicians in streets and public places of cities. St. 1869, c. 301.

It seems that licenses under this chapter do not create any contract between the government and the party licensed, but

are subject to be modified or repealed at any time. Calder v. Kurby, 5 Gray 597, 598.

Junk, Old Metals, and Second-hand Articles.

Towns may make regulations for dealers in junk, &c. St. 1862, c. 205.

SECT. 26. See St. 1862, c. 205, s. 2.

Stables.

For special provisions relative to the erection, occupation, or use of stables in the city of Boston, see St. 1869, c. 369, also St. 1860, c. 109, and St. 1810, c. 124, printed with it.

SECT. 31. One who keeps a stable in violation of this section cannot recover damages for an injury to his business caused by the escape of gas into the water of a well on his premises, but may recover for the nuisance so caused to his real estate. Sherman v. Fall River Iron Works Co., 5 Allen 213.

SECT. 33.

Steam Engines, Furnaces, and Boilers.

Stationary engines not to be erected within five hundred feet of any dwelling-house or public building. St. 1862, c. 74.

For an explanation of this section, see Call v. Allen, 1 Allen 137.

SECT. 40. See St. 1862, c. 74, s. 2.

Rockets, Gunpowder, and other Explosive Substances.

"Act to regulate the transportation of gunpowder within and through the city of Cambridge." St. 1860, c. 103.

Blasting of rocks in Boston within one hundred rods of public place or highway, without license, forbidden. St. 1868, c. 201.

Acts concerning the manufacture, storage, and sale of petroleum and its products. St. 1869, c. 152.- St. 1867, c. 286. St. 1869, c. 345.- St. 1866, c. 285. (Prior acts repealed. St. 1865, c. 244.- St. 1866, c. 262.)

Additional provisions relative to dogs. St. 1867, c. 130.—

St. 1869, c. 250. (Prior laws repealed. St. 1864, c. 299.St. 1865, c. 197.)

SECT. 52-56. Repealed and superseded by St. 1864, c. 299, s. 1-6, 13, which have been themselves repealed and superseded by St. 1867, c. 130, s. 1-6, 15. (See also repealed St. 1863, c. 113.)

SECT. 58. Repealed by St. 1864, c. 299, s. 13.

SECT. 59. "Keeper of a dog." As to the meaning of the word "keeper" in this place, see Barrett v. Malden & Melrose R.R., 3 Allen 101.

66

“Any person injured by it." This includes injury to property. Brewer v. Crosby, 11 Gray 29.

The keeper of a dog has been held liable under this section for damages sustained in consequence of a sudden attack by the dog upon a horse, whereby the horse was frightened and rendered unmanageable. Sherman v. Favour, 1 Allen 191.

So, where a dog injures a minor child, the owner is liable to its parent for the loss of its services and for his expenses in its cure. M'Carthy v. Guild, 12 Met. 291.

Where damage was caused by two dogs together, belonging to different owners, each owner was held to be liable only for the damage caused by his own dog. Buddington v. Shearer, 20 Pick. 477.

The damages may be doubled either by the court or by the jury. Pressey v. Wirth, 3 Allen 191.

As to the form of declaration in an action under this section, see Mitchell v. Clapp, 12 Cush. 278.

SECT. 61. If after notice, as provided in this section, the owner does not kill his dog or keep it from going at large, he shall forfeit $10 on proof that such dog is mischievous or dangerous. St. 1867, c. 130, s. 14. (St. 1865, c. 197, s. 4.)

SECT. 64-66. Repealed and superseded by St. 1864, c. 299, s. 7-9, 13, which have been themselves repealed and superseded by St. 1867, c. 130, s. 7-10, 14.

Billiard Tables and Bowling Alleys.

SECT. 71. So much of this section, "as relates to the hours of closing billiard and bowling rooms" repealed. St. 1866, c. 237. An indictment under this section need not allege that the place was kept open for gain. Commonwealth v. Colton, 8 Gray 488.

For another case arising under this section, see Commonwealth v. Emmons, 98 Mass. 6.

SECT. 72. The provisions of this section "extended to all buildings or other places named in any license granted to common victuallers by the county commissioners or by the mayor and aldermen or selectmen of any city or town." c. 222.

Theatrical Exhibitions, Public Shows, Masked Balls, &c.

St. 1862,

SECT. 74. This section does not apply to a school for the teaching of dancing, although admittance thereto is paid for on each evening. Commonwealth v. Gee, 6 Cush. 174, 179.

An actor may maintain an action for his services at an unlicensed theatrical exhibition, unless it appears that he knew it was not licensed. Roys v. Johnson, 7 Gray 162.

SECT. 75. As to the form of an indictment under this section, see Commonwealth v. Twitchell, 4 Cush. 74.

SECT. 79. See further provisions on this subject in "an act to suppress the exhibitions of the fighting of birds and animals." St. 1869, c. 435.

PART II.

OF THE ACQUISITION, THE ENJOYMENT, AND THE TRANS-
MISSION OF PROPERTY, REAL AND PERSONAL; THE
DOMESTIC RELATIONS, AND OTHER
NECTED WITH PRIVATE RIGHTS.

MATTERS CON

TITLE I.

OF REAL PROPERTY AND THE ALIENATION THEREOF.

ALL lands previously known as Indian lands, and rightfully held by any Indian in severalty, and all such lands which have been or may be set off to any Indian, to be the property of such person and his heirs in fee-simple, provided, &c. St. 1869, c. 463, s. 2.

CHAPTER LXXXIX.

OF ALIENATION BY DEED; THE LEGAL FORMALITIES, CONSTRUCTION, AND OPERATION OF DEEDS FOR THE CONVEYANCE OF LANDS.

General Provisions.

SECT. 1. A deed which is neither acknowledged nor recorded will nevertheless be a valid conveyance, except as against persons "other than the grantor, and his heirs and devisees, and persons having actual notice thereof," as provided in section 3. Dole v. Thurlow 12 Met. 157, 162.- Marshall v. Marshall v. Fisk, 6 Mass. 24. Call v. Buttrick, 4 Cush. 345, 350.

But a writing not under seal will not be effectual to pass an interest in real estate, even as against the grantor and his heirs. Stewart v. Clark, 13 Met. 76.