Annual Survey of Massachusetts Law

Transcription

1 Annual Survey of Massachusetts Law Volume 1965 Article Index Boston College Annual Survey of Massachusetts Law Follow this and additional works at: Recommended Citation Boston College Annual Survey of Massachusetts Law (1965) "Index," Annual Survey of Massachusetts Law: Vol. 1965, Article 28.

2 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX ACCIDENT AND HEALTH INSURANCE dependent's benefits, group coverage, extension of, ; nonprofit service plans, over age 65, Administration of justice attorney's fees, contempt of court, contingent fees, District Courts. See District Courts juror conduct, interference with, pensions for judges' widows, Superior Court. See Superior Court Supreme Judicial Court. See Supreme Judicial Court Administrative law adjudicatory powers approvals with reservations, nunc pro tunc orders, adjudicatory proceedings, proceedings before pharmacy board as, administrative adjudication power to make, statement of reasons, administrative decisions, standard for, administrative official, limitation of authority, Administrative Procedure Act. See Administrative Procedure Act adoption of procedural rules, failure of agencies to comply, approval of transfer with reservations, effect on conditional sale of liquor license, ci vii service employees, effective date of discharge, commencement of discharge hearings as, denial of right to engage in particular occupation, constitutional right to a full and fair hearing, housing authority, limitation of remedies available against, judicial review adjudicatory proceedings, agency proceedings, jurisdictional requirements, certiorari, premature request for, scope of, ; legislative standards, administrative interpretation, license applicants, judicial review of unfavorable decisions constitutional right, liquor license transfers certiorari not applicable, not a quasi-judicial act, public convenience and advantage, standard applicable to examination of bank conversion request, regulation of private enterprises, constitutional right to a hearing, regulations, notice and hearing requirements, subpoena, breadth of, unreasonable delay in action on a permit, writ of prohibition, use of by regulatory board, Administrative Procedure Act adjudicatory proceedings due process requirement in, record of hearing, statement of reasons, adoption of procedural rules availability of model rules, failure of agencies to comply, Published by Digital Boston College Law School,

3 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Administrative Procedure Act (cont.) applications to pursue a chosen occupation, judicial review, constitutional right, hearing, right to waiver, liquor license transfer certiorari not available to unsuccessful applicant, not an adjudicatory proceeding under, procedural requirements, judicial review of agency proceedings, 11.2l.3 procedural rules Department of Public Utilities, procedure for agency proceedings, 11.2l.3 regulations, notice and hearing requirements, review, right to hearing on, 11.l3.4 Adoption adopted child, status of under law of descent and distribution, ; waiver of consent, Arbitration Uniform Arbitration Act, Sections 2 and 3, Attachment attaching creditors, right to eminent domain damages, attaching creditor's interest, eminent domain taking, Automobile insurance arbitration provision for appraisal, assigned risks, compulsory coverage, scope of, 11.l7.11 insured, definition of, 11.l7.2 merit ratings, nonowned automobiles, uninsured motorists coverage, BANKING co-operative banks conversion of, ; real estate loans, limits on, payments to minors, savings banks mortgages on Turnpike Authority leasehold interests, real estate loans, limits on, unauthorized banking, Bills and notes. See Commercial law; Uniform Commercial Code CIGARE"ITE TAX licensees, additional excise on, 11.l8.16 rate increase, revenues, use of, Civil procedure and practice bill for an accounting master's report, collateral estoppel, conditional nonsuit prevented from going to judgment motion for extension of time to answer in terrogations, waiver and notice, when case is ripe for judgment, corporations, personal jurisdiction over, cost of appeal in zoning controversy, declaratory relief issue of building permit, proper remedy for enforcement of zoning law, zoning remedy, discovery, pretrial, medical reports, equity, inspection of corporate books, right to jury, federal court actions diversity actions, choice of law in, ; federal rules, conflict with state law, forum shopping, outcome determination test, in personam jurisdiction over foreign corporations, "solicitation" as basis,

4 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX 381 instructions to jury after formal charge, absence of counsel, joinder of parties in zoning violation, judicial review of administrative agencies, jurisdictional requirements, jurisdiction foreign corporation, mere solici tation, personal, over foreign corpora tions, ; substituted service, ; listing of issues on remand, mandamus enforcement of zoning require ment, nature of, proper remedy in zoning violation, remedy for building by law vio lation, notice requirement in land controversy, notice to clerk in zoning law controversy, parties, standing to sue, 12;21.5 pleadings, correction of inadver tent omissions after statutory period, pretrial discovery medical reports, pretrial oral discovery proposed legislation, reasons for needed passage, procedural rules construction of, substantial compliance with, process, service of, ; termination of appointment of agent for, res judicata, standing to sue, transfer period, beginning of, waiver, failure to plead as, Commercial law commercial paper accommodation parties, proof of signatures, sum certain, consumer credit collection costs, credit card purchases, disclosure of interest rate, prepayment of debt, refunds of interest and service charges, holder in due course, sales consignment as sale or return, revocation of acceptance, warranties, secured transactions, subrogation, Commercial paper. See Commercial law Common carriers. See also Public utilities bus companies, routes, minimum rate orders, exception, Condominium, priority of liens, Conflict of laws choice of law in federal derivative action, custody decree, modification of, full faith and credit, diversity cases, service in, ; ; domicile interspousal relations, will of movables, forum non conveniens, Massachusetts cause of action dismissed, full faith and credit custody decree, modification of, immunity, interspousal, law of domicile controls, insurance contract rights, choice of law, Published by Digital Boston College Law School,

5 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Conflict of laws (cont.) life insurance contracts, alteration and misrepresentation in application, marriage statute, validation of extraterritorial effect, movables, testamentary trust of, testator's domicile at death, negligence, contributory, substance or procedure, venue, construction of federal change of, wrongful death action, state with most significant relationship, Constitutional law advisory opinion Amendment 85 of 1964, Constitutional Convention of 1820, Constitutional Convention of 1858, Constitutional Convention of , constitutionality of statutes, judicial and advisory functions, pending legislation, police power, refusal to give, request from Governor and Council, separation of powers, usefulness, arrest adequate description in warrant, right to use telephone, unconstitutional, assistance of counsel, preindictment statement, auditor's report, use as evidence, detention and arrest, probable cause, disbursements of state funds to political parties, public purpose, discovery in criminal case, due process of law, arrest, ; ; confession, securing of, counsel, right to, ; economic regulation, judicial review of, occupational permit applications, right to an administrative hearing, pressure for guilty pleas, right to confrontation, search and arrest warrants, search and seizure, ; ; testimony before commission, emergency law, eminent domain distinction between a taking and a police regulation, equal protection '. bond requirement, duty of state to remedy de facto segregation, equal voting rights in municipal elections, establishment of discrimination, insurance premiums, special zoning treatment of Boston, state action, unequal assessment of property, zoning laws favoring religious organizations, fair yet speedy trial, freedom of speech, obscenity, freedom of the press, illegal search and seizure evidence in state criminal cases, search not incident to lawful arrest, threshold inquiry, not arrest,

6 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX 383 interstate commerce license tax for shipping harmful drugs, taxation of foreign corporations, land taking, authority, 1l.11.6 liquor license transfer, misbranded food statute, interpretation of, pardon, effect of, police power, limits prescribing lot size as constituting a compensable appropriation, prevention of consumer confusion, police power regulation, judicial review of, pre-emption, state regulation of common law copyrights, premature claim of constitutional violation, public purpose eminent domain, expenditure of public funds, S right to counsel, commitment of sexually dangerous person, failure to provide, prejudicial, 11.1l.3 post-indictment interrogation, pre-indictment interrogation, 11.1l.3 separation of powers, 1l.11.6 special statute exempting individual from general laws, standing of governmental entities to challenge legislation, statutes, presumed validity, summonses, permissible breadth, threshold police inquiry, Contracts building contracts damages for breach, quantum meruit, set off in action for breach, substantial performance, constructive conditions of exchange, covenants not to compete, ; implied covenants not to compete, intent of parties, oral promises as indicating, life insurance, choice of law, liquidated damages, Restatement, revision of, statute of frauds debts of another, interest in land, main purpose rule, subcontractors, main purpose rule as affecting, Uniform Arbitration Act, Sections 2 and 3, Conveyancing affirmative covenants running with the land, double descriptions in deeds, marketable title, effect of obsolete restrictions on, title registration, Co-operative banks. See Banking Corporate taxation assessment, necessity of notice of intention, I1.1S.13 assets, apportionment of by income percentage, 11.1S.10 business corporations, collections from, 11.1S.9 corporate excess, capital stock, evaluation of, 11.1S.9 excise tax, 11.1S.11 reduced rate of, 11.1S.9 "rollback of," 11.1S.9 foreign corporations, 11.1S.12 interstate commerce, engaged exclusively in, 11.1S.12 savings bank excise, exemptions under, 1l.IS.11 Corporations appraisal under 1964 statute, Published by Digital Boston College Law School,

7 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Corporations (cant.) Articles of Organization amendment, by-laws amendment, capital stock installment payments, par value and no-par stock, consolidation under 1964 statute, derivative action, ; ; ; directors and officers indemnification of, liability for improper acts, power to delegate, power to fill vacancies, watered stock, liability for, dissolution under 1964 statute, filing requirements under 1964 statute, foreign corporations, in personam jurisdiction over, incorporation procedure under 1964 statute, inspection of corporate books, right to jury trial in equity, inspection of stockholder lists, stockholder's rights, liquidation under 1964 statute, merger under 1964 statute, service of process, foreign corporations subject to, statute of 1964, amendment to Articles of Organization, appraisal, by-laws, consolidation and merger, directors and officers, filing requirements, incorporation procedure, liquidation and dissolution, stock certificates, stockholders, stock certificates, stockholders action without a meeting, liability in case of bankruptcy, lists, inspection rights of stockholders, meetings outside state, standing to sue, taxation. See Corporate taxation watered stock, directors liability for, Creditors' rights credit card financing company, rights to interest, Criminal law and procedure arrest adequate description in warrant, probable cause of guilt, right to use telephone, what constitutes, bribe, solicitation of as a continuing offense, confession admissibility of, ; coerced, confrontation, right to, conspiracy, criminal, contempt, criminal, firing juroremployee, counsel, right to commitment of sexually dangerous person, 11.1 UI defendant prior to trial, ; failure to provide, prejudicial, post-indictment interrogation, pre-indictment interrogation, detention and arrest, probable cause, discovery, felony-murder rule, grand jury, impartiality of, illegal search and seizure evidence in state criminal cases,

8 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX 385 not incident to lawful arrest, threshold inquiry, not arrest, immunity, testimony before legis lative hearing, investigation as opposed to accusation, murder, pardon, effect of, ; police power, investigation, pressuring guilty pleas, pretrial discovery in criminal cases, pretrial publicity, robbery, felony-murder rule, self-incrimination, privilege against, ; sex offenders, Sexually Dangerous Persons Act, speedy trial, right to, statistics, testimony before commission, threshold police inquiry, Uniform Arrest Act, warrant for arrest, relationship to probable cause, DAMAGES, LIQUIDATED DAMAGES, District Courts administrative authority in multiple-judge courts, administrative head, automobile violations, mail payment of fines, business, criminal jurisdiction increased, removals to the Superior Court, six-man juries, ; small claims, Transfer Act, trustee writ, venue, Divorce. See also Domestic relations decree nisi, residence requirements, Domestic relations anticontraceptive statute, constitutionality, burden of proof, children, physician's report on injury, abuse, domicile law controls interspousal immunity, foreign decree, effect of, immunity, interspousal, insurance coverage and inheritance right of adopted children, libelee's remarriage after divorce becomes absolute, prior foreign custody decree, effect of on local proceeding, records, birth, marriage, and death, forgery of, revocation or termination of decree of separate support, support amount, separation of into alimony and child support for tax purposes, tort actions by husband and wife, proposed legislation, EASEMENT. See also Real property by custom, by implication, when street owned by grantor is referred to as boundary, prescription, tacking of successive periods, Education bible reading in public schools, civil service, abolition of school position, civil service law, adoption of, education information officer, subject to civil service, emotionally disturbed children, placement of, Executive Committee for Educational Television, powers of, Published by Digital Boston College Law School,

9 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Education (cant.) general bids on schools, rejection of, S mental retardation, aptitude test, milk contract for school, award of, open meeting of state board, racial census in public schools, local school committee to conduct, racial imbalance, elimination and prevention, S racial segregation in public school, elimination of, regional school districts assessment of construction costs by, organization of, reimbursement for pupil transportation, salary increases voted by outgoing school committee, reduction of, school committee election of, irregularities in, out-of-state travel, expenditures provided for, school committee members, suit for eliminated salary increase against, school construction, determination of lowest bidder, sick leave with pay, entitlement of teacher, state aid to public schools, ; S state educational system, reorganization of, state regulation of, superintendent, dismissal of, teachers, indemnification of, teachers, indemnity insurance for, teaching interns, employment of, tenure, acquisition of by librarians, Eminent domain air rights bus terminal provisions, legislation, compensable taking, what constitutes, S conservation condition as constituting a taking, S damages admissible evidence, computation, extraordinary, legislation, ; S special, evidence admissible, federal standards for taking procedures, land taking, not in excess of authority, notice to property owners, payment to landowner, wrongful as to creditor with attachment on property, prescribing minimum lot size, as constituting exercise of, priority between agencies with power of, proceedings legislation to improve, ; protection of persons affected by taking, public purpose requirement, varying concepts of, regulation as, S; S relocation payments and assistance, S0; royalty agreement, inadmissible, severance damages, taking agencies, taking defined, S taking of municipal land, wildlife protection as exercise of valid public purpose, Employment security, unemployment compensation, ; ; 8

10 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX ; ; See also Unemployment benefits Equity, right to jury trial; inspection of corporate books, Estates. See also Wills administration allocation of succession tax, statute of limitations, effect on income tax assessment, adopted child, position as heir, descent and distribution, illegitimacy, dower and curtesy, land to which applicable, heirs, time of determining, inventory-filing requirement, remainders indefeasibly vested, vested or contingent, statutory share, surviving spouse, Evidence admission, admissions against coconspirators, best evidence rule, confessions, admissibility incident to an unconstitutional arrest, prolonged detention, retroactive effect of Escobedo doctrine, eminent domain, hearsay exception for declaration of deceased persons, right to confrontation, illegally seized evidence inadmissible, learned treatises qualification as expert testimony, requirement of notice to opponent of intent to use, trial court's discretion as to admissibility, use in malpractice cases, motion to suppress evidence, specificity of, proof of similar crimes, inadmissibility of, right to counsel, ; ; ; statements made without benefit of counsel inadmissible, Excise tax exemptions, foreign corporation, not subject to, FEDERAL-STATE RELATIONS federal pre-emption, pre-emption, state may regulate common law copyrights, taxation, out-of-state corporation, Fire insurance, subrogation, GENERAL LIABILITY INSURANCE duty to defend, hold harmless agreement, Group disability insurance eligible groups, HOUSING federal assistance, low income, public, slum, INHERITANCE TAX consideration, adequacy of, exemptions, inventory definition of, filing time extended, succession, taxable, as dependent on settlor's death, trust property, value determined at settlor's death, Insurance accident and health insurance. See Accident and health insurance agents and brokers contracts, liability, licensing, Published by Digital Boston College Law School,

11 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Insurance (cant.) automobile insurance. See Automobile insurance fire insurance. See Fire insurance general liability insurance. See General liability insurance; Liability insurance insurance companies compensation of officers, deferred, investments, participating plans, regulation of, retirement from the field, use of group name, variable annuities and pension contract funding agreements, liability insurance. See Liability insurance life insurance. See Life insurance life insurance contract, misrepresentations in application, medical service corporation, subscriber rates, nonprofit service plans, over age 65, payroll robbery insurance, robbery defined, policy conditions, appraisal, premium finance agencies, regulation of, railroad blanket bond, LABOR LAw arbitration absence of clause, compulsory, federal enforcement of, function of arbitrator, ; state jurisdiction to declare employee's right to, Civil Rights Act, Tit. VII, collective bargaining agreements antitrust laws, binding successor employers, IU5.3 breach of no strike clause, grievance procedure, multiparty bargaining units, ; compulsory arbitration, discrimination in employment by race, color, religion, or sex, II.15.1 employment agencies, regulation, employment security, ; employment security law, amendment of, Equal Employment Opportunities Commission and state law, "favored nations" clauses, federal pre-emption doctrine, 11.l5.2 Health, Welfare, and Retirement Funds Law, imported labor replacements, jurisdiction federal-state, ; state, 1l.15.2 liability of union officers, lockout, Massachusetts State Labor Relations Law, housing authority employees, Minimum Wage Law minimum wage increased, ; penalties for violation of, time and one-half, National Labor Relations Board, ; National Mediation Board, Norris-LaGuardia Act, relief prohibited by, nurses, 1l.15.6 pension funds, fine for failure of employer to contribute, 1l pre-emption doctrine, ; ; private remedy, violation of statute as creating,

12 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX 389 public employees, right to form union, ; ; Railway Labor Act, grievances of employees under, right-to-work laws, secondary boycotts, Sherman Act, violation of, Sunday work, Taft-Hartley Act Section 14(b), Section ~01 suits, ~; Section ~O~, secondary boycott, unemployment compensation. See Employment security; Unemployment benefits unfair employment practices, unfair labor practice, union's duty of fair representation, ~ whiplash strike, ~ Land Court, loning, exclusive jurisdiction to determine validity, ; ~ Landlord and tenant automatic locking of doors, breach of contract, ~4 covenants, implied in a sublease, fraudulent misrepresentations, prediction of future events, invitee implied invitation by lessor to use common area, lease to Commonwealth, obligation to restore the premises, lessee's obligations contemplation doctrine, lessor's obligations areas under lessor's control, business invitee, common stairway, contemplation doctrine, landing not part of demised premises, roof under lessor's control, option to renew, implied covenant in sublease, percentage leases, implied covenant to continue operations, 11.~.2 registered land, notice of leases for a term of seven years or more, summary process, eviction, surrender, tenancy at sufferance, 11.~.~ tenancy at will termination by abandonment, 12.2.~ termination by statute, 12.2.~ use of premises, implied covenant in sublease, Liability insurance. See also Automobile insurance covenant to defend, duty to pay legal fees where insured retains own counsel, loan receipt agreement, medical examination, ~ Life insurance. See also Insurance accidental death coverage, annuities, variable, choice of governing law, defense by insurer of misrepresentation, dividends on industrial and debit policies, misrepresentation in application alteration, Hodgkin's disease, nonlapsation for failure to pay premiums during strike of collection agents, nonlapse during strike of insurer's agen ts, tax lien, interest in endowment policies, taxation of policy proceeds, METROPOLITAN AREA PLANNING COUN CIL membership, ~7 scope and power, Published by Digital Boston College Law School,

13 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Mortgages chattel, subrogation principles not superseded by Uniform Commercial Code, co-operative banks, real estate loans, limit on, default and foreclosure on senior mortgage constituting breach of junior mortgage, equitable, in stock, equitable, intent of parties controlling, foreclosure distribution of surplus funds from sale, junior lienor's interest in surplus proceeds, sale made for benefit of all parties to proceeding, statute of frauds, 11.2.S mortgage bond indenture, 12.S.5 savings banks mortgages on Turnpike Authority leasehold interests, real estate loans, limits on, statutes, recorded first mortgage has priority over condominium lien, statute of frauds, agreement to bid at foreclosure sale, within, li.2.s subrogation, Motor vehicle insurance loading and unloading, minor's policies, policy approval, uninsured motorists coverage, Municipal employees. See also Public employees civil service, civil service examinations, educational requirements for, collective bargaining for, penalties for official misconduct by, Municipal government continuity of government in event of enemy attack, 1l.l9.S contract bids, invalidity of subbids, U employees. See Municipal employees; Public employees fiscal operations, ; home rule, prerogatives of, industrial development, motor vehicles, abandoned, Municipal Police Training Council, establishment of, organization of, sewerage facilities, financing of, tort liability, snow and ice, uniform plumbing code, PERSONAL INCOME T AXATlON abatement, employer's monthly withholding returns, extension of filing date, refund no interest payable on, required date for filing return for, support, separation of into alimony and child support, 12.9.S Planning board. See also Subdivision control; Zoning approval of subdivision based on misapprehension, U public use of ways on plan, conditions imposed by, disapproval of definitive plan, U disapproval of preliminary plan, effect on later filing of definitive plan, final report as prerequisite for zoning law, notice of meeting, preliminary plans, notice to applicants, ruling, procedure to modify or revoke approval, Property taxation assessments on unequal basis,

14 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX 391 business and income producing property depreciation allowance, IUI.I depreciation allowance, landlord and tenant, IUI.I exemptions, I1.1S.17 failure to pay tax, effect of, I1.1S.17 Revenue Act of 1964, Public employees, penalties for official misconduct by, See also Municipal employees; State employees Public health air pollution, commission to study, Department of Health, broad power to regulate water pollution, Public utilities administrative decisions judicial review of, public convenience and necessity as test, ; bus companies. See Common carriers Department, power to authorize service over same route by two carriers, electric companies allowance on rates, exceptions to rate schedules, power of municipal light boards to fix rates, rates, motor carriers. See Common carriers passenger transportation agencies certificates, ; creation of MBT A, railroads, use of towns for marshalling yard, rates, railroad service, exemption from zoning laws, !l Rates. See Rates security issues exemptions from requirement of sale under competitive bidding, rates, service over same route by two carriers, service expansion, notice and hearing, steamship authority, water companies. See also Water companies depreciation reserve, examination of systems prior to issue of building permit, rates, ; zoning, exemption from, RATES. See also Public utilities cost studies, importance in determining, S electric companies, exception to rate schedules, passenger transportation agencies, depreciation of buses, water companies, determination of rates, Real property affirmative covenants running with the land, 11.!l.5 boundaries, by reference to streets which grantor owns, condominium, priority of liens, lu.9 dower and curtesy, restricted to interests at death, ; 12.4.S easement by custom, 11.!l.S mortgages. See Mortgages partition, tenancy in common, tenancy by the entirety, termination by divorce, Recording defects in record, errors in indexing, risk of loss, 12.1.!l Records, birth, marriage, death, forgery of, I1.S.6 SALES. See also Commercial law; Uniform Commercial Code consignment as sale or return, medical services or goods, revocation of acceptance, 11.7.S Published by Digital Boston College Law School,

15 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Sales (cant.) warranties, sale of blood, Security bankruptcy, effect of on materialman's lien, finance charges, refund of under statute, materialmen's liens, motor vehicles, retail installment sales of, statutory bonds, State employees, penalties for official misconduct by, See also Public employees State government alcoholic beverages licenses, Board of Economic Advisors, establishment of, Bureau of Transportation Planning and Development, establishment of, continuity of government in event of enemy attack, Department of Commerce and Development, establishment of, election of constitutional officers, ; elections registering for, revision of laws concerning, employees. See Public employees; State employees fiscal operations, Governor's Council, repeal of powers of, higher education, regulation of, Massachusetts Bay Transportation Authority, establishment of, miscellaneous legislation of 1964, organization of, ; power to require advisory opinions of Supreme Judicial Court, ; ; public assistance program, reorganization of, Service Corps Commission, establishment of, Statute of frauds agreement to bid at foreclosure sale, within statute, interest in land, Subdivision control. See also Planning board approval by default, certificate required for record changes, constructive approval, appeal in zoning controversy, installation of municipal service, legislation, plan approval, constructive approval, date submitted, inaction by board as approval, notice to applicant, recorded prior to subdivision control law, waiver of appeal after appraisal, preliminary plan, notice to applicant, ways and accesses, zoning. See Zoning Superior Court civil work load, ; zoning, jurisdiction to determine validity, ; ; Supreme Judicial Court power to require advisory opinions of, ; ; statistics on work load, ; Surety claim, time for filing of, compensated, harm, necessity of to discharge compensated surety, performance, extension of time, compensated sureties,

16 CUMULATIVE INDEX 393 performance bonds generally, obligation of client to check work before payment, rights and obligations under, statutes, statutory language, primary importance of in statutory bonds, subcontractor, prime contractor's liability for debts of, See also Cigarette tax; Corporate taxation; Excise tax; Inheritance tax; Personal income taxation; Property taxation assessments on unequal basis, Attorney General, authority to sue in foreign states for taxes due in Massachusetts, Cigarette tax. See Cigarette tax Commissioner of Corporations and Taxation authority to collect cigarette taxes, authority to "round off," limited authority in local assessment matters, notice of intention to assess, power to designate deputy collectors, corporate taxes. See Corporate taxation deputy tax collectors, appointment of, Excise tax. See Excise tax foreign corporations, income apportionment formula, inheritance tax. See Inheritance tax license tax, shipment of harmful drugs, local assessors, authority of, personal income tax. See Personal income taxation T AXATJON. Boston College Annual Survey of Massachusetts Law: Index property taxation. See Property taxation State Tax Commission abatement discretion, authority to "round off," tax liabilities, reciprocal enforcement of, Torts activity, dangerous, attractive nuisance, automobiles, uninsured, automobiles, Automobile Accident Commission, burden of proof, status as invitee, causation insufficiency of post hoc ergo propter hoc, necessity of expert testimony to show injuries, necessity of showing, charitable immunity, ; comparative negligence, contribution, dangerous activity, dangerous instrumentality, expert testimony as establishing standard of care, deceit, securities, purchase and sale of, defamation, dilution statute, expert testimony, necessity of to show causation of injuries, gratuitous services, liability for negligence in, guest in automobile, guest of tenant as invitee, hearsay, admission of expert treatises as exception, ; highways, speed limits, ice and snow, ; immunity, charitable, injured party, status of, injuries, proof of causation by expert testimony, Published by Digital Boston College Law School,

17 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Torts (cant.) injury, proof of causation by de fendant, instructions, request for as overcoming waiver of objection to evidence, insurance, uninsured accident fund, invitee boundaries of invitation, burden of proof, extent of duty toward, joint tort-feasors, contribution, ; landlord, liability to tenant's invitees, legislative rejects, liability, vicarious, liability of the Commonwealth, negligence, libel effect of statement on intolerant and thoughtless, elements for cause of action, fair report of judicial proceeding, loss of conditional privilege by lack of reasonable grounds for belief, privilege of public official in public statements, reasonable grounds for belief as defense, report of admission to state hospital as, report of exhumation as impugning deceased's relatives, supervisor's report as, loan by defendant to plaintiff, malicious prosecution, medical malpractice, minors, vicarious liability for acts of, motorists Automobile Accident Commission, financially irresponsible, uninsured, municipal corporation liability for private nuisance, sovereign immunity, municipal governments, liability of. See Municipal government negligence, negligence, comparative, notice, to city of snow or ice damage, nuisance, ; attractive, board of health prohibitions, failure of attempt to abate leading to liability, piggeries, regulation of, public regulations, obvious danger, no duty to warn of, perjury, physicians, civil liability for emergency treatment, private nuisance, ; liability of municipal corporation for, products liability, ; public official, official statements as privileged, publications, admissibility in evidence of, ; railing, invitee's right to lean on, release failure to read, joint tort-feasors, receipt for loan to be paid from prospective recovery as, unwitting execution of, slander, snow and ice, ; sovereign immunity highways, injuries to pedestrians on highway, municipal corporations, speed limits, survival of action, malpractice suits,

18 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX 395 trademarks infringement, absence of competition, infringement, invalid federal registration as affecting, liability of licensor for injuries to customers, similarity as infringement, trade names adverse possession of, extent of protection against use in dissimilar business, secondary meaning of, treatises, admissibility in evidence of, 12.5.II; trespass, permitting flow of water as, unfair competition breach of covenant not to compete, necessity for damages, copying and selling product as, covenant restricting competition, employee's covenant against competing, implied covenant restricting competition, uninsured motorists, vicarious liability, for acts of minors, waiver of objection to evidence, as overcome by request for instructions, Trusts allocation of death taxes clear manifestation of intent by testator, marital deduction, charitable cy pres, indefinite beneficiaries, power of disposition, size of class, beneficiaries chosen from controls, federal taxation, governmental claims, investment company capital gains, dividends, oral trust of insurance policy, spendthrift provisions, II.4.4 UNEMPLOYMENT BENEFITS. See also Employment security disqualification for direct interest in strike, labor dispute, II.15.5; strikes in violation of contracts, voluntary leaving disqualification, Unfair competition, covenant restricting competition, Uniform Commercial Code assignment of security interest, necessity of filing, priorities assignment of security interest, order of filing, security subrogation, Urban renewal antidiscrimination in commercial space, antidiscrimination prohibition, damages, commission for study of low-income housing, constitutional issues, Department of Commerce and Development, employees, veterans' retirement rights, federal legislation, judicial review, legislation, antidiscrimination, redevelopment authority, power and function, rehabilitation programs, VENUE, FEDERAL, CHANGE OF, II.9.1 W ARRANTms. See Commercial law Water companies, rates, ; 1l See also Public utilities Published by Digital Boston College Law School,

19 Annual Survey of Massachusetts Law, Vol [1965], Art CUMULATIVE INDEX Wills. See also Estates construction, next of kin, distribution per stirpes or per capita, legatees, adopted child, life estates, meaning of descendants, meaning of issue, oral contracts to die intestate application of statute of frauds, spendthrift provisions, II.4.5 testator's domicile at time of death governs construction of, Workmen's compensation burden of proof in suicide cases, business trustee, status as employee, causal relation, suicide, II.20.5 dependency benefits, II.20.5 distinction between executive duties and labor, employee status, test of, excess recovery, heart disease as occupational disease, independent contractor, status as an employee, insurer, recovery from uninsured common employer by, late filing of claim, medical benefits, vacation trips, minors double compensation to, status as an employee, recovery, based on course of employment, relative nature of work as test of employee status, right to control as test of employee status, successive insurers, recovery from, suicide, causation, ZONING adoption of, apartment districts, appeal, failure of timely notice, board of appeals jurisdiction, review of action of selectmen, time limitation on appeals to, bond requirement on appeal, building and safety regulations, building by-law distinguished from zoning bylaw, mandamus as remedy for violation, violation and enforcement of, burden of proof, ; by-laws construction of, regarding variances, validity of, regarding economic loss of owner, classification, interpretation of, costs of appeal, creeping zoning, validity of, economic benefit conferred by, education use as exemption, exemption from, ; ; education use, final report of prerequisite planning board, for adoption, floating zones, freeze provision, garages, general object of promoting public welfare in, governmental immunity, extent of, improper delegation of authority, joinder of parties,

20 Boston College Annual Survey of Massachusetts Law: Index CUMULATIVE INDEX 397 Land Court, exclusive jurisdiction to determine validity, 11.l4.5 large lot, 11.l4.1 legislation, lots exemption of nonconforming, nonconforming, separate and apart as affecting, mixed use as standard, nonconforming use additions to, 11.l4.12 affecting, prior, procedural difficulties, procedure in enforcement of, public service corporation, reasonable notice on appeal, reasonableness as standard, request to appropriate officials, condition precedent to relief, restriction to locus only, retroactive application length of term, substantive rights, side yard, requirements, single residence district, special permits, : constructive approval, standards, spot, apartment designation in single residence district as constituting, improper delegation of authority resulting in, standards, subdivision control. See Subdivision control subdivision legislation, Superior Court, jurisdiction to determine validity, validity districts without specific land, without comprehensive plan, variance burden of proof, contiguous lots as affecting, lots held separate and apart, requirements for, special conditions as affecting, Published by Digital Boston College Law School,

21 Annual Survey of Massachusetts Law, Vol [1965], Art