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[DOWNLOAD] "Selectmen Saugus v. Mathey Et Al." by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free

Selectmen Saugus v. Mathey Et Al.

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eBook details

  • Title: Selectmen Saugus v. Mathey Et Al.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 03, 1940
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

LUMMUS, Justice. The plaintiffs are the selectmen of Saugus, and as such constitute the 'local licensing authority' under G.L. (Ter.Ed.) c. 148, § 1, as amended by St.1932, c. 102, empowered to grant a license to use premises for the manufacture or keeping of explosive or inflammable materials, and to revoke such license for cause after notice and a hearing. G.L.(Ter.Ed.) c. 148, § 13, as amended by St.1936, c. 394, St.1938, c. 99, and St.1939, c. 333. The defendant Mathey is a manufacturer keeping explosive or inflammable materials in Saugus. His license was revoked by the plaintiffs on February 7, 1939, by a vote declaring the revocation to be 'for cause shown.' But the cause was not stated. Newcomb v. Board of Aldermen of Holyoke, 271 Mass. 565, 171 N.E. 826. Marthey duly claimed an appeal to the fire marshal under G.L. (Ter.Ed.) c. 148, § 31, but such an appeal lay 'only in so far as the appeal presents a direct question of fire or explosion hazard.' He also brought a petition for a writ of certiorari, and in their return the plaintiffs, as they say in their brief, declared the cause of the revocation to be the danger of explosion. That furnished the statutory basis for the appeal to the fire marshal, but ended the possibility of quashing the revocation on certiorari.


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