and any gain or benefit accruing to the stock of that corporation in his hands was not at all to his personal profit or benefit, but for the benefit of his cestui que trust; so that I do not see how it could be held that the trustee was pecuniarily interested in the loan either as borrower, principal, co-principal, agent or beneficiary.

The statute to which you refer is penal and is to be strictly construed, and even though he held the stock in his own right, it is very difficult to see how he could be held liable under this statute.

I am of the opinion that your inquiry must be answered in the negative.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Surety Companies Bonds - Renewals.

A surety company bond may be renewed and its term extended by a separate instrument properly executed.

APRIL 11, 1914.

Hon. FREDERICK W. MANSFIELD, Treasurer and Receiver-General.

DEAR SIR: You have requested my opinion as to whether or not certificates of renewal furnished and executed by a bonding company that is surety on a bond executed and filed in accordance with the requirements of chapter 656 of the Acts of 1910, is adequate and sufficient to renew a bond.

Chapter 656 of the Acts of 1910 relates to persons, partnerships, associations or corporations engaged in the collection business and conducting a collection agency, bureau or office in this Commonwealth, and requires that every such person, partnership, association or corporation shall file a bond with the Treasurer and Receiver-General.

Your query is whether the certificate of renewal is sufficient to renew and keep in force a bond the term of which has expired or is about to expire.

In its popular sense the word " renew" means "to refresh, revive or rehabilitate an expiring or declining subject, but not appropriate to describe the making of a new contract or the creation of a new existence; to re-establish a particular contract or another period of time; to restore to its former conditions; to make again; to make over, to re-establish; or to

a

rebuild." 34 Cyc. 1331. The word "renewal" in its broadest sense means "that which is made anew or re-established; change of something old for something new; the establishment of the particular contract for another period of time; imparting continued or new force and effect; the substitution of a new right or obligation for another of the same nature." In the case of Strouse v. American Credit Indemnity Co., 91 Md. 244, 257, the court in deciding a question involving this point used this language:

A renewal of the certificate of the United States Credit System Company means the same certificate with all the stipulations contained for another year, or another certificate to cover another year identical in every word and figure with the certificate it succeeded.

I would suggest that in the use of a certificate of renewal the principal as well as the surety on the bond be made a party. The form of the certificate of renewal in question did not accompany your inquiry, and I am therefore unable to pass upon its sufficiency, but I have no doubt that a bond may be renewed and its term extended to cover such period of time as may be agreed upon by a separate instrument properly executed.

Cities and towns have no authority to dispose of such books, reports and laws as have been received from the Commonwealth under St. 1908, c. 142, §§ 1 and 2.

APRIL 13, 1914.

HENRY E. WOODS, Esq., Commissioner of Public Records.

DEAR SIR: You ask my opinion upon the following question: Have cities or towns authority to dispose of the copies of the series of public documents which they do not care to retain? Sections 1 and 2 of chapter 142 of the Acts of 1908 are as follows:

SECTION 1. Each city and town shall provide a suitable place, or places, to be approved by the commissioner of public records, for the preservation and convenient use of all books, reports and laws received from the commonwealth; and for every month's neglect so to do shall forfeit ten dollars.

SECTION 2. Said books, reports and laws shall be in the custody or control of the city or town clerk, unless the city council or selectmen shall, by vote, designate some other officer, the town counsel or other person to have said custody or control of either all or part of the

same.

This chapter makes it the duty of all our cities and towns to take care of all the books, reports and laws that may be bestowed upon them by the Commonwealth, and requires of them the task of providing a suitable place for the preservation and convenient use of all such books, reports and laws. The authority conferred and the duty created by this statute are to preserve and keep. The only relief against this burdensome situation, that I have been able to find, is contained in chapter 422 of the Acts of 1908, wherein it is enacted that

In case a city or town at any annual city or town election shall vote not to receive the series of public documents, and the commissioner of public records shall report to the secretary of the commonwealth that in his opinion such city or town is unable to make suitable provision for the care and use of such documents, he may discontinue sending such documents to such city or town.

I regret to say that I am forced to the opinion that towns and cities have no authority to dispose of the books, reports and laws specified in chapter 142 of the Acts of 1908, above quoted, in any other way than to provide a suitable place for their preservation and convenient use, except as provided by chapter 422 of the Acts of 1908.

Very truly yours,

THOMAS J. BOYNTON, Attorney-General.

Civil Service-Sealer of Weights and Measures in Lowell. The sealer of weights and measures in Lowell is not subject to civil service

Civil Service Commission.

rules.

APRIL 13, 1914.

GENTLEMEN: You have requested my opinion upon the following questions:

First. Was the enactment of chapter 645 of the Acts of 1911 in effect a repeal of the provisions of chapter 382 of the Acts of 1909, and, therefore, does it exempt this position in the city of Lowell from the operation of the civil service law and rules?

Second. Does the fact that by said section 39 of chapter 645 of the Acts of 1911 providing for the election by the municipal council of a sealer of weights and measures exempt the office from civil service classification in view of the provisions of section 9 of chapter 19 of the Revised Laws above referred to?

Section 9 of chapter 19 of the Revised Laws exempts from civil service classification judicial officers and all officers elected by the people or whose appointment is subject to confirmation by a city council.

Under the authority conferred by chapter 382 of the Acts of 1909 the Civil Service Commission prepared and promulgated a rule of classification which became effective Sept. 1, 1909, and which reads as follows:

RULE 7.

Class 6. All principal or assistant sealers of weights and measures holding office by appointment under any city, or any town of over ten thousand inhabitants, whether such officers are heads of principal departments or not, and also the inspectors of weights and measures of the Commonwealth.

By section 37 of chapter 645 of the Acts of 1911, which is an act to amend the charter of the city of Lowell, it is provided:

There shall be the following administrative officers, who shall perform the duties prescribed by law for them, respectively, . . . as the municipal council may prescribe, a sealer of weights and meas

ures.

...

Section 39 of the last-mentioned chapter provides that

The municipal council shall have the power to elect the administrative officers named in section thirty-seven.

Section 66 of said chapter provides:

All special acts and parts of special acts inconsistent herewith are hereby repealed, and no general act or part of a general act inconsistent herewith shall hereafter apply to the city of Lowell. . .

The provisions of Rule 7, above quoted, relate to sealers of weights and measures holding office by appointment, while the charter of the city of Lowell makes the office of sealer of

weights and measures in that city elective. Îf we give to the rule made by the Civil Service Commission the force and effect of law, yet the provision of the charter is a later enactment, making a special and exceptional provision in regard to the office of sealer of weights and measures in the city of Lowell, and apparently is intended to deal with the whole subject of election to the office of sealer of weights and measures in that city. The provisions of the chapter are also entirely inconsistent with the civil service rule. It is my opinion, therefore, that the charter of the city of Lowell, by reason of the special provisions it contains, exempts the position of sealer of weights and measures in that city from civil service classification.

A law requiring the payment of a license fee of $6,000 per annum by any firm furnishing trading stamps with any sale of goods would be unconstitutional.

Committee on Mercantile Affairs.

APRIL 17, 1914.

GENTLEMEN: You have requested my opinion as to the constitutionality of House Bill No. 1643, entitled "An Act relative to the use of stamps, coupons and similar devices for or with the sale of goods, wares and merchandise.”

This bill provides that every person, firm or corporation furnishing stamps, coupons, tickets, certificates, cards or other similar devices to any other person, firm or corporation to use in, with or for the sale of any goods, wares or merchandise shall be required to obtain annually "a separate license from the auditor of each county wherein such furnishing or selling or using shall take place, for each and every store or place of business in that county owned or conducted by such person, firm or corporation, from which such furnishing or selling or in which such using shall take place." By section 2 of this bill it is provided that the sum of $6,000 per license shall be paid, and in addition to this, that every person, firm or corporation who shall use any stamps, coupons, tickets, certificates, cards or other similar devices in, with or for the