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dermen.

shall, annually, in the month of April, when thereto re- mayor and alquested by two or more citizens of said cities or towns, ap- 1841, 119, § 1. point one or more persons as measurers of upper leather, who shall be sworn to the faithful discharge of their duty.

measuring and

leather.

14. It shall be the duty of said measurers, appointed, To attend to as aforesaid, to go, whenever requested, to any place within sealing upper the town or city for which they are appointed measurers, Ibid, § 2 to measure and seal any number of sides of upper leather, made of the hides of neat cattle, buffalo or other animal, usually heretofore sold by measure, except such as shall have been previously measured and sealed by one of the measurers of the same town or city, or of some other town or city in this state, or by some person lawfully appointed for that purpose, in some other of the United States.

measures and

purpose, &c.

bid § 3.

15. Each measurer shall furnish himself with proper To procure racks or measures, for the purpose of ascertaining the num-seals for the ber of square feet in each side of upper leather which he shall be requested to measure, and also suitable seals, and shall impress thereon his name, and the name of the place for which he is a measurer, at full length, and also the measure thereof in square feet, as low as a quarter. 16. If any person shall counterfeit, wilfully alter, or Penalty for coundeface such marks on any side of upper leather so measur- measurers' ed, he shall, for each offence, forfeit the sum of twenty-five Ibid, § 4. dollars, one half to the use of the complainant, and one half to the use of the town where such offence shall have been committed.

terfeiting, &c.,

marks.

er, and how

17. Every measurer shall be paid for measuring and Fees of measur sealing each side of upper leather, the sum of one cent, paid. which shall be paid by the person who shall have requested him to measure and seal the same.

Ibid, § 5.

LIBRARY.

City of Boston

authorized to

STATUTE.

City of Boston authorized to establish a public library.

By the act of 1848, c. 52, the city of Boston is author

establish a pub-ized to establish and maintain a public library, for the use

lic library.

1848, 52,

of the inhabitants of the said city; and the city council of the said city may, from time to time, make such rules and regulations, for the care and maintenance thereof, as they may deem proper; provided, however, that no appropriations for the said library shall exceed the sum of five thousand dollars, in any one year.1

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5. Licenses to sell wine, &c., may 11. Licenses may be granted for

be granted without fee.

6. The mayor and aldermen, &c.,

the sale of intoxicating liquors, for mechanical and medicinal purposes only.

1 The second section of this act contained a provision that it should be null and void unless it should be accepted by the city council within sixty days after its passage. The act was passed March 18, 1848. It was accepted April 3, 1848. See City Records, vol. 26, p. 125.

For general provisions concerning libraries and lyceums, see R. S. c. 41, and 1846, c. 94.

retailers' licen

ed by commis

mayor and al

R. S. 47, § 17.

specify place,

1. The commissioners, in the several counties, may Innholders' and license, for the towns in their respective counties, as many ses may be grantpersons to be innholders, or retailers therein, as they shall sioners, and the think the public good may require; and the mayor and dermen, &c. aldermen of the city of Boston may, in like manner, license innholders and retailers, in the said city; and the court of common pleas in the county of Suffolk may, in like manner, license innholders and retailers in the town of Chelsea; and Licenses shall every license, either to an innholder or retailer, shall con- and shall protect tain a specification of the street, lane, alley, or other place, and the number of the building, or some other particular description thereof, where such licensed person shall exercise his employment; and the license shall not protect any such person from the penalties, provided in the fortyseventh chapter of the Revised Statutes, for exercising his employment in any other place, than that which is specified in the license.

no other.

licenses in

Ibid, § 18.

2. The mayor and aldermen of the city of Boston may Victuallers' license, for the said city, as many persons to be common Boston. victuallers, as they shall think the public good may require;1 and every such license shall contain such a specification or description, as is mentioned in the preceding section, of the street, or other place, and of the building, where the licensed person shall exercise his employment; and the license shall not protect him from the penalties, provided in said forty-seventh chapter, for exercising it in any other place.

expire on the

Ibid, $19.

3. All licenses to any innholder, retailer, or common All licenses to victualler, shall expire on the first day of April, in each first of April. year; but any license may be granted or renewed, at any time during the preceding month of March, to take effect from the said first day of April; and after that day, they may be granted for the remainder of the year, whenever the officers authorized to grant the same shall deem it expedient.

4. Every person who shall be licensed as before pro- Fee for licenses vided, shall pay therefor to the clerk of the city of Boston,

1 See House of Correction, p. 229, § 36, ante.

Ibid, $ 20.

Licenses to sell wine, &c., may

out fee.

Ibid, § 21.

the clerk of the court of common pleas for the county of
Suffolk, or to the clerk of the commissioners of the respect-
ive counties so licensing said person, one dollar, which shall
be paid by said clerks to the treasurers of their respective
counties, for the use of said counties; and such person
shall also pay twenty cents to the use of the said clerks
respectively; and no other fee or excise whatever shall
be taken from any person, applying for or receiving a
license, under the provisions of the said chapter.

5. Any license to an innholder, retailer, or common be granted with victualler, may be so framed as to authorize the licensed person to sell wine, beer, ale, cider, or any other fermented liquor, and not to authorize him to sell brandy, rum, or any other spiritous liquor; and no excise or fee shall be required for such a license.

The mayor and aldermen, &c.,

shall forbid inn

holders, &c.,

selling to spend

thrifts, Ibid, § 14.

Such prohibition, to be renewed,

effected.

6. When any person shall, by excessive drinking of spiritous liquors, so misspend, waste or lessen his estate, as thereby either to expose himself or his family to want or indigent circumstances, or the town to which he belongs to expense, for the maintenance of him or his family, or shall so habitually indulge himself in the use of spiritous liquors, as thereby greatly to injure his health or endanger the loss thereof, the selectmen of the town, in which such spendthrift lives, shall, in writing under their hands, forbid all licensed innholders, common victuallers and retailers of the same town, to sell to him any spiritous or strong liquors aforesaid, for the space of one year; and they may in like manner forbid the selling of any such liquors to the said spendthrift, by the said licensed persons of any other town to which the spendthrift may resort for the same; and the city clerk of the city of Boston shall, under the direction of the mayor and aldermen thereof, issue a like prohibition, as to any such spendthrift living in the said city.

7. The said mayor and aldermen, and said selectmen, if no reform is' shall, in the same manner, from year to year, renew such prohibition, as to all such persons as have not in their opinion reformed within the year; and if any innholder, comsuch prohibition. mon victualler or retailer, shall, during any such prohibition,

Ibid, 15.

Penalty for transgressing

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sell to any such prohibited person, any such spiritous liquor, he shall forfeit for each offence twenty dollars.

8. When the said mayor and aldermen, or selectmen, Same subject. Ibid, $ 16. in execution of the foregoing provisions, shall have prohibited the sale of spiritous liquors to any such spendthrift, if any person shall, with a knowledge of said prohibition, give, sell, purchase, or procure for and in behalf of such prohibited person, or for his use, any such spiritous liquors, he shall forfeit for each offence twenty dollars.

in Boston.

9. The mayor and aldermen of the city of Boston shall Licensed houses exercise and perform all the powers and duties of county R. s. 84, $8. commissioners, relating to licensed houses in the said city, as is prescribed in the forty-seventh chapter of the Revised Statutes.

thorize the keep

&c., without

liquor.

10. Any license to an innholder or common victualler License may aumay be so framed as to authorize the licensed person to ing of an inn, keep an inn or victualling house, without authority to sell authority to sell any intoxicating liquor, and no excise or fee shall be re- 1837, 242, § 2. quired for such license: provided, that nothing contained in this, or the nine preceding sections, shall be so construed as to require the county commissioners to grant any licenses when, in their opinion, the public good does not require them to be granted.

granted for the

cating liquors,

and medicinal

purposes only.

1850, 232, § 2.

11. The county commissioners, in the several counties, Licenses may be upon the recommendation of the selectmen of the towns in sale of intoxiwhich such persons may reside, and the mayor and alder- for mechanical men of the several cities, may authorize, by license, for a period of time not exceeding one year, and revocable at their pleasure, as many persons as they shall think the public good may require, to sell, in the towns or cities where they reside, intoxicating liquors in a less quantity than twenty-eight gallons, and that delivered and carried away all at one time, for mechanical and medicinal purposes only. 1

1 For general laws respecting the sale of spiritous liquors, see R. S. c. 47; 1837, c. 242; 1840, c. 1; 1844, c. 102, 160; and 1850, c. 232.

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