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Superintendent may make de
12. The superintendent of alien passengers in any city
mand for bonds or town of this commonwealth, may make all demands for bonds under the preceding section, and all examinations of alien passengers, brought or coming into this state by water, necessary to enforce the provisions of all acts in relation to alien passengers.
Ibid, § 2.
Paupers may be
13. Upon the complaint of superintendents of alien passengers, justices of the peace may, by warrant directed to, and to be executed by any constable, or any other person therein designated, cause any pauper, residing or found in their towns, having no lawful settlement, within this state, to be sent and conveyed, at the expense of the state by land or water, to any other state, or to any place beyond sea, where he belongs, if the justice thinks proper, and if he may conveniently be removed; but if he cannot be so removed, he may be sent to and relieved, and employed in the house of correction or work-house at the public expense.1
14. Whenever any city or town shall have incurred any expense or charge for the support of any alien for whom a bond has been given, under the foregoing provisions, the claims of such city or town therefor, upon being approved by the auditor, may be paid by the treasurer of the commonwealth, whose duty it shall be to cause the same to be forthwith collected of the obligors in such bond, and paid into the treasury of the commonwealth.
15. The superintendents of alien passengers shall, on or before the fifteenth day of December of each year, make returns of all moneys by them received and expended, to the treasurer of the commonwealth, and said returns shall show the details of every account for which said moneys have been received and expended.
1 The act of 1850, c. 105, § 5, repealed all acts and parts of acts, inconsistent with that act.
1. Mayor and aldermen may li cense theatrical and other exhibitions, &c.
2. Penalty for exhibition, &c. with-
3. Masked balls forbidden, under
dermen may license theatrical and other exhibi
9 Pick. 415.
1. The mayor and aldermen of any city, or the selectmen Mayor and alof any town, may license all theatrical exhibitions, public shows, public amusements, and exhibitions of every descrip- tions, &c. tion, to which admission is obtained upon payment of money, See ante, p. 13. or the delivery of any valuable thing, or by any ticket, or voucher, obtained for money, or any valuable thing, upon such terms and conditions as they shall think reasonable; and they may revoke or suspend the same whenever there shall appear to them to be sufficient cause for such revocation or suspension.
bition without a
2. Any person who shall offer view, or shall set up, Penalty for exhiset on foot, maintain, or carry on, or shall publish, or other- license. Ibid, § 2. wise assist in, or promote any such exhibition, show, or amusement, as mentioned in the preceding section, without a license as therein specified, shall be punished by a fine not exceeding five hundred dollars for each offence.
3. Any person who shall get up and set on foot, or Masked balls forbidden, under cause to be published, or otherwise aid in getting up and penalty. Ibid, $3. promoting any masked ball, or other public assembly, at which the company wear masks, or other disguises, and to which admission is obtained upon payment of money, or the delivery of any valuable thing, or by any ticket or voucher obtained for money, or any valuable thing, shall be punished by a fine not exceeding five hundred dollars; and for a repetition of the offence, by imprisonment in the common jail or house of correction, not exceeding one year.
Mayor and alder-
Conditions to be inserted in the license.
R. S. 29, § 13.
Penalty for selling in Boston, contrary to license. Ibid, 14.
1. By the operation of the city charter, transferring all the powers of the selectmen of Boston to the mayor and aldermen, and of the statute of 1795, c. 8, § 1, in force when the city charter was adopted, the power of licensing auctioneers in Boston, is in the mayor and aldermen.
2. In all licenses granted to auctioneers in the city of Boston, the mayor and aldermen may make such conditions, respecting the places of selling goods and chattels by auction, within said city, as they shall think expedient.
3. If any person shall make any sale by auction in the city of Boston, at any place not authorized by his license, he shall be subject to the like penalties as for selling by auction without license; and the same shall be recovered, by action of debt, or by indictment, to the use of the city of Boston. 4. The owner, tenant or occupant of any house or store, having the actual possession and control of the same, their premises. who shall allow or permit any person, licensed as aforesaid,
Tenants, &c., answerable, if they permit unlicensed sales in
1819, 132, § 2.
1. Mayor and aldermen may li-
2. Conditions to be inserted in the
3. Penalty for selling in Boston, contrary to license.
4. Tenants, &c. answerable, if they permit unlicensed sales in their premises.
to sell any goods or chattels by public auction or out cry, in his said house or store, or in any apartment or yard appurtenant to the same, contrary to the conditions, limitations or restrictions, annexed to the license of such person, shall be liable and subject to the same penalties and forfeitures, to be prosecuted for and recovered in the same manner, as if such owner, occupant or tenant, had knowingly allowed or permitted any unlicensed person, to sell any goods or chattels, by public auction, or out cry, in his said house and store, or in any apartment or yard appurtenant thereunto. 1
1 For general laws respecting sales by auctioneers, see Rev. Stat. c. 29 ; also stat. 1837, c. 233; 1839, c. 111; 1843, c. 21; 1844, c. 36, 90; 1847, c. 264; 1849, c. 138; 1850, c. 42.
BOATS AND LIGHTERS.
1. Weighers of Lighters, &c., to be appointed by the mayor and aldermen.
2. Lighters, &c., to be marked. 3. Duty of weighers.
4. Deduction may be made of one ton for every inch, &c.
5. Persons on board, to keep between bulk head and fore chains, under penalty.
6. Marks to be examined every
8. Penalty for neglecting to have
9. Penalty for falsely placing
City council authorized to make
1. By the Revised Statutes, the mayor and aldermen Weighers of of the city of Boston are required to appoint, in the months be appointed by of March or April, annually, one or more weighers of vessels, who shall be sworn to the faithful discharge of the duties of that office.
the mayor and R. S. 31, § 1.
2. Every lighter or other vessel employed in transport- Lighters, &c. to ing any stone sold by weight, or any gravel or sand, is re- Ibid, $ 2. quired to be marked on the stem and stern post, nearly level with the bend of such vessel, with stationary marks of bar iron, not less than six inches in length, and two and a half inches in breadth, fastened with two good and sufficient iron bolts, driven through said stem and stern post, and riveted into the said bar iron, from which all other marks shall take their distance, in feet, inches, and parts of inches, as the distance may require, from the lower edge of the said stationary marks to the lower edge of the other marks; which marks shall be as follows, namely; light water marks, not less than four inches in length and one inch and a half in breadth; and every four tons above said light water marks, legibly cut, or cast, in figures, of 4, 8, 12, 16, 20, and so forth, up to the full capacity of the vessel; and said figures shall express the weight, which such vessel is capable of carrying, when the lower part of the respective numbers aforesaid shall touch the water; and all the said marks shall be of good and sufficient lead or
Duty of weigh-
Marks to be examined every
copper, fastened on the stem and stern post of each vessel with sufficient nails not less than one inch in length.
3. Every such weigher shall furnish all the requisite marks and nails, when thereto requested, and shall cause all such lighters and other vessels to be weighed and marked in conformity with the provisions of the preceding section, and during the time of so weighing and marking them, all the persons, employed on board of said vessels, shall be stationed between the bulk head and the fore chains thereof; he shall also keep a correct account of the distance of each mark, below the stationary marks, in feet, inches and parts of inches, in a book to be kept for that purpose, and give a certificate thereof, expressing the distance as aforesaid, to the master of every such vessel.
4. In taking the tonnage of every such vessel, a deduction may be made of one ton, for every inch that the light water marks may be under water, after such vessel shall have discharged their loading.
5. Every person, on board of any such vessel, who shall not keep within the bounds of the bulk head and fore chains, during the time of taking her marks, or while any weigher shall be employed in weighing or marking as aforesaid, unless in case of absolute necessity, shall forfeit a sum not exceeding twenty dollars for every offence.
6. All such vessels shall have their marks examined in the month of June in each year, by a sworn weigher, who shall ascertain if their marks agree with their former certificates, and, if so, shall certify the same accordingly; and in case such marks should not agree with the former certificates, the said weigher shall keep such certificates in his possession, to be used as evidence against the master or owner of said vessel, in any prosecution under the provisions of this chapter; and such vessel shall, moreover, in such case, be weighed again.
7. Every weigher of vessels shall be entitled to receive, from the owner or master of each vessel, weighed and marked according to the provisions of this chapter, the following fees, to wit; twenty cents for every ton of such vessel, and four dollars for furnishing marks, nails, and