the Commonwealth, and having a regular and established place of business in said city or town where the goods, wares or merchandise are to be sold. And said auctioneer must, if a nonresident of the city or town. where he has his place of business, receive from the mayor and aldermen of the said city or the selectmen of the town a permit to hold sales by auction in said city or town, and said mayor and aldermen of the city or the selectmen of the town may require a special license fee for the holding of sales. Any person violating any of the provisions of this section shall be punished by a fine of not more than one hundred dollars. (Rev. Laws, chap. 64, sect. 7.)

NOTE. The Corporation Counsel of the city of Boston has given an opinion, under date of December 3, 1912, in which, referring to the sentence next to the last in section 8, he says:

"In Boston the power conferred upon the mayor and aldermen to grant licenses to auctioneers under sect. 1 of chap. 64 of the Revised Laws has been transferred to and is exercised by the police commissioner. The license to be granted by the mayor and aldermen under sects. 6 and 7 of the same chapter is one to do substantially the same thing. In my opinion the construction and interpretation of chap. 64 relating to auctioneers should be uniform as far as possible. The city council therefore has no jurisdiction over the subject matter of this petition."

9. If any person sells or offers for sale by auction any goods or chattels, except as is provided by Rev. Laws, chap. 64, such goods or chattels shall be forfeited to the use of the city or town in which such sale is made, and may be seized by the mayor and aldermen or selectmen, and libeled according to the provisions of Rev. Laws, chap. 200. (Rev. Laws, chap. 64, sect. 11.)

10. The tenant or occupant of a house or store, having the actual possession and control of the same, who knowingly permits a person to sell real or personal estate by public auction in such house or store, or in any apartment or yard appurtenant to the same, contrary to

the provisions of Rev. Laws, chap. 64, shall forfeit a sum not exceeding five hundred dollars. (Rev. Laws, chap. 64, sect. 8.)

11. If a person not licensed and qualified as an auctioneer sells or attempts to sell any real or personal estate by public auction, he shall for each offence forfeit a sum not exceeding five hundred dollars. (Rev. Laws, chap. 64, sect. 12.)

12. Nothing in the preceding sections shall extend to sales made by sheriffs, deputy sheriffs, constables, collectors of taxes, executors, administrators, guardians, assignees of insolvent debtors, or by any other person required by law to sell real or personal estate. (Rev. Laws, chap. 64, sect. 15.)

13. Every auctioneer or other person who is guilty of fraud or deceit in relation to a sale by auction shall for each offence forfeit a sum not exceeding one thousand dollars. (Rev. Laws, chap. 64, sect. 13.)

14. Any person who sells or attempts to sell by auction, or who advertises for sale any goods, wares or merchandise in any city or town in the Commonwealth, falsely representing or pretending that such goods, wares and merchandise are in whole or in part a bankrupt or insolvent stock, or damaged goods, or goods saved from a fire, or making any false statement as to the previous history or character of such goods, wares and merchandise, shall be punished by a fine of not more than one hundred dollars, and shall be further liable in an action of contract to any person purchasing any such goods, wares and merchandise, because of such representation or statement, in a sum of money three times the amount paid for such goods, wares or merchandise. (Rev. Laws, chap. 64, sect. 14.)

15. If an auctioneer makes a sale by auction at a place not authorized by his license, he shall be liable to like penalties as if he had sold without a license. (Rev. Laws, chap. 64, sect. 9.)

(See Commonwealth v. Harnden, 19 Pick. 482.)

16. The police commissioner may for such cause as

he deems satisfactory and without a hearing suspend and make inoperative any licenses issued by him. 1909, chap. 221.)

RULE 57.-PUBLIC LODGING HOUSES.

(Stats.

1. The police commissioner will, upon petition, license suitable persons to keep public lodging houses. Applications for new licenses under this rule may be filed at any time. Applications for the reissue of licenses already existing should be filed at least thirty days before the expiration of such licenses. All licenses issued under this rule shall expire annually on the thirtyfirst day of April except that licenses may be issued in April to be valid for twelve months beginning the next succeeding first day of May. Persons whose licenses have expired and have not been reissued will be liable to prosecution if carrying on the business for which the license is required. Such applications and licenses shall specify the street or other place, and the number of the building, or give some other particular description thereof, in which the licensee shall exercise his employment; and the license shall not protect a person exercising his employment in any other place than that so specified. No fee shall be charged for such license. (Stats. 1906, chap. 242, sect. 2.)

2. Every building in the city of Boston not licensed as an inn, in which ten or more persons are lodged for a price of twenty-five cents or less for each person for a day of twenty-four hours, shall be deemed a public lodging house. (Stats. 1904, chap. 242, sect. 1.)

3. No such license shall be granted until the inspector of buildings has certified that the building is provided with sufficient means of escape in case of fire; and that suitable appliances are provided for extinguishing fires and for giving alarm to the inmates in case of fire; and said inspector may from time to time require such alterations to be made or such additional appliances to be provided as may in his judgment be necessary for the protection of life and property in case of fire. (Stats. 1904, chap. 242, sect. 3.)

4. No such license will be granted until the board of health has certified that the building is provided with a sufficient number of water-closets and urinals, and with a good and sufficient means of ventilation; and said board may from time to time require the licensee to thoroughly cleanse and disinfect all parts of said building and the furniture therein, to the satisfaction of said board. (Stats. 1904, chap. 242, sect. 4.)

5. In every public lodging house a register shall be kept, in which shall be entered the name and address of each lodger, together with the time of his arrival and departure, and such register shall at all times be open to the inspection of the police. (Stats. 1904, chap. 242, sect. 5.)

6. The keeper of every public lodging house shall, at all times when required by any officer of the building department, the health department or the police department, give him free access to said house or any part thereof. (Stats. 1904, chap. 242, sect. 6.)

7. Whoever keeps or holds himself out as keeping a public lodging house without being duly licensed as hereinbefore provided, and whoever is concerned or financially interested in any public lodging house, the keeper of which is not so licensed, shall be punished by a fine not exceeding one hundred dollars; and any keeper of a public lodging house who violates any provision of this act shall be punished by a fine of one hundred dollars, and the licensing board (the police commissioner) shall immediately revoke his license. (Stats. 1904, chap. 242, sect. 7.)

RULE 58.- HACKNEY CARRIAGES.

1. Every vehicle, except a street car or a sightseeing automobile, used or to be used for the conveyance of persons for hire from place to place within the city of Boston, shall be deemed to be a hackney carriage within the meaning of this rule.

A sight-seeing automobile as defined in Acts of 1913, chapter 592, section 1, is an automobile which is capable of seating eight or more persons and is used or offered for the transportation of passengers for hire.

No person shall drive or have charge of a hackney carriage, nor shall any person or corporation set up and use a hackney carriage unless licensed thereto by the police commissioner.

No owner or person having the care or ordering of a hackney carriage shall suffer or allow any person other than a driver licensed by the police commissioner to drive such carriage.

Any person or corporation violating any of the provisions of this rule shall forfeit and pay a fine not exceeding twenty dollars for each offense; and any licensed owner or driver who violates any of the provisions of this rule shall, in addition to said penalty, thereupon become liable to forfeit his license and be disqualified to hold a license thereafter.

2. The police commissioner will grant licenses to suitable persons who are owners of such vehicles to set up and use them as hackney carriages, and to persons who are qualified as drivers and in other respects, to drive and have charge of hackney carriages. The fee for each owner's license shall be one dollar for each hackney carriage to be used, and for each license of a driver of a hackney carriage, fifty cents. The police commissioner reserves the right to suspend or to revoke at his discretion any license or permit issued under this rule.

New applications for license and for permits for special stands may be filed with the police commissioner at any time, but applications for the renewal of licenses and permits already in force shall be filed annually in May or June. They shall be made on official forms provided by the inspector of carriages, shall contain all the information therein required and shall be examined and reported on by the said inspector or other police officer designated for the purpose. All licenses and permits shall become void on the first day of July annually, except such as are granted in June as valid for the year beginning on the next succeeding first day of July.