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ment and recovery o. damages for lands taken in said city of Boston for public highways or streets.

In certain

towns main drains and sew

SECT. 3. In any city or town in which chapter one hundred and fifteen of the statutes of eighteen hundred and forty-one has been accepted ers may be laid. according to the provisions of that act, and in any city in which this

9 Cush. 233.

and the three following sections of this chapter have been accepted by the city council, and in any town in which the same have been accepted by the legal voters at a meeting called for that purpose, the mayor and aldermen of the city and the selectmen of the town may lay, make, maintain, and repair, all main drains or common sewers; and all the main drains or common sewers shall be the property of such city or town.

Persons enter

ing drains into be assessed, &c.

drain to

1841, 115, § 2.

Such assess

SECT. 5. Assessments so made shall constitute a lien on the real ments to consti- estates assessed for one year after they are laid, and may, together with

tute a lien.

1811, 115, § 3.

incidental costs and expenses, be levied by sale thereof if the assessment is not paid within three months after a written demand for payment, made either upon the person assessed or upon any person occupying the estate; such sale to be conducted in like manner as sales for the nonpayment of taxes.

Party aggrieved

may have jury.

Mode of pro-
ceeding.
1841, 115, § 4.
See § 10.

SECT. 6. A person aggrieved by such assessment may, at any time within three months from receiving notice thereof, apply for a jury. Such application shall be made in like manner and the proceedings thereon shall be the same as in case of lands taken for laying out of highways: provided, that before making his application the party shall give one month's notice in writing to the selectmen or mayor and aldermen of his intention so to apply, and shall therein particularly specify his objections to the assessment made by them; to which speci fication he shall be confined upon the hearing by the jury.

Part of expense

SECT. 7. Nothing herein contained shall prevent a city or town from may be paid by providing, by ordinance or otherwise, that a part of the expense of con

structing, maintaining, and repairing, main drains or common sewers, shall be paid by such city or town. And in the city of Boston, not less than one-quarter part of such expense shall be paid by the city, and shall not be charged upon those using the main drains or common sewers.

SECT. 8. Whoever digs or breaks up the ground in a highway, street, or lane, in any town, for the laying, altering, or repairing, of 3 drain or common sewer, without the consent of the selectmen in writing, shall forfeit five dollars for each offence to the use of the town.

Drains, &c.,

SECT. 9. All drains and common sewers in a street or highway, shall how to be con- be substantially made or repaired with brick or stone, or with such

structed.

R. S. 27, § 2.

other materials, and in such manner, as the selectmen of the town shall permit or direct.

How, in Boston.

1841, 115, § 5.

Highways, &c., when may be dug up to lay drains, &c. R. S. 27, § 1.

SECT. 4. Every person who enters his particular drain into such main drain or common sewer, or who, by more remote means, receives benefit thereby for draining his cellar or land, shall pay to the city or town a proportional part of the charge of making and repairing the same, to be ascertained, assessed, and certified, by the mayor and aldermen or selectmen, and notice thereof shall be given to the party to be charged, or his tenant or lessee.

Persons benefit

ed to share expense of making drains, repairing, &c. R. S. 27, § 3. See § 13.

SECT. 10. When a person, by the consent and under the direction of the selectmen, at his own charge, makes and lays a common sewer or main drain for the benefit of himself and others who think fit to join therein, every person who afterwards enters his particular drain into the same, or by any more remote means receives benefit thereby for the draining of his cellar or land, shall pay to the owners of such common sewer or main drain, a proportional part of the charge of making and repairing the same, to be determined by the selectmen of the town and certified under their hands; saving always to the party aggrieved by any such determination the right to a trial by jury, as provided in sec

tion six.

share expense structions, &c.

SECT. 11. When a common sewer or main drain is stopped or gone Persons benefitto decay, so that it is necessary to open the same in order to repair it ed by drains to or to remove such stoppage, all persons benefited by such repair or of removing obremoval of obstructions, as well those who do not as those who do cause R. S. 27, §4. such repairs to be made or obstruction to be removed, shall pay to the person incurring the expense their proportional parts thereof, to be determined as provided in the preceding section.

portions, shall

&c.

SECT. 12. Every person so required to pay his proportional part of refusing to the expense of making or repairing a drain or common sewer, shall have pay their pronotice of the sum and of the person to whom the same is to be paid; pay double the and if he does not, within seven days after such notice, pay the same to R. S. 27, § 5. the person authorized by the selectmen to receive it, he shall be held to pay double the amount certified by the selectmen as aforesaid, with all expenses arising upon such neglect; and the person so authorized by the selectmen may recover the same in an action of contract in his own

name.

any

R. S. 27, § 6.

SECT. 13. Whoever has occasion to open a common sewer or main Notice to be drain in order to clear and repair the same, shall, seven days at least given before before he begins to open the same, give notice to all parties interested, drain. by advertising in such manner as the selectmen may direct, that such parties may, if they think proper, object thereto and state their objections in person or in writing to the selectmen; and if the selectmen judge the objections reasonable, the parties making the same shall not be held to pay any part of such expenses; but if they do not make their objections to the selectmen within three days after such notice, or if the objections are not adjudged reasonable, the selectmen shall in writing under their hands give liberty to the persons applying, to open such common sewer or main drain, and to clear and repair the same; and all persons interested therein shall pay their proportions to be determined as provided in section ten.

SECT. 14. Nothing contained in this chapter shall affect any cove- Agreements of nants or agreements among the proprietors of such drains or common fected.

owners af

R. S. 27, § 7.

sewers.

TITLE XIII.

OF THE REGULATION OF TRADE IN CERTAIN CASES.

CHAPTER 49.-Of the Inspection and Sale of Provisions and other Merchandise.
CHAPTER 50.- Of Sales by Auctioneers, and Hawkers and Pedlers.

CHAPTER 51.-Of Weights and Measures.

CHAPTER 52.-Of Shipping and Pilotage.

CHAPTER 53. — Of Money, Bonds, Bills of Exchange and Promissory Notes.
CHAPTER 54.-Of Agents, Consignees, and Factors.

CHAPTER 55.-Of Limited Partnerships.

CHAPTER 56.

Of the Unauthorized Use of Trade-marks and Names.

CHAPTER 49.

OF THE INSPECTION AND SALE OF PROVISIONS AND OTHER
MERCHANDISE.

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133. Boards and planks.

134. Joists and dimension timber.

MARBLE.

145. City and town authorities may establish ordinances for survey of marble.

&c.

136. Ash, maple, &c., boards, &c.

137. Hewn timber.

METALS AND ORES.

146. Assayers of ores and metals; appointment. 147. Duties and compensation.

MILK.

148. Inspectors of milk, how appointed, to be sworn and give notice.

149. to keep office, books, &c.

May enter

stores, &c., and take and analyze milk, &c. 150. Measures to be sealed.

151. Penalty for neglect to record name, &c.; for selling by measures not sealed, &c. ; for selling adulterated milk, &c.

NAILS.

152. Nails and brads, how to be made and packed.

153. Manufacturer's name to be branded on cask. 154. Forfeiture and penalty.

155. Penalty for counterfeiting brand, shifting contents of casks, &c.

156.

121. Quality of lime and casks.

122. Description of casks for Maine lime. Same rules, &c., except as to size of casks.

123. Penalty for selling in other casks, &c.
121. Forfeitures.

125. Penalty for shifting contents of casks.
LUMBER, ORNAMENTAL WOOD, AND SHIP TIM-173.

BER.

126. Surveyor-general of lumber for Suffolk and vicinity appointed by governor, to give

bond, &c.

OILS.

157. What shall be deemed pure spermaceti oil. 158. Penalty for adulteration.

159.

for selling adulterated oil as pure oil. 160. Same subject.

161. Test to be Harris's oleometer.

for attempting to transport out of state nails not branded, &c.

PAPER.

162. Paper, how packed and marked.

163. Penalty for selling paper not packed, &c. 164. Forfeiture.

POT AND PEARL ASHES.

165. Inspector-general to give bond.

166. Deputies to be appointed, to give bonds,

and be sworn.

167. Casks, quality and size of.

168.

how branded.

169. Ashes, how inspected; sorts, &c.

170. Casks to be weighed.

171. Penalty for unreasonable delay.
172. Inspector-general to make returns.
Fees.

174. Inspector's proportion of deputies' fees.
175. Inspectors may search vessels. Forfeiture.
176. Penalty on masters, &c., for receiving ashes

not branded.

177.

178.

179.

for obstructing search.

for branding falsely.

for shifting contents of casks.

POTATOES, ONIONS, AND SALT.

180. Potatoes, onions, and salt; weight, measurement. Penalties.

WOOD, BARK, AND COAL.

135. Spruce, hemlock, juniper, southern pine, 181. Dimensions of cord wood.

182. Penalty for selling wood, &c., not measured. 183. Fees.

138. Oak, juniper, and spruce knees.

184. Wood brought by water, how measured. Towns may make regulations, &c.

139. Mahogany and cedar.

185. Carters to have tickets.

140. Hewn and round ship timber. White and 186. Cities may regulate inspection and sale of

Norway pine, how marked.

bark.

Inspectors-general, how appointed.

To be sworn,

Deputy-inspect-
R. S. 28, § 4.

ors.

Weighers of beef, when and how appointed. R. S. 28, § 36.

Fees for weigh-
ing.
R. S. 28, § 38.

Bread, weight of, how sold. 1859, 174, § 1.

APPOINTMENT OF INSPECTORS-GENERAL, &C.

SECTION 1. There shall be inspectors-general of butter and lard, fish, hops, leather, and pot and pearl ashes, appointed by the governor with the advice and consent of the council, for the term of five years from R. S. 28, 551, 2, the time of their respective appointments, unless sooner removed by

&c.

3.

the governor and council, who, before entering upon the duties of their respective offices, shall be sworn. The inspectors-general now in office shall hold their offices according to the term of their respective commissions unless sooner removed.

prices of, &c.,

to be displayed,

where sold. 1859, 174, § 3.

to be weighed, &c.

1859, 174, § 4.

Penalty.
1859, 174, §5.

Inspector-gen-
eral of butter,
&c., to give
bond.
R. S. 28, § 44.

SECTION

SECTION

187. Certain coals to be sold by weight, except, 191. Form and dimensions of charcoal measures,
&c.
192. Dimensions of charcoal boxes, bins, or cans.

188. Weighers who are not sellers to be ap-193. Penalties for illegal measures.

pointed and sworn.

189. Seller to procure certificate of weight.

190. Forfeiture, &c.

194. Persons to be appointed to seize illegal measures, &c., and arrest without warrant, &c.

BREAD.

SECT. 5. A loaf of bread for sale shall be two pounds in weight. Bread, except that composed in chief part of rye or maize, shall be sold in loaves, half, three-quarter, and quarter, loaves, but not otherwise.

SECT. 6. In every shop or place where bread is sold by retail, and in each front window thereof, there shall be conspicuously placed a card, on which shall be legibly printed a list of the different kinds and qualities of loaves sold there, with the price of each by the loaf, balf, threequarter, and quarter, loaf.

SECT. 7. Bread sold in any shop or place shall be weighed in pres ence of the buyer, and if found deficient in weight, bread shall be added to make up the legal weight.

SECT. 8. Whoever violates either of the provisions of the three preceding sections shall forfeit ten dollars for each offence, to be recovered in an action of tort to the use of the party suing therefor.

SECT. 9. The four preceding sections shall not apply to rolls or fancy 1859, 174, §§ 2, 4. bread weighing less than one-quarter of a pound.

Rolls, &c.

SECT. 2. Each inspector-general may appoint deputy-inspectors removable at his pleasure, who shall once in every six months make such returns to him as he requires to carry into effect the provisions of this chapter.

BEEF.

SECT. 3. The mayor and aldermen and selectmen of each city and town where beef cattle are sold for the purpose of market or barrelling, shall appoint one or more persons, conveniently situated in such city or town, and not dealers in cattle, to be weighers of beef; who shall be

sworn.

SECT. 4. The fees for weighing shall be as follows: For weighing any number of cattle not exceeding five, twenty cents each; for all above five and not exceeding ten, fifteen cents each; for all above ten and not exceeding twenty, ten cents each; for all above twenty, five cents each after the first twenty; and twelve and a half cents for each certificate, which shall contain the several weights of all the cattle offered for weight by one person, unless otherwise regulated by the seller thereof; which shall be paid by the seller.

BUTTER AND LARD.

SECT. 10. The inspector-general of butter and lard shall give bond with sufficient sureties to the treasurer of the commonwealth, in the penal sum of one thousand dollars.

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