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In certain towns main drains and sew
ment and recovery o. damages for lands taken in said city of Baston for public highways or streets.
SECT. 3. In any city or town in which chapter one hundred and fif
teen 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 J8t1:220.127.116.11.1, 6. and the three following sections of this chapter þave 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- Sect. 4. Every person who enters his particular drain into such main ing drains into drain or common sewer, or who, by more remote means, receives benefit be assessed, &c. thereby for draining his cellar or land, shall pay to the city or town a 1841, 115
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.
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 1841, 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 non.
payment of taxes. Party aggrieved SECT. 6. A person aggrieved by such assessment may, at any time may have jury. within three months from receiving notice thereof, apply for a jury. Mode of pro
Such application shall be made in like manner and the proceedings 1841, 115, $ 4. See § 10.
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 particnlarly 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 conHow, in Bos structing, maintaining, and repairing, main drains or common sewers, 1841, 115, 85.
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. Highways, &c., SECT. 8. Whoever digs or breaks up the ground in a highway, when may be dug up to lay
street, or lane, in any town, for the laying, altering, or repairing, of a drains, &c. drain or common sewer, without the consent of the selectmen in writR. S. 27, $ 1.
ing, 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 R. S. 27, 82 other materials, and in such manner, as the selectmen of the town shall
permit or direct.
Secr. 10. When a person, by the consent and under the direction pense of making of the selectmen, at his own charge, makes and lays a common sewer or drains, repair-o main drain for the benefit of himself and others who think fit to join
. R. S. 27, $ 3.
therein, every person who afterwards enters his particular drain into See § 13.
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 section six.
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 dobry 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.
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 pro, notice 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.
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 R. S. 27, § 6. 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. sewers.
R. S. 27, 87.
CHAPTER 49.- Of the Inspection and Sale of Provisions and other Merchandise.
OF THE INSPECTION AND SALE OF PROVISIONS AND OTHER
APPOINTMENT OF INSPECTORS-GENERAL, &c. SECTION
41. Penalty on inspector for neglect under pro 1. Inspectors-general to be appointed by the ceding section.
governor for five years. To be sworn. 42. Pickled fish inspected in other states not Present inspectors to continue in office, un- subject to reinspection. less, &c.
43. Small fish, how packed. 2. Deputy-inspectors.
44. Quality and capacity of casks.
45. Casks to be examined. BEEF.
46. Fees. 3. Weighers of beef, when and how appointed.
47. Inspector's proportion of deputies' fees. 4. Fees for weighing.
48. Alewives, &c., how prepared for packing. BREAD.
49. Sorts of alewives, &c. 5. Bread, weight of, how sold.
50. Quality and capacity of boxes. 6. prices of, &c., to be displayed, where sold. 51. Brands. 7. to be weighed, &c.
52. Fees. 8. Penalty.
53. Inspector-general to make returns, &c. 9. Rolls, &c.
54. Penalty for exporting alewives, &c., conBUTTER AND LARD.
trary to law; for substituting fish of info10. Inspector-general of butter, &c., to give
rior quality. Fish imported need not be bond.
reinspected. 11. Deputies to be appointed; to give bond
55. Fish, when forfeited. and be sworn.
56. Penalty for lading uninspected fish on 12. Manner of inspecting.
board of vessels.
57. 13. Brands of casks, &c.
for selling tainted fish for food.
58. 14. Size of kegs, and quality of casks.
for branding without inspecting, &c. 15. Casks, &c., to be filled with brine before
59. Quintal, weight of. packing; how branded.
60. Clam bait, weight, expense of weighing. 16. Inspector-general to make returns ; con
FRUIT, NUTS, AND VEGETABLES. tents. 17. Fees.
61. Fruit, nuts, and vegetables, to be sold by 18. Penalty for delaying to inspect.
dry measure. Penalty. 19. Imported butter, &c., not subject to inspec
62. Nuts and berries measured by the strike. tion.
GRAIN AND MEAL. 20. Penalty for counterfeiting brands. 21. for putting other butter into branded 63. Grain and meal to be sold by the bushel. kegs, &c.
64. Weight of bushel. 22. for exporting, &c., butter, &c., not in- 65. Measurers to be appointed. Duty. spected.
66. Penalty for short weight when measurer 23. When butter, &c., may be seized and not employed. libelled.
67. Fees of measurer, who to pay. CHOCOLATE.
68. Penalty for false weights, &c., or collusion, 24. Chocolate, how to be stamped.
&c. 25. Ingredients; boxes, how branded.
GUNPOWDER. 26. Chocolate made contrary to law may be
69. Quality and size of casks, &c., for gunseized, &c.
70. All casks to be marked. 27. Provers of fire-arms to be appointed and 71. Penalty for falsely marking, &c.
Sworn. 28. How fire-arms shall be proved.
HAY. 29. How stamped.
72. Weighers of hay to be appointed. 30. Fees.
73. duty of. 31. Penalty for buying, selling, &c., arms not
may be removed. proved.
75. Penalty for setting up hay scales without 32. for forging stamps.
76. Pressed hay, how branded. 33. Inspector-general to give bonds, and have
77. Forfeiture for selling without brand. no private interests in pickled fish.
78. Inspectors of bale or bundle hay, appoint34. may appoint deputies, who shall give ment of; to be sworn. bond and be sworn.
79. duties of. 35. Inspectors to inspect all fish, &o.
80. Hay, how numbered and marked. 36. Fish, how prepared, packed, and branded.
81. Inspectors to furnish weights, &c. 37. Number, measure, and quality, of mackerel,
82. Fees. salmon, shad, &c.
83. Penalty for selling without inspection. 38. Casks, &c., to contain same kind; penalty for shifting contents of.
HOOPS AND AVES. 39. how branded.
84. Cullers of hoops and staves to be chosen. 40. Fish of foreign catch subject to U. S. duty, 85. Quality and size of staves. how branded.
86. of hogshead hoops.
SECTION 87. Fees.
141, Fees. 88. Penalty for fraud in culling.
142. Penalty on surveyors for fraud, neglect, &c. 143.
on persons selling without survey. HOPS.
144. on person acting as surveyor without au89. Inspector-general to give bond.
thority. to appoint deputies.
MARBLE. 01. No hops to be exported without inspection, 145. City and town authorities may establish orexcept, &c.
dinances for survey of marble. 92. Quality, and how packed. 93. How inspected, sorted, and branded; fees.
METALS AND ORES. 94. Inspector's return.
146. Assayers of ores and metals; appointment. 8. Penalty for delay of inspectors.
147. Duties and compensation. for fraud. 97. for shifting contents of bags.
MILK. 98. for altering or counterfeiting marks. 148. Inspectors of milk, how appointed, to be for intermixing hops after inspection.
sworn and give notice. 100. for exporting uninspected hops.
149. to keep office, books, &c. May enter 101. Hops when forfeited.
stores, &c., and take and analyze milk, &c. 102. shipped coastwise, &c.
150. Measures to be sealed.
151. Penalty for neglect to record name, &c.; LEATHER, BOOTS, &c.
for selling by measures not sealed, &c.; for 103. Inspector-general to give bonds.
selling adulterated milk, &c. 101. Deputies to be appointed, who shall give bonds.
NAILS. 105. Leather to be weighed and stamped. 152. Nails and brads, how to be made and 106. Same subject.
packed. 107. Fees.
153. Manufacturer's name to be branded on casko 108. Sole and belt leather not to be sold until 154. Forfeiture and penalty.
inspected, weighed, and sealed, except, &c. 155. Penalty for counterfeiting brand, shifting 109. Penalty for buying or selling leather not contents of casks, &c. inspected.
156. for attempting to transport out of stato 110. for counterfeiting, &c., inspector's marks. nails not branded, &c. 111. when weight varies five per cent.
OILS. 112. Appointment of measurers of upper leather. 113. Duty of measurers.
157. What shall be deemed pure spermaceti oil. 114. Fees.
158. Penalty for adulteration. 113. Penalty for counterfeiting measurer's 159. for selling adulterated oil as pure oil. marks.
160. Same subject. 116. Manufacturers of boots, shoes, &c., may 161. Test to be Harris's oleometer. Etamp their articles; such stamp a war
PAPER. ranty. 117. Penalty for fraudulently stamping.
162. Paper, how packed and marked.
163. Penalty for selling paper not packed, &c. LIME AND LIME CASKS.
164. Forfeiture. 118. Inspectors of lime may be chosen ; to be
POT AND PEARL ASHES. worn. 119. Casks, how branded.
165. Inspector-general to give bond. 120. Fees.
166. Deputies to be appointed, to give bonds, 121. Quality of lime and casks.
and be sworn. 122. Description of casks for Maine lime. Same 167. Casks, quality and size of.
rules, &c., except as to size of casks. 168, how branded. 12. Penalty for selling in other casks, &c. 169. Ashes, how inspected ; sorts, &c. 124. Forfeitures.
170. Casks to be weighed. 125. Penalty for shifting contents of casks. 171. Penalty for unreasonable delay.
172. Inspector-general to make returns. LUMBER, ORNAMENTAL WOOD, AND SHIP TIM
173. Fees. BER. 126. Surveyor-general of lumber for Suffolk and 175. Inspectors may search vessels. Forfeiture.
174. Inspector's proportion of deputies' fees. vicinity appointed by governor, to give 176. Penalty on masters, &c., for receiving ashes bond, &c.
not branded. 127. to appoint deputies. Not to deal in lum
177. for obstructing search. ber.
178. 128. to receive applications and direct surveys. 179.
for branding falsely. 129. to keep record of surveys, fees, &c.
for shifting contents of casks. 130. to make annual return to secretary.
POTATOES, ONIONS, AND SALT. 131. Surveyors of lumber, appointment of.
180. Potatoes, onions, and salt; weight, meas132. duties of.
urement. Penalties. 133. Boards and planks. 134. Joists and dimension timber.
WOOD, BARK, AND COAL. 135. Spruce, hernlock, juniper, southern pine, 181. Dimensions of cord wood. &c.
182. Penalty for selling wood, &c., not measured. 136. Ash, maple, &c., boards, &c.
183. Fees. 137. Hewn timber.
184. Wood brought by water, how measured. 138. Oak, juniper, and spruce knees.
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.
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.
194. Persons to be appointed to seize illegal 189. Seller to procure certificate of weight.
measures, &c., and arrest without warrant, 190. Forfeiture, &c.
APPOINTMENT OF INSPECTORS-GENERAL, &C. Inspectors-gen- SECTION 1. There shall be inspectors-general of butter and lard, fish, eral, how appointed.
hops, leather, and pot and pearl ashes, appointed by the governor with To be sworn,
the advice and consent of the council, for the term of five years from R. S. 28, $$ 1, 2, the time of their respective appointments, unless sooner removed by
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 commis
sions unless sooner removed. Deputy-inspect- SECT. 2. Each inspector-general may appoint deputy-inspectors R. S. 28, $ 4.
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.
Weighers of SECT. 3. The mayor and aldermen and selectmen of each city and how appointed. town where beef cattle are sold for the purpose of market or barrelling, R. S. 28, $ 36. 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. Fees for weigh- SECT. 4. The fees for weighing shall be as follows: For weighing any ing. R. s. 28, § 38.
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.
Bread, weight Sect. 5. A loaf of bread for sale shall be two pounds in weight. of, how sold.
Bread, except that composed in chief part of rye or maize, shall be sold 1859, 174, $ 1. in loaves, half
, three-quarter, and quarter, loaves, but not otherwise. prices of, &c., SECT. 6. In every shop or place where bread is sold by retail, and in to be displayed, each front window thereof, there shall be conspicuously placed a card, 1859, 174, $ 3. on which shall be legibly printed a list of the different kinds and quali
ties of loaves sold there, with the price of each by the loaf, balf, three
quarter, and quarter, loaf. to be weighed,
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 1859, 174, $ 4.
to make up the legal weight. Penalty
SECT. 8. Whoever violates either of the provisions of the three pre1859, 174, $5. ceding sections shall forfeit ten dollars for each offence, to be recovered
in an action of tort to the use of the party suing therefor. Rolls, &c. SECT. 9. The four preceding sections shall not apply to rolls or fancy 1859, 174, $82, 4. bread weighing less than one-quarter of a pound.
BUTTER AND LARD. Inspector-general of butter, SECT. 10. The inspector-general of butter and lard shall give bond &c., to give
with sufficient sureties to the treasurer of the commonwealth, in the bond. R. S. 28, 9 4. penal sum of one thousand dollars.