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weight, except, 1855, 188, $ 1.

Sect. 185. Each wharfinger, carter, or driver, who conveys any fire- Carters to hare wood or bark from a wharf or landing place, shall be furnished by the tickets, $201. owner or seller with a ticket certifying the quantity which the load con- 1839, 135. tains and the name of the driver; and if firewood or bark is thus conveyed without such ticket accompanying the same, or if a driver refuses to produce and show such ticket on demand to any sworn measurer, or to give his consent to have the same measured, or if such ticket certifies a greater quantity of wood or bark than the load contains, in the opinion of the measurer after measuring the same, the driver and owner shall for each load thereof forfeit the sum of five dollars. But nothing contained in this chapter shall be construed to extend to a person who transports, carts, or causes to be transported or carted, from a wharf or landing place to his own dwelling house or store, cord wood or bark which he has purchased on a wharf or landing place, or has landed thereon upon his own account.

SECT. 186. The city council of a city may establish ordinances and Cities may reguregulations, with suitable

penalties, for the inspection, survey, admeasure- late inspection ment, and sale of bark for fuel or manufacturing purposes brought into 184, 361. said city for sale, whether the same is exposed for sale in ranges or upon a cart or other vehicle; and said city may provide for the appointment of such surveyors, inspectors, and other officers, as may be necessary to carry into effect said ordinances, and may establish their fees: provided, that no penalty for any one violation shall exceed the sum of five dollars.

SECT. 187. Anthracite, bituminous, or mineral coal when sold in Certain coals to quantities of five hundred pounds or more, except by the cargo, shall be berold

. by sold by weight, and two thousand pounds avoirdupois shall be the &c. standard for the ton by which the same shall be weighed and sold.

Sect. 188. The mayor and aldermen or selectmen of every place weighers who where such coal is sold shall appoint one or more persons not engaged to be appointed in the business of selling coal to be weighers of such coal, who shall be and sworn. sword, and be removable at the pleasure of the board appointing them, and shall receive such fees as may be ordered by the board, which shall be paid by the seller.

SECT. 189. On or before the delivery of such coal the seller shall seller to procanse the same to be weighed by a sworn weigher of the place in which cure certificate the same is sold or delivered, and a certificate of the weight thereof 1855, 188, § 2. signed by the weigher shall be delivered to the buyer or his agent at the time of the delivery of the coal.

SECT. 190. Whoever violates any provision of the three preceding Forfeiture, &c. sections, shall for each offence forfeit thirty dollars.

SECT. 191. In the sale of charcoal, the baskets, tubs, or vessels used Form and diin measuring the same, except as hereinafter provided, shall be of a cylin- mensions of drical form and of the following dimensions in the inside thereof, to wit: ures. nineteen inches in diameter in every part and eighteen inches and onetenth of an inch in depth, measured from the highest part of the bottom thereof; each of which shall be deemed to be of the capacity of two bushels

, and shall be filled level full; and every such vessel shall be sealed by a sealer of the place in which the person using the same shall usually reside or do business.

SECT. 192. Charcoal may be measured in boxes, bins, or cans, of the Dimensions of following capacities, to wit: of five, ten, twenty, thirty, forty, or fifty bing, or cans. bushels, such boxes, bins, or cans, being first lawfully sealed as aforesaid; 1853, 305, $ 2. and five thousand one hundred and thirty-two cubic inches shall be deemed equal to two bushels, or the level basket, tub, or vessel, described in the preceding section.

SECT. 193. Every vendor of charcoal, who has in his possession any Penalty for basket, tub, box, bin, vessel or measure of less dimensions than those having, &c., ilrequired by the two preceding sections, or not sealed as therein provided, 1839, 135.

1855, 188, $$ 3, 5.

1855, 188, $ 4.

charcoal meas

1853, 305, $ 1.

,

1853, 305, 83. with intent to use the same or permit the same to be used for measuring 1859, 250, $$1, 2. charcoal, sold or agreed to be sold, shall forfeit ten dollars for every such

measure in his possession. And every person who measures, in any such basket, vessel, or measure, any charcoal sold or offered for sale, inless by special agreement of the buyer and seller, shall forfeit a sum not exceed. ing one dollar for every two bushels so measured or pretended to be

measured, and such basket, vessel, or measure shall be destroyed. Persons to be SECT. 194. The mayor and aldermen or selectmen of every place shall appointed to seize illegal appoint one or more suitable persons to seize all baskets, vessels

, or measures used or intended to be used for measuring charcoal, and not out warrant, &c. conforming to the foregoing provisions; and to arrest without warrant 1859, 250, 88 1, 2

any person having in his possession such baskets, vessels, or measures, and take him and them before the proper tribunal for prosecution; and upon his being convicted or found guilty, such tribunal shall order said baskets, vessels, and measures to be destroyed.

measures, &c., and arrest with

CHAPTER 50.

OF SALES BY AUCTIONEERS, AND HAWKERS AND PEDLERS.

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AUCTIONEERS.

SECTION
SECTION

14. Cities and towns may regulate such sales 1. Auctioneers to be licensed by selectmen, by minors. Penalty.

&c., for one year. Fees for license. Li- 15. Prohibited articles.
cense to be recorded.

16. Secretary may grant licenses on certificato 2. If license is refused, application may be of mayor, &c., for sale of goods not prohibmade to county commissioners, &c.

ited. 3. Auctioneers to give bond.

17. Form and effect of license. Party may sell 4. to keep an account of sales.

on payment, &c. 5. Penalty for receiving goods from minors, 18. Fees for license. &c.

19. Residents paying taxes, &c., may be li6. Auctioneer may sell within his county, &c. censed without fee. Penalty.

20. State licenses. County licenses. 7. Forfeitures.

21. Records of licenses. 8. Tenants answerable if they permit unll- 22. Sums paid for licenses, how appropriated. censed sales in their premises.

23. Licenses may be transferred. 9. Penalty for selling without license.

24. Persons licensed, to post name, &c., on par10. Sales by sheriffs, executors, &c., not includ- cels or vehicles, and exhibit license on de cd in this chapter.

mand, &c. 11. Penalty for fraud or deceit.

25. Licenses not to protect party, &c. Shall be 12. Licenses in cities, &c. Penalty for selling void, if, &c. at places not authorized.

26. Penalty for counterfeiting, &c., licenses,

and selling without license. HAWKERS AND PEDLERS.

27. for unauthorized sales. 13. Articles which may be sold by hawkers 28. Hawkers, &c., licensed as auctioneors, not and pedlers without license.

to sell, &c.

AUCTIONEERS. Auctioneers to SECTION 1. The mayor and aldermen and selectmen of any city or be licensed, &c. town, by writing under their hands, may license one or more suitable

1 2, 12. inhabitants of their respective cities and towns, to be auctioneers within

the same for the term of one year, and may receive to the use of the city or town for each license the sum of two dollars. They shall record

every license in a book to be kept by them for that purpose. If selectmen re- SECT. 2. If on application made to them in writing they unreasonfuse, county

ably refuse or neglect to license the applicant, he may, after giving them commissioners may license. fourteen days' notice and bonds to pay all costs, apply to the county R. S. 29, $ 3.

commissioners, who, upon hearing the parties, may grant a license.

SECT. 3. Each auctioneer shall, if required, give bonds, in a reason

R. S. 29, § 4.
5 Mass. 505.

swerable, if

R. S. 29, $7.

able penalty with sufficient sureties to the treasurer of the city or town Auctioneers to where he is licensed, with condition that he shall in all things conform 1957, 232, $ 1. to the laws relating to auctions.

SECT. 4. Every auctioneer shall keep a fair and particular account to keep an acof all goods and chattels sold by him, and of the persons from whom . S. 29, $5. received, and to whom sold.

SECT. 5. An auctioneer who receives for sale by auction any goods Penalty for refrom a minor, knowing him to be such, or sells by auction any of his ceiving goods own goods before sunrise or after sunset, shall forfeit to the use of the &c. town a sum not exceeding two hundred dollars for each offence.

SECT. 6. An auctioneer may sell at public auction in any place within Auctioneer may his county; and when employed by others may sell real or personal sell within his

. estate upon the premises where the same is situated in any place within 1837, 233. the state. If an auetioneer sells by auction in any place where he is not 1852, 115, $ 1. authorized to sell, he shall forfeit fifty dollars.

Sect. 7. If a person sells or offers for sale by auction any goods or Forfeitures. chattels in any city or town except as is provided in this chapter, the R. S. 29, $ 0. same shall be forfeited to the use of the city or town, and may be seized by the mayor and aldermen or selectmen, and libelled according to the provisions of chapter one hundred and fifty-three.

SECT. 8. The tenant or occupant of any house or store, having the Tenants anactual possession and control of the same, who knowingly permits a

they permit unperson to sell real or personal estate by public auction in such house or licensed sales in store, or in any apartment or yard appurtenant to the same, contrary to R. s. 29, $ 10. the provisions of this chapter, shall forfeit a sum not exceeding five hundred dollars.

SECT. 9. If a person, not licensed and qualified as an auctioneer, sells Penalty for sellor attempts to sell any real or personal estate by public auction, he shall ing without lifor each offence forfeit a sum not exceeding five hundred dollars.

SECT. 10. Nothing in the preceding sections shall extend to sales Sales by shermade by sheriffs, deputy-sheriffs, coroners, constables, collectors of taxes, cluded in this executors, administrators, guardians, assignees of insolvent debtors, or chapter.

R. S. 29, § 11. any other person required by law to sell real or personal estate.

Sect. 11. Every auctioneer or other person who is guilty of fraud or Penalty for deceit in relation to any sale by auction, shall for each offence forfeit a 1857, 232,82 sum not exceeding one thousand dollars.

SECT. 12. Licenses may be granted upon such conditions respecting Licenses in the places of selling goods and chattels within a city or town as the cities.S.C

R. S. 29, $$ 13, mayor and aldermen or selectmen deem expedient; and if an auctioneer 14. makes a sale by auction at a place not authorized by his license, he shall 1854, 148, § 33. be liable to like penalties as if he had sold without a license.

ch151 1464 HAWKERS AND PEDLERS. SECT. 13. Any person may go about from town to town, or from place Articles which to place, or from dwelling-house to dwelling-house in the same town, pedlers without exposing to sale and selling fruits and provisions, live animals, brooms, license. agricultural implements, fuel, newspapers, books, pamphlets, agricultural ****, $2.14 products of the United States, and the products of his own labor or the labor of his family.

Sect. 14. The city council of any city, and the inhabitants of any cities and town, may authorize the mayor and aldermen or selectmen thereof to towns may regrestrain the sale by minors of any goods, wares, or merchandise, the sale by minors. of which is permitted in the preceding section, and while such authority 1816, 2/1, 82. remains in force the mayor and aldermen and selectmen may make rules restraining such sales by minors, or may grant licenses to minors to make such sales upon such terms and conditions as they shall prescribe; but such restraints and licenses shall not remain in force beyond their term of office. Whoever is guilty of a violation of the rules and regu

Gray 29

See $$ 15, 25.

Prohibited arti-
cles.
1816, 24, $ 2.

on certificate of

Form and effect

lations so made, or sells any such articles without a license when the same has been required, shall forfeit a sum not exceeding ten dollars for each offence.

SECT. 15. The sale of jewelry, wines, spirituous liquors, playing

cards, indigo, and feathers, in the manner specified in section thirteen, See śS 17, 20, 25. is prohibited.

Secretary may 6 SEPT,16. The secretary of the commonwealth may grant a license 1151.1664

to go about éxposing to sale and selling any goods, wares, or merchanmayor, &c., for dise, not prohibited in the preceding section, to any applicant who files not prohibited. in his office a certificate signed by the mayor of a city or by a majority 1816, 21, $$ 3,6. of the selectmen of a town, stating that to the best knowledge and be33, 23. 18, 19, 20, lief of such mayor or selectmen, the applicant therein

named resides in such city or town, is a citizen of the United States and of good repute for morals and integrity. The mayor or selectmen before granting such certificate shall require the applicant to make oath that he is the person named therein, that he is a resident of such city or town, and a citizen of the United States; which oath shall be certified by a justice of the peace, and accompany the certificate. Every license so granted shall bear date the first day of January of the year in which it is granted, and shall continue in force one year, and no longer.

SECT. 17. The secretary shall cause to be inserted in every license Party may sell the names of such cities and towns as the applicant selects, with the on payment,&c. sum to be paid to the respective treasurers thereof annexed, and shall See $s 15, 10, 25. receive from the applicant one dollar for each city or town so inserted.

Every person so licensed may sell as aforesaid any goods, wares, and merchandise, not prohibited in section fifteen, in any city or town mentioned in his license, upon first paying the sum so required to the tregsurer of such city or town, who shall certify on the face of the license the sum so received.

SECT. 18. Every person licensed under the two preceding sections shall pay to the treasurer of each city or town mentioned in his license, the sums following: for every town containing not more than one thousand inhabitants, according to the United States census next preceding the date of his license, three dollars; for every town containing more than one thousand and not more than two thousand inhabitants, six dollars; for every town containing more than two thousand and not more than three thousand inhabitants, eight dollars; for every town containing more than three thousand and not more than four thousand inhabitants, ten dollars; and for every city and town containing more than four thousand inhabitants, ten dollars, and one dollar for every one thousand inhabitants over four thousand contained therein; but the sum so to be paid to a treasurer shall in no case exceed twenty

five dollars. ! Residents pay

SECT. 19. Any person resident, paying taxes upon his stock in trade, ing the letised and qualified to vote, in a city or town, may there expose to sale and

sell goods, wares, or merchandise, upon obtaining a license pursuant 1851, 298, § 1. See $s 23, 25. to the provisions of sections sixteen and seventeen, and shall not be

required to pay to the treasurer of such city or town any sum therefor.

ŠECT. 20. The secretary, upon the conditions required in section sixCounty li(

teen, may grant special state licenses, upon payment by the applicant of one hundred dollars for each license; and the person so licensed may

expose to sale any goods, wares, or merchandise, not prohibited, in any yielleil Fil dyr, city or town. He may also grant as aforesaid, upon payment by the

applicant of one dollar for each county mentioned therein, special county licenses;

and the person so licensed may expose to sale, within such counties, any tin, britannia, glass, or wooden wares, of the manufactures of the United States, or any other goods, wares, or merchandise, manufactured by himself or his employer, and not prohibited in section fifteen, upon tendering to the treasurer of each county mentioned in said license, respectively, the sums following: for Suffolk, Essex, Middlesex, and

Fees for license.
1846, 24, $ 5.
See $ 25.

without fee.

State licenses

Censes.
1816, 214, $7.

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censed to post
name, &c., on

Worcester, each four dollars; for Norfolk, Berkshire, Hampden, Bristol,
and Plymouth, each three dollars; for Franklin, Hampshire, and Barn-
stable, each two dollars; for Nantucket, one dollar; for the county of
Dukes County, one dollar. And the county treasurers, respectively, upon
the receipt of any sum, as aforesaid, shall certify the amount so received
on the face of the license.

Sect. 21. The secretary shall keep a record of all licenses granted, Records of Li-
with the number of each, the name and residence of the persons licensed, 1946, S4, $0.
the counties, cities, and towns, mentioned therein, of all special state See $ 25.
licenses, and of all transfers of licenses. The treasurers of the counties,
cities, and towns, shall severally keep records of all licenses upon which
the sums provided in this chapter have been paid, with the number
of each, the name and residence of the persons licensed, and the sums
received thereon, and all such records shall be open for public inspection.

Sect. 22. All sums paid to the secretary under this chapter shall be Sums paid for for the use of the state; and all sums paid to the treasurer of a county, appropriated. city, or town, shall be for the use of such county, city, or town.

1816, 24, $ 8.

See $ 25. SECT. 23. A license granted under the provisions of section sixteen Licenses may be or nineteen may be transferred by the secretary, upon application there- transferred.

1846, 244, SS 6, 8. for and upon evidence furnished by the applicant like that required for Seo $ 25. granting a license. The person to whom it is transferred shall thereafter be liable in all respects as if he were the person originally licensed. No person shall sell under such license except the person named therein or in such transfer.

SECT. 24. Every person licensed to peddle as herein before provided Persons lishall post his name, residence, and the number of his license, in a conspicuous manner upon his parcels or vehicle, and when such "license is parcels or vehidemanded of him by any mayor, alderman, selectman, town or city license on detreasurer or clerk, constable, police officer, or justice of the peace, shail mand, &c. forth with exhibit it, and if he neglects or refuses so to do, shall be sub- 1851, 208, $2, ject to the same penalty as if he had no license. So much of this chapter See § 25. as relates to hawkers and pedlers, or a synopsis thereof, shall be printed on every license.

Sect. 25. No license to go about offering for sale or selling as afore- Licenses, when said shall operate to defeat or bar a prosecution against the person party, &c. licensed, if it is proved that he exposed to sale any article except such Shall be void, if, as are permitted in section thirteen in any county, city, or town, where so

1846, 244, SS 4,
he was not licensed to sell, or in which he had not paid the sum men- 10.
tioned in his license; but no person so licensed shall be required to make
payınent to the treasurer of any county, city, or town, before he is pre-
pared to trade therein. The license of any person convicted of a viola-
tion of any provision of this or the ten preceding sections shall be void.

SECT. 26. Whoever counterfeits or forges a license, or has a counter- Penalty for
feitel or forged license in his possession, with intent to utter or use the counterfeiting,
same as true, knowing it to be false or counterfeit, or attempts to sell and selling
under a license which has expired, or is forfeited, or which was not 1846, 24, § 10.
granted or has not been transferred to him, shall forfeit a sum not
exceeding one thousand dollars.

SECT. 27. Whoever goes from town to town, or from place to place, to sale any goods, wares, or merchandise, or takes a residence in any town for that purpose for a less term than one year, except as herein before provided, shall forfeit a sum not exceeding two hundred dollars for each offence.

SECT. 28. No hawker, pedler, or other itinerant trader, holding an Hawkers, &c., auctioneer's license, shall sell or expose for sale by public auction any tioneers, not to goods, wares, or merchandise, in any other city or town than that from sell, &c. those authorities such license was obtained; nor in any place in such 1852, 115, $ 2. city or town, except such as shall be expressly described or set forth in said license.

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