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the city or town; and if it is altered, the court may render such 3 judgment as to costs as justice shall require.

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Nuisance may
be abated, etc.
1855, 469, $ 2.
G, S. 87, $ 5.
P. S. 101, $ 5.

SECTION 5. The mayor and aldermen of a city or selectmen of 1 a town shall have the same power and authority to abate and re- 2 move any such nuisance as is given to the board of health of a city 3 or town by the provisions of sections sixty-six, sixty-seven and 4 sixty-eight of chapter seventy-five.

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SECTION 6. All buildings, places or tenements which are re- 1 prostitutiones

. sorted to for prostitution, lewdness or illegal gaming, or which are 2

used for the illegal keeping or sale of intoxicating liquor, shall be 3
deemed common nuisances.
14 Gray, 26, 390, 406. . 7 Allen, 304, 12 Allen, 179.

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Buildings resorted to for 1855, 405, $ 1. G. S. 87, $ 6. P.S. 101, $ 6.

Penalty for
keeping such
nuisance.
1815, 405, $ 2.
G, S. 87, $7.
1865, 269, $ 1.
1866, 280, $ 3.

SECTION 7. Whoever keeps or maintains such common nuisance 1 shall be punished by a fine of not less than fifty nor more than one 2 hundred dollars and by imprisonment for not less than three nor 3 more than twelve months.

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P.S. 101, § 7.
12 Gray, 89, 326.
1 Allen, 592.
2 Allen, 169.
97 Mass. 122.
105 Miss. 405.
108 Mass. 27.
109 Mass. 361.

110 Mass. 3.9.
111 Mass. 425-
247.
114 Mass. 252.
118 Mass. 456.
127 Miss. 452.
134 Mass. 201.
136 Mass. 436.

138 Mass. 496,
508, 511.
141 Mass. 110.
144 Mass. 171.
145 Miss. 101,
117, 250, 251, 406.
147 Mass. 161.
148 Mass. 8.

150 Mass. 71.
152 Mass, 584.
153 Mass.5, 211, 483.
154 Mass. 115, 388.
160 Mass. 293.
165 Mass. 62, 588.
166 Mass, 377.
167 Mass. 374.

Abatement of
a common
nuisance.
1837, 380.

149 Mass. 550.

SECTION 8. The supreme judicial court or the superior court shall i

have jurisdiction in equity, upon an information filed by the district 2 18:5, 419, $ 10. attorney for the district or upon the petition of the board of police 3

or police commissioners, or other authority having control of the 4 police, or of not less than ten legal voters of a city or town, stating 5 that a building, place or tenement therein is resorted to for prosti- 6 tution, lewdness or illegal gaming, or is used for the illegal keeping 7 or sale of intoxicating liquors, to restrain, enjoin or abate the same 8 as a common nuisance.

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Evidence of
sales.
1887, 414, $ 3.

SECTION 9. The provisions of sections sixty-six and sixty-seven 1 of chapter one hundred shall apply to all cases for the illegal keep- 2 ing or sale of intoxicating liquors in violation of the provisions of 3 this chapter.

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Keeping a nuisance by

lease, etc.
R. S. 130, $ 9.
1855, 105, $ 3.
G, S. 87, § 8;
165, § 14.
P. S. 101, § 8;
207, $ 14.
15 Gray, 312,
6 Allen, 370.
7 Allen, 109.
14 Allen, 289.
103 Mass. 381.

SECTION 10. If a tenant or occupant of a building or tenement, 1 tenant to avoid under a lawful title, uses such premises or any part thereof for any 2

of the purposes enumerated in section six, such use shall annul and 3 make void the lease or other title under which he holds and, 4 without any act of the owner, shall cause the right of possession to 5 revert and vest in him, and he may, without process of law, make 6 immediate entry upon the premises, or may avail himself of the 7 remedy provided in chapter one hundred and eighty-one.

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SECTION 11. Whoever knowingly lets a building or tenement 1

owned by him, or under his control, for any purpose enumerated in 2 Buch big posessection six, or knowingly permits such building or tenement, or any 3

part thereof, while under his control, to be used for such purpose, 4 or after due notice of any such use omits to take all reasonable 5 measures to eject therefrom the persons occupying the same as soon 6

Penalty on landlord for letting, etc., 1855, 405, $ 4. G. S. 87, $ 9. 1866, 280, $ 3. P, S, 101, $ 9. 106 Mars, 539. 112 Mass. 277.

7 as it can lawfully be done, shall be deemed guilty of aiding in the 135 Mass. 19928 maintenance of such nuisance and punished as provided in section 135 Miss

. ixt

. 9 seven.

146 Mass. 36.

G. S. 87, § 10.

1 SECTION 12. The mayor and aldermen of a city or the selectmen Removal of 2 of a town, upon complaint made to them under oath that the com- Fooths near 3 plainant has reason to believe and does believe that a booth, shed shows. 4 or other temporary erection, situated within one mile of a muster 1951, 91 5 field, cattle show ground, or other place of public gathering, is used : S 101, 10. 6 and occupied for the sale of spirituous or fermented liquor, or for the 7 purpose of gaming, may, if they consider the complaint well founded, 8 order the owner or occupant thereof to vacate and close the same 9 forthwith. If the owner or occupant refuses or neglects so to do, 10 the mayor and aldermen or selectmen may forth with abate such 11 booth, shed or erection as a nuisance, and pull down or otherwise 12 destroy the same in any manner they choose, or through the agency 13 of any force, civil or military.

CHAPTER 102.

OF LICENSES AND MUNICIPAL REGULATIONS OF POLICE.

SECTIONS 1-23. — Innholders and Common Victuallers.
SECTIONS 24-29. — Intelligence Offices.
SECTIONS 30–33. — Junk, Old Metals and Second Iland Articles.
SECTIONS 34-47. - Pawnbrokers.
SECTIONS 48-69. — Loans or Pledges on Personal Property.
SECTIONS 69a-73. Stables.
SECTIONS 74–78. Steam Engines and Furnaces.
SECTIONS 79–87. — Engineers and Firemen of Stationary Engines.
SECTIONS 88–122. Rockets, Gunpowder and Explosive Compounds.
SECTIONS 123-162. - Dogs.
SECTION

Stallions.
SECTIONS 164-167. - Billiard Tables and Bowling Alleys.
SECTIONS 168–171. — Theatrical Exhibitions, Masked Balls, etc.
SECTIONS 172–173. — Skating Rinks.
SECTIONS 174-176. – Picnic Groves.
SECTIONS 177-179. — Steamboats on Inland Waters.
SECTIONS 180-185. - General Provisions.

163.

INNHOLDERS AND COMMON VICTUALLERS. 1 SECTION 1. Whoever assumes to be an innholder or common Penalty on 2 victualler, without being licensed as such according to the provi- toleror Conn 3 sions of this chapter, shall forfeit one hundred dollars.

mon victualler. C. L. 79, $ 2. 1830, 136, $$ 1, 2. G. S. 88, $1.

5 Gray, 597. C. L. 84, $ 3. 1832, 166, $$ 1,3. P. S. 102, $ 1.

101 Mass. 214. 1786, 68, $ 1. R. S. 47, § 1.

24 Pick. 352, 374. 105 Mass. 263.

1 SECTION 2. The board of police in Boston, boards of license com- Licenses, how 2 missioners in other cities having such boards, the mayor and alder- granted. 3 men in cities having no such boards, and in cities having such boards 102-3, 9, $1. 4 but which in any year vote not to authorize the granting of licenses 176, 78'; 11. 5 for the sale of intoxicating liquor, and the selectmen of towns, 1832

, 106, $$ 4, 6 may grant licenses to persons to be innholders or common victu

6, 8. 1833, 122.

R. S. 47, $$ 17,
18.
1837, 242, $ 2.

88$$ 2, 21

1878, 241, $ 8.
1879, 38, $ 1.
P. S. 102, S$ 2,
24.

allers in such cities or towns. Such license shall not be issued or 7

be valid until it has been signed by the mayor and a majority of 8 1875, 93, 96, el.5. the aldermen in cities in which the license is to be granted by the 9

mayor and aldermen, and by a majority of the licensing board in 10

other cities and in towns. A mayor or any member of a licensing 11 1845, *: 323, $ 2. board may refuse to sign a license for a person who in his opinion 12

has not complied with the provisions of this chapter; and a mayor 13 or any member of such board who signs a license granted con- 14 trary to the provisions of this chapter shall be punished by a fine of 15 not more than fifty dollars. The provisions of this section shall not 16 require the licensing boards to grant either of such licenses, if in 17 their opinion the public good does not require it. If such license 18 is granted, no fee shall be charged therefor. Such license shall, in 19 Boston, be recorded in the office of the board of police.

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1894235.
1894, 428, $ 4.
141 Mass. 23.

Contents of
license.
1832, 166, $ 6.
R. S. 47, § 17.
G, S. 88, $ 2.
P. S. 102, $ 3.

SECTION 3. Every such license shall specify the street, lane, 1 alley or other place, and the number of the building, or give some 2 other particular description thereof, where the licensee shall exercise 3 his employment; and the license shall not protect a licensee who 4 exercises his employment in any other place than that so specified. 5

Term of license. C. L. 83, § 15. 1703-4, 5, $1.

SECTION 4. Such licenses shall expire on the thirtieth day of 1 April of each year; but they may be granted during April, to take 2 effect on the first day of May next ensuing.

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1786, 68, $ 2.
R. S. 47, $ 19.
1878, 241, $ 9.

P. S. 102, 5'4.
1832, 166, $ 7.
G. S. 88, $ 3.
1879, 38, $ 2.

1890, 73.

Innholders, etc., to have

C. L. 82, $ 10. 1698, 10, $1. 1786, 68, $ 3. 1832, 166, § 10. R. S. 47, $ 5.

SECTION 5. Every innholder and every common victualler shall 1 suitable food, at all times be provided with suitable food for strangers and 2 praveghere for travellers. Every innholder shall also have upon his premises 3

suitable rooms, with beds and bedding, for the lodging of his 4 guests, and, if the licensing board so requires, be provided with 5 stable room, hay and provender for their horses and cattle.

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- license to be refused, when.

$$ 7,8

SECTION 6. An innholder's or common victualler's license shall 1 1978, 241, 43 3,4. not be granted or issued unless at the time of making application 2

therefor the applicant has upon his premises the necessary imple- 3 ments and facilities for cooking, preparing and serving food for 4 strangers and travellers; and, if an applicant for an innkeeper's 5 license, unless he also has the rooms, beds and bedding and stable 6 room and provender for horses and cattle required by law.

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Penalty for refusal to

lers.
C. L. 82, $ 10.
1710-11, 11, $ 4.
1786, 68, $3.
1832, 166, § 10.
R. S. 47, $ 8.
G. S. 88, $ 9.

SECTION 7. An innholder, who, upon request, refuses to receive 1 receive travel. and make suitable provision for a stranger or traveller, and also for 2

his horses and cattle, when he may under the provisions of this 3 chapter be legally required so to do, shall be punished by a fine 4 of not more than fifty dollars; and shall also forfeit his license. 5

1878, 241, $ 5.

P. S. 102, $ 9.

– victualler for refusal to supply food. 1878, 241, $ 6.

SECTION 8. A common victualler who, upon request, upon any 1

other than the Lord's day, refuses to supply food to a stranger or 2 P. S. 102, $ 10. traveller, shall be punished by a fine of not more than fifty dollars; 3 and shall also forfeit his license.

4 P. S. 102, § 11.

innholders for

1 SECTION 9. If, in the opinion of the licensing board, a licensee Revocation of 2 as an innholder or a common victualler ceases to be engaged in the 1878, 211, $ 7: 3 business he is licensed to pursue, or fails to maintain upon his prem4 ises the implements and facilities required by this chapter, it shall 5 immediately revoke his license. 1 SECTION 10. An innholder shall not be liable for losses sus- Liability of 2 tained by a guest, except of wearing apparel, articles worn or carried loss of 3 on the person, personal baggage and money necessary for travelling , 31. 4 expenses and personal use; nor shall such guest recover of an inn-GS10. 5 holder more than one thousand dollars as damages for any such 102, $ 12. 6 loss; but an innholder shall be liable in damages to an amount not 17.305, 7 exceeding three thousand dollars for the loss of money, jewels and cush. 417 8 ornaments of a guest specially deposited for safe keeping, or offered 140 Mass. 123. 9 to be so deposited, with such innholder, person in charge at the 10 office of the inn or other agent of such innholder authorized to re11 ceive such deposit. The provisions of this section shall not affect 12 the innholder's liability under the provisions of any special contract 13 for other property deposited with him for safe keeping after being 14 fully informed of its nature and value, nor increase his liability in 15 case of loss by fire or overwhelming force beyond that specified in 16 the following section.

1 SECTION 11. In case of loss by fire or overwhelming force, inn- Liability for 2 holders shall be answerable to their guests only for ordinary and 1833

, 405, $ 2. 3 reasonable care in the custody of their baggage or other property.

G. S. 88, § 11. P. S. 102, $ 15. 9 Pick. 280.

1 SECTION 12. Whoever puts up at an inn or boarding house and, Penalty for, 2 without having an express agreement for credit, procures food, en- procuring en. 3 tertainment or accommodation without paying therefor, and with an inn. 4 intent to cheat or defraud the owner or keeper thereof; or, with p.8. 102, $13. 5 such intent, obtains credit at an inn or boarding house for such food, issi, 15. 6 entertainment or accommodation by means of any false show of 7 baggage or effects brought thereto; or, with such intent, removes 8 or causes to be removed any baggage or effects from an inn or 9 boarding house, while a lien exists thereon for the proper charges 10 due from him for fare and board furnished therein, shall be pun11 ished by a fine of not more than fifty dollars or by imprisonment 12 for not more than three months, Boarding house keeper's shall 13 post a copy of this section in a conspicuous place in each room of 14 their boarding houses.

1 SECTION 13. Innholders shall post a printed copy of this and the copy of sec2 three preceding sections in a conspicuous place in each room of posted in inns. 3 their inns.

1870, 338, $ 3. P.S. 102, § 14.

1 SECTION 14. An innholder, after retaining for six months from Disposition of 2 the time of departure of a guest from his inn any trunks, bags, possession of 3 valises, parcels, clothing, goods or other personal property of a 8,19, 19. 4 guest which has been abandoned by such guest, or which such 18:94, 181. 5 innholder retains by virtue of his lien thereon for the unpaid board, 6 lodging and other charges of such guest, may sell the same by public 7 auction upon the premises of the inn, notice of the time and place 8 of sale first being posted in a conspicuous place in the oflice of the

inn for four weeks prior to the date of such sale, and published 9 once in each of three successive weeks in a newspaper, if any, 10 published in the city or town in which the inn is situated; otherwise 11 in a newspaper published in the county in which the inn is situated, 12 the first publication of such notice to be not less than twenty-one 13 days before the day of sale. A copy of such notice shall be sent 14 by mail prepaid and duly registered and addressed to said guest 15 at the residence registered by him in the register of such inn. 16 Such notice shall contain a descriptive list of all such property 17 and of all such specific marks as may serve to identify such prop-18 erty, and the name of the guest so far as known to such innholder. 19

Disposition of
proceeds of
sale.
1893, 419, $ 2.

SECTION 15. The proceeds of such sale, after deducting all 1 reasonable charges and expenses incurred in the storage and sale 2 of such property, shall be applied to the discharge of the lien of such 3 innholder thereon for the board, lodging and other charges of such 4 guest, and any proceeds remaining thereafter shall be paid to the 5 treasurer and receiver general for the use of the commonwealth. 6

Balance of proceeds to be

SECTION 16. If, within three years after such sale, the owner of 1 paid too w per. any such property claims it and proves his ownership thereof, the 2

said proceeds, after deducting all reasonable charges and expenses, 3 shall be paid over to him by the treasurer and receiver general. 4

, 3.

Negligence of guests a de. fence.

, 405, $ 3. P. S. 102, $ 16. 140 Mass. 123. 145 Mass. 189.

SECTION 17. An innholder against whom a claim is made for loss 1

sustained by a guest may show that such loss is attributable to the 2 G... negligence of the guest or to his failure to comply with the regula- 3

tions of the inn, if they are reasonable and proper and are shown to 4 have been duly brought to the notice of the guest by the innholder. 5

Innholders'
signs.
C. L. 79, $ 2.
1786, 68, $ 3.
1832, 166, § 10.
R. S. 47, § 7.
G. S. RS, $ 14.

SECTION 18. Every innholder and common victualler shall at all 1 times have a board or sign affixed to his house, shop, cellar or 2 store, or in a conspicuous place near the same, with his name 3

legibly inscribed thereon in large letters and the employment for 4 P. S. 102, $ 17. which he is licensed inscribed thereon, and upon neglect thereof 5 shall forfeit twenty dollars.

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Imprisonment, SECTION 19. Whoever is convicted under the provisions of the 1 if fine unpaid. 1832, 105, 15. preceding sections, except those contained in sections seven and 2 R. S. 47, $ 27. G. S. 88, § 15. eight, shall be punished by a fine. If he fails to pay the same he 3 P. S. 102, $ 18.

may be punished by imprisonment for not more than ninety days. 4

23 Pick. 280.

-- penalty on
second convic.
tion.
1786, 68, $ 8.
1837, 242, $ 3.
G, S. 88, § 16.

SECTION 20. Whoever, being licensed under the provisions of i the preceding sections, is convicted a second time of a violation of 2

any of said provisions shall, in addition to the penalties before proP.S. 102, $ 19. vided, be adjudged to have forfeited his license.

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- on third con.
viction.
C. L. 82, $ 9.
1786, 68, $ .
1832, 165, $ 15.
R. S. 47, § 29.
1837, 242, § 4.
G. S. 88, $ 17.

SECTION 21. Whoever is convicted a third time of a violation 1 of any of the provisions of the preceding sections, except those 2 contained in sections seven and cight, shall, in addition to the 3 penalties before provided, be punished by imprisonment for not 4 more than ninety days.

P. S. 102, $ 20.

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