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Selectmen may order dogs to be muzzled, etc.

Person dam-
aged to have
choice of
remedy.
1859, 225, § 8.
G. S, 88, § 65.
1864, 299, § 99.
1867, 130, § 10.

SECTION 151. The owner of sheep, lambs or other domestic 1 animals which may have been worried, maimed or killed by dogs 2 shall have his election to proceed under the provisions of section 3 one hundred and forty-six or of sections one hundred and forty- 4 12 three, one hundred and forty-four and one hundred and forty-five; 5

P. S. 102, § 99.

but, having signified his election by proceeding in either mode, he 6 shall not have the other remedy.

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1877, 167, § 1. P. S. 102, § 101.

pay out of the dog fund such reasonable compensation as the 18 county commissioners shall allow to such person for his services 19 and necessary expenses and the reasonable expense of prosecuting 20 such actions. The person appointed may be removed at any time 21 by the county commissioners, and in counties in which he is ap- 22 pointed, the county treasurer shall not be authorized to bring such 23 actions.

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In absence of

SECTION 152. In the absence or illness of the chairman of the 1

chairman of

selectmen, who selectmen, any one of the selectmen of the town who may be duly 2

to act.
1867, 130, § 10.

P. S. 102, § 100.

informed of damage supposed to have been done by dogs shall dis- 3 charge forthwith the duties imposed by section one hundred and 4 forty-six upon the chairman.

Compensation
of officers.
1877, 167, § 2.
P. S. 102, § 102.

Penalty on town officers. 1858, 139, § 6. 1859, 225, § 13. G. S. 88, § 66. 1864, 299, § 10. 1867, 130, § 11. P. S. 102, § 104.

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SECTION 153. The mayor and aldermen of a city or the select- 1 men of a town may order that any dog within the limits of such city 2 or town, respectively, shall be muzzled or restrained from running at 3 large during such time as shall be prescribed by such order. After 4 passing such order and posting a certified copy thereof in two or 5 more public places in such city or town, or, if a daily newspaper is 6 published in such city or town, by publishing such copy once in 7 such newspaper, the mayor and aldermen or selectmen may issue 8 their warrant to one or more of the police officers or constables of 9 such city or town, who shall, after twenty-four hours from the pub- 10 lication of such notice, kill all dogs found unmuzzled or running at 11 large contrary to such order.

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SECTION 154. Said police officers or constables shall receive 1 compensation for services under the provisions of the preceding sec- 2 tion as is provided in section one hundred and thirty-eight.

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Service of
order.
Penalty.
1877, 167, § 3.

SECTION 155. The mayor and aldermen or selectmen may cause 1 service of such order to be made upon the owner or keeper of the 2

P. S. 102, § 103. dog by causing a certified copy thereof to be delivered to him; 3

and if he refuses or neglects for twelve hours thereafter to muzzle 4 or restrain such dog as so required, he shall be punished by a fine 5 of not more than twenty-five dollars.

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SECTION 156. A county, city or town officer who refuses or 1 wilfully neglects to perform the duties imposed upon him by the 2 provisions of this chapter relating to dogs shall be punished by a 3 fine of not more than one hundred dollars, which shall be paid, ex- 4 cept in the county of Suffolk, into the county treasury. Whoever 5 is aggrieved by such refusal or neglect may report the same forth- 6 with to the district attorney of his district.

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1

money from

paid into city

1864, 299, § 12.

P. S. 102, § 105.

SECTION 157. In the county of Suffolk, all money received for In Suffolk, 2 licenses or recovered as fines or penalties under the provisions of licenses to be 3 this chapter relating to dogs shall be paid into the treasury of the treasury, etc. 4 city or town in which said licenses are issued or said fines or penal- 1867, 130, 13. 5 ties recovered. All claims for damages done by dogs in Suffolk 16, 250, $1. 6 county shall be determined by appraisers as specified in section one 7 hundred and forty-six and, when approved by the board of alder8 men or selectmen of the city or town in which the damage was done, 9 shall be paid in full on the first Wednesday of January of each year 10 by the treasurer of such city or town, if the gross amount received 11 by him and not previously paid out under the provisions of this 12 chapter relating to dogs is sufficient therefor; otherwise, such amount 13 shall be divided pro rata among such claimants in full discharge of 14 their claims.

dog liable to

ete.

1 SECTION 158. The owner or keeper of a dog which is doing Owner etc., of 2 damage to sheep, lambs or other domestic animals shall be liable county or city, 3 in an action of tort to the county for all damages so done which the 1858, 139, § 5. 4 county commissioners thereof have ordered to be paid, as provided G. S. 88, § 64. 5 in this chapter. The county treasurer may, and if so ordered by 1867, 130, 8$ 12, 6 the county commissioners shall, bring such action. In the county s. 102, § 106. P. S. 7 of Suffolk, uch owner or keeper shall be liable like manner to 160 Mass. 186.

1859, 225, § 7. 299, § 11.

13.

8 the city or town for damages so done therein which the board of 9 aldermen or selectmen respectively have so ordered to be paid; and 10 the city or town treasurer may, and if so ordered by the board of 11 aldermen or selectmen shall, bring such action.

how 1865, 197, § 3.

P. S. 102, § 107.

1 SECTION 159. Money which is received by a county treasurer Unexpended 2 under the provisions of the preceding sections relating to dogs and appropriated. 3 is not paid out for damages shall, in January, be paid back to the 1867, 130, 12. 4 treasurers of the cities and towns in proportion to the amounts o 5 received from such cities and towns; and the money so refunded 6 shall be expended for the support of public libraries or schools. In 7 the county of Suffolk, money so received by the city or town 8 treasurer and not so paid out shall be expended by the school 9 committee for the support of public schools.

1 SECTION 160. The warrant required to be issued by the 2 visions of section one hundred and thirty-eight. may be in 3 following form:

[Seal.] M

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COMMONWEALTH OF MASSACHUSETTS.

SS. To

constable of the city (or town) of

In the name of the Commonwealth of Massachusetts, you are hereby required to proceed forthwith to kill or caused to be killed all dogs within the said town not duly licensed and collared according to the provisions of chapter one hundred and two of the Revised Laws, and you are further required to make and enter complaint against the owner or keeper of every such dog.

Hereof fail not, and make due return of this warrant with your doings therein, stating the number of dogs killed and the names of the owners or keepers thereof, and whether all unlicensed dogs in said city (or town) have been killed, and the names of persons against whom complaints have been made under the provisions of said chapter, and whether complaints have been made and entered

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against all the persons who have failed to comply with the provisions of said
chapter, on or before the first day of October next.
Given under my hand and seal at
year nineteen hundred and

aforesaid, the

day of

Mayor of [or Chairman of the
Selectmen of]

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in the

SECTION 161. A city or town may make additional ordinances 1 or by-laws relative to the licensing and restraining of dogs and 2 may annex penalties of not more than ten dollars for a breach 3 thereof; but such ordinances or by-laws shall relate only to dogs 4 owned or kept in such city or town; and the annual fee required 5 for a license under the provisions of section one hundred and 6 twenty-five shall in no case be more than one dollar in addition to 7 the amount required by said section.

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STALLIONS.

SECTION 162. All fines and penalties provided in the preceding 1 sections relating to dogs may be recovered before a police, district 2 or municipal court or trial justice in the county in which the offence 3 was committed.

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SECTION 163. The owner or keeper of a stallion for breeding 1 purposes shall, before advertising the service thereof, file a certificate 2 of the name, color, age, size and pedigree, as fully as obtainable, 3 of said stallion, and of the name of the person by whom he was bred, 4 with the clerk of the city or town in which said stallion is owned or 5 kept, who shall, upon payment of a fee of twenty-five cents, record 6 the same in a book to be kept for that purpose. Whoever neglects 7 to make and file such certificate shall recover no compensation for 8 the services of his stallion, and whoever knowingly and wilfully 9 makes a false certificate shall be punished by a fine of one hundred 10 dollars for each offence.

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BILLIARD TABLES AND BOWLING ALLEYS.

SECTION 164. The mayor and aldermen of any city except 1 Boston, and in Boston, the board of police, and the selectmen of 2 any town, may grant a license to any person to keep a billiard, 3 pool or sippio table or a bowling alley for hire, gain or reward, 4 upon such terms and conditions as they deem proper, to be used for 5 amusement merely but not for the purpose of gaming for money or 6 other property, subject to the provisions of sections one hundred 7 and eighty-two to one hundred and eighty-five, inclusive, and may 8 revoke it at pleasure.

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Penalty.

1857, 194, § 1. G. S. 88, § 70. 1880, 94.

SECTION 165. Whoever without such license keeps or suffers to 1 be kept in a house, building, yard, or dependency thereof, actually 2

P. S. 102, § 112. Occupied or owned by him, a table for the purpose of playing at 3

141 Mass. 420.

billiards, pool or sippio, or a bowling alley for the purpose of play- 4 ing at bowls, for hire, gain or reward, or whoever for hire, gain 5 or reward suffers any person to resort thereto for such purpose 6 shall forfeit not more than one hundred dollars for each offence.

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SECTION 166. The keeper of a billiard, pool or sippio room or Penalty for 2 table or bowling alley who admits a minor thereto without the minors. 3 written consent of his parent or guardian shall forfeit ten dollars G. S. 88, 71. 4 for the first and twenty dollars for each subsequent offence.

1855, 429, § 1.

1866, 237. 1880, 94.

P. S. 102, § 113.

8 Gray, 488.

98 Mass. 6.

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SECTION 167. Whoever erects, occupies or uses a building for 2 bowling alleys, except in such part of a city or town as the mayor 3 and aldermen or selectmen order, shall forfeit not more than fifty 4 dollars for every month he so occupies or uses such building, and 5 in like proportion for a shorter time. The superior court shall 6 have jurisdiction in equity to restrain such erection, occupancy or 7 use without such order.

THEATRICAL EXHIBITIONS, MASKED BALLS, ETC.

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SECTION 168. The mayor and aldermen of a city or the select 2 men of a town may, except as provided in section forty-five of 3 chapter one hundred and six, grant a license for theatrical exhibi4 tions, public shows, public amusements and exhibitions of every 5 description to which admission is obtained upon payment of money 6 or upon the delivery of any valuable thing, or by a ticket or voucher 7 obtained for money or any valuable thing, upon such terms and con8 ditions as they deem reasonable; and they may revoke or suspend 9 such license at their pleasure; but they shall not grant a license for 10 any such theatrical exhibitions, public shows, public amusements or 11 exhibitions of any description whatever to be held upon the Lord's 12 day, except for those named in section five of chapter ninety-eight.

- for unlawful erection of

bowling alleys. G. S. 88. $ 73.

1851, 319.

P. S. 102, § 114.

1 SECTION 170. Whoever offers to view, sets up, sets on foot, 2 maintains or carries on a theatrical exhibition, public show, concert 3 or dance hall exhibition, of any description, at which lager beer or 4 other intoxicating liquor is sold or exposed for sale with the con5 sent of those who get up, set on foot or otherwise promote such 6 exhibition or show, shall be punished by a fine of not more than 7 five hundred dollars, or by imprisonment for not more than two 8 years, unless such exhibition or show has been duly licensed as pro9 vided by section one hundred and sixty-eight. The provisions of 10 this section shall not authorize the licensing of the sale, at any exhi11 bition or show, of liquor the sale of which is prohibited by law.

hibitions to be

1805, 98, §§ 3.

R. S. 58,

Theatrical ex-
licensed.
1825, 152, §§ 1, 3.
1849, 231, § 1.
P. 8. 102, § 115.
1894, 33.
6 Cush. 174.
164 Mass. 12.

G. S. 88, §

1895, 434, § 3.

7 Gray, 162.

168 Mass. 523.

exception.

1825, 152, § 1.

1 SECTION 169. Whoever offers to view, sets up, sets on foot, 2 maintains, carries on, publishes or otherwise assists in or promotes 3 any such exhibition, show or amusement, without such license, 4 shall be punished by a fine of not more than five hundred dollars for 5 each offence. The provisions of this section, however, shall not 6 apply to public entertainments by religious societies for a religious 4 Cush. 74. 7 or charitable purpose.

Penalty and 1805, 98, §§ 1, 3. R. S. 5, 2. 1849, 231, 2 1912, § 116.

G. S. 88, § 75. 1880, 188.

164 Mass. 12.

lager beer is

Penalty when
sold.
G. S., § 76.

1858, 152.

P. S. 102, § 117.

- for getting up masked

1 SECTION 171. Whoever gets up, sets on foot, causes to be pub2 lished or otherwise aids in getting up and promoting a masked ball ball. 3 or other public assembly at which the company wear masks or other 4 disguises and to which admission is obtained upon payment of P. S. 102, § 118. 5 money or the delivery of any valuable thing, or by a ticket or

G. S. 88, § 77.

Skating rinks to be licensed. 1885, 196, § 1.

Penalty.
1885, 196, § 2.

voucher obtained for money or any valuable thing, shall for the first 6 offence be punished by a fine of not more than five hundred dollars, 7 and for any subsequent offence by imprisonment for not more than 8 one year.

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Peddling near
picnic grove
forbidden.
1887, 445.

SKATING RINKS.

SECTION 172. The mayor and aldermen of any city except 1 Boston, and in Boston, the board of police, and the selectmen of any 2 town, may grant a license to any person to establish, keep open and 3 maintain a skating rink to be used for the amusement of roller skat- 4 ing for hire, gain or reward upon such terms, conditions and regula- 5 tions as they deem proper, subject to the provisions of sections 6 one hundred and eighty-two to one hundred and eighty-five, in- 7

clusive.

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SECTION 173. Whoever, without such license, establishes, keeps 1 open or maintains a skating rink, to be used for the amusement of 2 roller skating, shall be punished by a fine of not more than five 3 hundred dollars for each offence.

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PICNIC GROVES.

Groves for

picnics to be

SECTION 174. In a city in which the board of aldermen or in a 1 licensed. town which accepts the provisions of this and the two following 2 15, 30, $51,4. sections or has accepted the corresponding provisions of earlier 3

§§ 1885, 323, § 2.

laws, the mayor and aldermen, or in Boston, the board of police, 4 and the selectmen, respectively, may grant a license to any person 5 to establish, let, keep open and maintain a grove to be used for 6 picnics or other lawful gatherings and amusements for hire, gain or 7 reward, upon such conditions and regulations as they deem proper, 8 subject to the provisions of sections one hundred and eighty-two to 9 one hundred and eighty-five, inclusive.

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Penalty for establishing

SECTION 175.

Whoever, without such license, establishes, lets, 1 groves without keeps open or maintains, himself or by another, a grove to be used 2 for picnics or other amusements for hire, gain or reward shall be 3 punished by a fine of not more than one hundred dollars.

1885, 309, § 2.

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SECTION 176. Whoever, not having his residence or regular 1 place of business within one-half mile of a grove licensed in accord- 2 ance with the provisions of section one hundred and seventy-four, 3 during the time of holding a picnic or other lawful gathering in 4 such licensed grove and within one-half mile thereof hawks or 5 peddles goods, wares or merchandise, or establishes or maintains 6 a tent, booth, vehicle or building for vending provisions or refresh- 7 ments without the consent of the licensee of such grove, or engages 8 in gaming or horse racing, or exhibits or offers to exhibit any show 9 or play, shall for each offence forfeit not more than twenty dollars. 10

STEAMBOATS ON INLAND WATERS.

SECTION 177. The mayor and aldermen of a city or the select- 1 to be licensed. men of a town may license any person to run a steamboat for the 2

Steamboats on inland waters

1876, 100, § 1.

P. S. 102, 120. conveyance of passengers on lakes, ponds or waters which are not 3

150 Mass. 221. within the maritime jurisdiction of the United States.

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