tickets. SECT. 185. Each wharfinger, carter, or driver, who conveys any fire- Carters to have wood or bark from a wharf or landing place, shall be furnished by the RS. 28, § 204. 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 regulations, with suitable penalties, for the inspection, survey, admeasurement, and sale of bark for fuel or manufacturing purposes brought into 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. Cities may regu late inspection 1854, 361. and sale of bark. 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 be sold by weight, except, 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. 1855, 188, § 1. 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 are not sellers to be appointed in the business of selling coal to be weighers of such coal, who shall be and sworn. sworn, and be removable at the pleasure of the board appointing them, 1855, 188, §§ 3, 5. and shall receive such fees as may be ordered by the board, which shall be paid by the seller. cure certificate SECT. 189. On or before the delivery of such coal the seller shall Seller to procause the same to be weighed by a sworn weigher of the place in which of weight. 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. mensions of 1853, 305, § 1. SECT. 190. Whoever violates any provision of the three preceding Forfeiture, &c. sections, shall for each offence forfeit thirty dollars. 1855, 188, § 4. 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- charcoal measdrical 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. bins, or cans. 1853, 305, § 2. charcoal boxes, 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 bushels, such boxes, bins, or cans, being first lawfully sealed as aforesaid; 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. legal measures with intent to use the same or permit the same to be used for measuring 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, unless 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. SECT. 194. The mayor and aldermen or selectmen of every place shall appoint one or more suitable persons to seize all baskets, vessels, or measures used or intended to be used for measuring charcoal, and not conforming to the foregoing provisions; and to arrest without warrant 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. CHAPTER 50. OF SALES BY AUCTIONEERS, AND HAWKERS AND PEDLERS. SECTION 14. Cities and towns may regulate such sales by minors. Penalty. 15. Prohibited articles. 16. Secretary may grant licenses on certificate of mayor, &c., for sale of goods not prohibited. 17. Form and effect of license. Party may sell on payment, &c. 18. Fees for license. 19. Residents paying taxes, &c., may be li censed without fee. 20. State licenses. County licenses. 22. Sums paid for licenses, how appropriated. 24. Persons licensed, to post name, &c., on parcels or vehicles, and exhibit license on demand, &c. 25. Licenses not to protect party, &c. Shall be void, if, &c. 26. Penalty for counterfelting, &c., licenses, and selling without license. 27. for unauthorized sales. 28. Hawkers, &c., licensed as auctioneers, not to sell, &c. Auctioneers to AUCTIONEERS. 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 R. S. 29, §§ 1, 2, 12. If selectmen refuse, county commissioners may license. R. S. 29, § 3. 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. SECT. 2. If on application made to them in writing they unreasonably refuse or neglect to license the applicant, he may, after giving them fourteen days' notice and bonds to pay all costs, apply to the county commissioners, who, upon hearing the parties, may grant a license. SECT. 3. Each auctioneer shall, if required, give bonds, in a reason able penalty with sufficient sureties to the treasurer of the city or town Auctioneers to 1857, 232, § 1. to keep an ac SECT. 4. Every auctioneer shall keep a fair and particular account of all goods and chattels sold by him, and of the persons from whom count of sales. received, and to whom sold. R. S. 29, § 5. from minors, R. S. 29, § 4. 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 his county; and when employed by others may sell real or personal estate upon the premises where the same is situated in any place within the state. If an auctioneer sells by auction in any place where he is not authorized to sell, he shall forfeit fifty dollars. Auctioneer may county, &c. 1852, 115, § 1. 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, § 9. 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. Tenants an- swerable, if their premises. SECT. 8. The tenant or occupant of any house or store, having the actual possession and control of the same, who knowingly permits a person to sell real or personal estate by public auction in such house or 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. ing without li cense. R. S. 29, § 7. Sales by sher- iffs, &c., not in 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 for each offence forfeit a sum not exceeding five hundred dollars. SECT. 10. Nothing in the preceding sections shall extend to sales made by sheriffs, deputy-sheriffs, coroners, constables, collectors of taxes, executors, administrators, guardians, assignees of insolvent debtors, or 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 deceit in relation to any sale by auction, shall for each offence forfeit a sum not exceeding one thousand dollars. R. S. 29, § 11. Penalty for fraud or deceit. R. S. 29, §§ 13, 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, &c. 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, 448, § 33. be liable to like penalties as if he had sold without a license. 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, may be sold by pedlers without exposing to sale and selling fruits and provisions, live animals, brooms, license. agricultural implements, fuel, newspapers, books, pamphlets, agricultural See $15, 231846, 244, §2.4 products of the United States, and the products of his own labor or the labor of his family. ulate such sales Penalty. 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 1846, 241, § 2. 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 Gay 29 4151.18644 4 Prohibited arti- 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, is prohibited. 1846, 244, § 2. sale of goods See §§ 18, 19, 20, Form and effect Party may sell' 1846, 244, § 4. Fees for license. Residents pay may be licensed State licenses censes. 1846, 244, § 7. dat SECT 16. The Secretary of the commonwealth may grant a license about exposing to sale and selling any goods, wares, or merchandise, not prohibited in the preceding section, to any applicant who files in his office a certificate signed by the mayor of a city or by a majority of the selectmen of a town, stating that to the best knowledge and be 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 the names of such cities and towns as the applicant selects, with the sum to be paid to the respective treasurers thereof annexed, and shall 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 treas urer 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 thou sand 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 twentyfive dollars. SECT. 19. Any person resident, paying taxes upon his stock in trade, ing taxes, & 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 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. SECT. 20. The secretary, upon the conditions required in section sixteen, 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 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 $50 ch 151.186. Disabled soldier licensed without fee ch197. 1866 Worcester, each four dollars; for Norfolk, Berkshire, Hampden, Bristol, and Plymouth, each three dollars; for Franklin, Hampshire, and Barnstable, 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. censes. SECT. 21. The secretary shall keep a record of all licenses granted, Records of liwith the number of each, the name and residence of the persons licensed, 1816, 244, § 6. 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. licenses, how city, or town, shall be for the use of such county, city, or town. 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, §§ for and upon evidence furnished by the applicant like that required for 102, $$ 6, 8. 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. 1846, 244, § 8. Persons li censed to post parcels or vehi- cle, and exhibit SECT. 24. Every person licensed to peddle as herein before provided shall post his name, residence, and the number of his license, in a conspicuous manner upon his parcels or vehicle, and when such license is demanded of him by any mayor, alderman, selectman, town or city treasurer or clerk, constable, police officer, or justice of the peace, shall forthwith exhibit it, and if he neglects or refuses so to do, shall be sub- 1851, 298, § 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. 1846, 244, § 9. not to protect 1846, 244, §§ 4, 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 c 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 payment to the treasurer of any county, city, or town, before he is prepared to trade therein. The license of any person convicted of a violation 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 feited 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 under a license which has expired, or is forfeited, or which was not 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, for unauthoror from dwelling-house to dwelling-house, carrying for sale or exposing 140, 244, § 1. 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. &c., licenses, and selling without license. ized sales. 1846, 244, §1. igually B in 151.164 Male 12. at 11868 licensed as auc 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. whose 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. |