ing to the provisions of this act, shall suffer the pains and penalties which by law are prescribed for wilful and corrupt perjury. [See the following head.]

6. Partial sales of goods, &c. in order to fix a price for the whole.

1823 C. 87, Sec. 5. All sales at auction, of any part or parcel of any real or personal estate sent, entrusted or consigned to an Auctioneer, for sale, with the design and effect to ascertain and fix a price for the whole, or for any part thereof, without exposing the whole, or such other part to public sale, shall be deemned and taken to be sales at auction, within the meaning of this act, to the whole amount of the real or personal estate so sent, entrusted or consigned as aforesaid,and whereof the sale is so effected, by the Auctioneer, or by any person or persons acting as a Commission Merchant, Factor, or Agent, or by the owner or owners thereof. And the whole amount of such real or personal estate shall be returned by the Auctioneer, in his accounts to the Treasurer of this Commonwealth, in the same manner, as if the same had been sold at public auction.

7. Property advertised must not be sold at private sale. 1823 C. 87, Sec. 5. No person whosoever shall, on the day of any sale at public auction, dispose of, at private sale, any of the property which has been advertised or exposed to sale at public auction, and which, if sold at public auction, would be liable to the duty imposed by this act, under the penalty of one thousand dollars, to be recovered by any person who shall sue for the same; one moiety thereof, when recovered, to such person's use, and the other moiety to the use of the Commonwealth.

8. Goods of a minor, or goods belonging to an Auctioneer.

1795 C. 8, Sec. 2. If any Auctioneer shall receive

any goods for sale at public vendue or outcry of any servant or minor, knowing such person to be a servant or minor, or shall sell any of his own goods before sunrise or after sunset, at public vendue or outcry, he shall forfeit and pay a sum not less than fifty dollars nor more than one hundred and seventy dollars for each offence.

9. Account of sales.

1795 C. 8, Sec. 2. Every person licensed shall keep a fair and particular account of all goods and chattels sold by him as aforesaid, of whom the same were received, and of the persons to whom the same shall have been sold.

10. Selling without License.

1823 C. 87, Sec. 2. If any person not licensed and qualified, according to the laws of this Commonwealth and the provisions of this act, shall sell or attempt to sell, any real or personal estate whatsoever, by way of public auction or vendue within this Commonwealth, he shall be considered guilty of a misdemeanor, and shall, on conviction, be fined in a sum not exceeding five hundred dollars, for each and every offence, at the discretion of the court before whom such conviction shall take place.

1814 C. 46, Sec. 2. The tenants or occupants of any house or store having the actual possession and control of the same, who shall knowingly permit or allow any person or persons not being licensed as in the said act prescribed, to sell any goods or chattels at public vendue or outcry in his said house or store or in any apartment or yard appurtenant to the same, shall forfeit and pay a sum not exceeding six hundred dollars nor less than one hundred dollars.

11. Fraud against the act of 1823, Feb. 10. Sec. 6. If any person shall be guilty of any fraud or deceit in the execution of this act, or in eluding or defeating the operation thereof, every such person, on

conviction thereof shall forfeit the sum of one thousand dollars as a penalty for every such offence, to be recovered by any person who will sue for the same, one half thereof, when recovered, to be for the use of such person and the other half thereof for the use of the Commonwealth.

1795 C. 8, and 1814 C. 46. The penalties in these two statutes may be recovered by action of debt or indictment in any court proper to try the same, and appropriate to the use of him who shall first sue for the same. Nothing in the Statute of 1795 C. 8, shall extend to sales made by sheriffs, deputy sheriffs, coroners, constables, collectors of taxes, executors or administrators, or any other person who already is, or hereafter may be authorized or required, by law, to sell goods, chattels or lands at vendue or outcry.

ENGINEMEN.*

1785 C. 42, Sec. 1, and 1805 C. 82, Sec. 1. The Selectmen of such towns as are or may be provided with a fire engine, or engines, be, and they are hereby empowered if they judge it expedient, to nominate and appoint a number of suitable persons (not exceeding twenty one to one engine) for enginemen; who shall continue in said office, during the pleasure of such selectmen; which enginemen shall be and they are hereby authorized and empowered to meet together some time in the month of May annually; at which meeting they shall have authority to choose a master or director and clerk of the said engine, and establish such rules and regulations respecting their duty as enginemen, as shall be approved by the selectmen, and to annex penalties to the same which may be recovered by Appointment of enginemen, see Form 81.

the clerk of said enginemen, before any Justice of the Peace in the same county: Provided, No penalty shall exceed forty shillings, and that such rules and regulations shall not be repugnant to the laws of this Commonwealth.

1805 C. 82, Sec. 2. Selectmen are authorized, with the consent of the commanding officers of companies to appoint four in addition to the twenty one, provided the companies are not reduced below the number required by law.

1785 C. 42, Sec. 2. Enginemen shall be holden to meet once a month and oftener if necessary, for the purpose of examining the state of the engine to which they belong, and the appendages belonging to the same, and seeing the said engine is in good repair and ready to proceed on any emergency to the relief of any part of the community that may be invaded by the calamity of fire, they shall be held and obliged to go forward, either by night or by day under the direction of the firewards in the same town, and to use their best endeavors to extinguish any fire that may happen in the same, town or the vicinity thereof, and shall come to their knowledge, without delay.

Sec. 3. Selectmen may appoint enginemen to engines owned by private persons, on application of the proprietors, when they incline that the same may be employed for the benefit of the town; which enginemen shall have the same privileges and be subject to the same regulations as though said engine were the property of the town.

Sec. 4. Enginemen are exempted from common and ordinary military duty,* and from serving as

* EXPLANATION.-1809 C. 103, Sec. 1. Such enginemen as shall annually produce to the commanding officer of the company certificates from the selectmen of their respective towns, that they have been legally appointed and are bound to perform the duties of enginemen.

NOTE. The better way would be for the engine company to authorize their clerk to make application for the whole menibers in one certificate -Ed. [For the certificate, see Form 158.

jurors, or in the office of a constable during the time they may be employed in the service aforesaid.

1785 C. 42, Sec. 1 and 5, and, 1805 C. 82, Sec. 2. All enginemen continue in office during the pleasure of the selectmen, and if any person being appointed in manner herein before directed shall, in the opinion of the said selectmen be negligent and remiss in the duties required of him, as an engineman, it shall be the duty of the selectmen in the same town, upon sufficient evidence thereof, to discharge him from said company, and proceed to appoint another engineman in his room in the manner herein before directed.

1805 C. 82, Sec. 3. The selectmen may, in their discretion, select from the enginemen aforesaid, any number, whose duty it shall be, under the direction of the firewards, to attend fires in their towns, with axes, fire hooks, fire sails and ladders, and such further duty as the selectmen prescribe.

NOTE. 1801 C. 29. If any person shall wantonly or maliciously spoil, break, injure, damage, or render useless, any engine, or any of the apparatus thereto belonging, prepared by any town, society, person_or persons, and shall be convicted thereof before the Supreme Judicial Court, he shall pay a fine not exceeding five hundred dollars, or be imprisoned not exceeding two years, and be further ordered to recognize with sureties for his good behavior.

† 1808 C. 25. All persons legally attached to any engine are excused from serving as jurors in the courts of this state; Provided the town to which they belong, shall at a legal meeting declare the expediency of excusing them.