1869, c. 435, 1. Birds or animals to be forfeited and Expenses incurred Penalty for train ing birds or animals. Ibid. 5. Penalty for being Booths, &c., used for gaming, &C., near public shows, Ibid. § 10. G. S. 87, § 10. found and intended to be used or engaged in fighting; such persons shall be kept in custody in jail or other convenient place not more than twenty-four hours, Sundays and legal holidays excepted; at or before the expiration of which time such persons shall be brought before a justice of the peace, police or municipal court, and proceeded against according to law. 8. After the seizure of any birds or animals, as provided in the preceding section, application shall be made to a trial justice, police or municipal court, for a decree of forfeiture of the same; and if, upon the hearing of such application, it shall be found and adjudged that the same at the time of said seizure were engaged in fighting at an exhibition thereof, or were owned, possessed or kept by any person with the intent that the same shall be so engaged, they shall be adjudged forfeit, and any officer authorized to serve criminal process shall sell the same in such manner as the court or justice shall order, and pay the proceeds of such sale to the use of the county. Should it be found and adjudged that any such birds or animals are of no use or value, the same shall be let at large, or otherwise disposed of as the court or justice may direct. The claimant shall be allowed to appear in the proceeding upon any such application. Any of such birds or animals not adjudged forfeit shall be delivered to the owner thereof. 9. The necessary expenses incurred in the care and disposing of such birds or animals may be allowed and paid in the same manner that costs in criminal prosecutions are paid. 10. Whoever owns, possesses, keeps or trains any, bird or animal, with the intent that such bird or animal shall be engaged in an exhibition of fighting, shall be punished by fine not exceeding fifty dollars. 11. Whoever is present at any place, building or tenement where preparations are being made for an exhibition of the fighting of birds or animals, with intent to be present at such exhibition, or is present at such exhibition, shall be punished by fine not. exceeding ten dollars. 12. The mayor and aldermen or selectmen of any place upon complaint made to them under oath, that the complainant &c., how removed. has reason to believe, and does believe, that any booth, shed, or other temporary erection, situated within one mile of any muster-field, cattle-show ground, or other place of public gathering, is used and occupied for the sale of spirituous or fermented liquors, or for the purpose of gaming, may, if they consider the complaint well founded, order the owner or occupant thereof to vacate and close the same forthwith. If the owner or occupant refuses or neglects so to do, the mayor and aldermen or selectmen may forthwith abate such booth, shed, or erection as a nuisance, and pull down or otherwise destroy the same in any G. S. 87, § 10. manner they choose, or through the agency of any force, civil or military. 13. It shall not be lawful to exclude persons from, or restrict them in, any theatre or public place of amusement, licensed under the laws of this Commonwealth, or in any public conveyance, or public meeting, or licensed inn, except for good cause. Persons not to be excluded nor relicensed place of stricted in any amusement. 1866, c. 252, § 1. Ibid. § 2. 14. Any person offending against the provisions of the fore- Penalty. going section shall be punished, for each offence, by a fine not exceeding fifty dollars. RULES.1 No seats to be placed in passage 1. No chairs, stools, or seats of any description shall be placed across the aisles or passage- ways. ways in the building. 2. No other officers shall be employed for the preservation of order in any licensed place of amusement, than members of the police force, or constables duly appointed by the mayor and alder men. Police officers or employed. constables to be examine places of amusement. 3. The board of aldermen reserve the right of Aldermen may entering all places of amusement at all times, either individually or collectively, for the purpose of assuring themselves by personal inspection, that matters are properly conducted, according to the tenor of the licenses issued by them; and the same privilege is to be accorded to the chief of police and his deputy. revoked. 4. Any infraction of the foregoing statutes, or License may be regulations of the mayor and aldermen, will be deemed a sufficient cause for the revocation of the license. 1 Rules of mayor and aldermen, passed August 20, 1865. Board of Alder STATUTES. 1. The mayor and aldermen and selectmen of any city or town, auctioneers. Fees. by writing under their hands, may license one or more suitable in men may license Record. Chart. § 33. G. S. 50, § 1. If they refuse, county commissioners may license. Ibid. § 2. Auctioneers to give bond. Ibid. § 3. To keep an account of sales, &c. Ibid. § 4. Penalty for receiving goods for sale from minors, &c. Ibid. § 5. 5 Mass. 505. Where auctioneers may sell. Penalty for selling where habitants 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. 2. If on application made to them in writing they unreasonably refuse or neglect to license the applicant, he may, after giv ing them fourteen days' notice, and bonds to pay all costs, apply to the county commissioners, who, upon hearing the parties, may grant a license. 3. Each auctioneer shall, if required, give bonds, in a reasonable penalty with sufficient sureties to the treasurer of the city or town where he is licensed, with condition that he shall in all things conform to the laws relating to auctions. 4. Every auctioneer shall keep a fair and particular account of all goods and chattels sold by him, and of the persons from whom received, and to whom sold. 5. An auctioneer who receives for sale by auction any goods from a minor, knowing him to be such, or sells by auction any of his own goods before sunrise or after sunset, shall forfeit to the use of the town a sum not exceeding two hundred dollars for each offence. 6. An auctioneer may sell at public auction in any place within his county; and when employed by others, may sell real or authorized. G, S. 50, § 6. $6. personal estate upon the premises where the same is situated in they are not 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. at auction, except as authorized, 7. If a person sells or offers for sale by auction any goods or Goods sold, &c., chattels in any city or town except as is provided in this chapter,1 the same shall be forfeited to the use of the city or town, and shall be forfeited. may be seized by the mayor and aldermen or selectmen, and libelled according to the provisions of chapter one hundred and fifty-three of the General Statutes. Ibid, § 7. 8. The tenant or occupant of any house or store, having the Penalty on tenants actual possession and control of the same, who knowingly permits or occupants of any house or store, licensed sales therein. a person to sell real or personal estate by public auction in such if they permit unhouse or store, or in any apartment or yard appurtenant to the same, contrary to the provisions of this chapter,' shall forfeit a Ibid, § 8. sum not exceeding five hundred dollars. without license. Ibid, § 9. 9. If a person, not licensed and qualified as an auctioneer, Penalty for selling sells or attempts to sell any real or personal estate by public auction, he shall for each offence forfeit a sum not exceeding five 19 Pick. 482. hundred dollars. 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. 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. 8 Allen, 99. Sales by sheriff's, &c.. not included Ibid, § 10. Penalty for fraud tion sales. granted upon conditions, &c. 12. Licenses may be granted upon such conditions respecting Licenses may be the places of selling goods and chattels within a city or town as the mayor and aldermen or selectmen deem expedient; and if an auctioneer makes a sale by auction at a place not authorized by his license, he shall be liable to like penalties as if he had sold without a license. 1 Chapter 50 of the General Statutes. Penalty for viola- tion thereof. STATUTE. BLASTING. 1. No person to blast rocks or other 2. Penalty for violation of this law. No person to blast rocks or other substance without license. 1868, c. 201, § 1. Proviso. Penalty. STATUTE. 1. No person shall blast any rock or other substance with gunpowder or other material, within one hundred yards of any public place or highway in the City of Boston, without license from the Board of Aldermen or some person designated by them in writing,' specifying the terms and conditions on which such license is granted: provided, however, that the remedy of any person injured by the blasting of rocks shall not be affected by this act, nor shall it be considered as applying to the surveyors of highways in the discharge of their official duties. 2. Any person who shall, either by himself, his servant or agent, or by any person in his employ, violate any of the terms or conditions upon which the license as aforesaid shall be granted, shall forfeit and pay, for each and every offence, a sum not less than ten nor more than fifty dollars. 1 By vote of the Board of Aldermen, passed August 31, 1868, the Chief of Police was designated as the person to issue licenses for this purpose, until otherwise ordered. |