1866, c. 219, § 140. vided in section one hundred and fifty-five. For any neglect by Penalty. such mayor and aldermen or selectmen, under this section, such city or town shall forfeit, to the use of the commonwealth, not less than twenty, nor more than five hundred dollars. The officer to Officers responsiwhom any articles above mentioned are delivered shall be responsible that care is taken of the same. ble. dered out in case of Ibid. § 141. 5 Gray, 121. 26. When there is in any county a tumult, riot, mob, or a body Troops, how orof men acting together by force, with intent to commit a felony, or to offer violence to persons or property, or by force and violence to break and resist the laws of the commonwealth, or when such tumult, riot or mob is threatened, and the fact is made to appear to the commander-in-chief, or the mayor of a city, or to a court of record sitting in said county, or if no such court is sitting therein, then to a justice of said court, or if no such justice is within the county, then to the sheriff thereof, the commander-in-chief may issue his order, or such mayor, court, justice or sheriff may issue a precept, directed to any commander of a division, brigade, regiment, battalion or company, directing him to order his command, or a part thereof (describing the kind and number of troops), to appear at a time and place therein specified, to aid the civil authority in suppressing such violence and supporting the laws; which precept, if issued by a court, shall be in substance as follows: To (insert the officer's title) A. B. commanding (insert his command.) now that (here state and Whereas it has been made to appear to our justices of our holden at within and for the county of one or more of the causes above mentioned) in our county of that military force is necessary to aid the civil authority in suppressing the same; now, therefore, we command you that you cause (here state the number and kind of troops required), armed, equipped, and with ammunition, as the law directs, and with proper officers, either attached to the troops, or detailed by you, to parade at then and there to obey such orders as may be given them, according to law. Hereof fail not at your peril, and have you there this writ, with your doings returned thereon. Witness, L. S. Esq., at on on the day of in the year C. D., Clerk. And if the same is issued by a mayor, justice or sheriff, it shall be under his hand and seal, and otherwise varied to suit the circumstances of the case. 27. The officer to whom the order of the commander-in-chief or such precept is directed, shall forthwith order the troops therein mentioned to parade at the time and place appointed. If he refuses or neglects to obey such order or precept, or if an officer Form of requisition. Penalties for disobedience, &c. 1866, c 219, § 142. 1867, c 266, § 1. 1866, c. 219, § 142. 1867, c. 266, §1 Troops to appear armed, &c. 1866, c. 219, § 143. None but organized companies allowed to be formed, &c. Ibid. § 184. Penalty for unlaw neglects or refuses to obey an order issued in pursuance thereof, he shall be cashiered and punished by fine or imprisonment not exceeding six months, as a court-martial may adjudge. Any person neglecting or refusing to appear at the place of parade, to obey an order issued in such case, or any person advising or endeavoring to persuade another to refuse or neglect to appear at such place, or to obey such order, shall forfeit, to the use of the commonwealth, five hundred dollars. 28. Such troops shall appear at the time and place appointed, armed and equipped, and with ammunition as for inspection of arms, and shall obey and execute such orders as they may then and there receive, according to law. 29. It shall not be lawful for any body of men whatsoever, other than the regularly organized corps of the volunteer militia, the troops of the United States, and the ancient and honorable artillery company, and the veteran artillery association of Newburyport, to associate themselves together as a military company or organization, or to parade in public with arms in any city or town of this commonwealth without the license of the governor thereof, which may at any time be revoked; nor shall it be lawful for any city or town to raise or appropriate any money toward arming, equipping, uniforming or in any way supporting, sustaining or providing drill-rooms or armories for any such body of men; provided, that associations wholly composed of soldiers honorably discharged from the service of the United States, may parade in public with arms, upon the reception of any regiments or companies of soldiers returning from said service, and for the purpose of infantry escort duty at the burial of deceased soldiers, having first obtained the written permission so to do of the mayor and aldermen or selectmen of the cities or towns in which they desire to parade. 30. Whoever offends against the provisions of the preceding ful military par- section, or belongs to or parades with any such unauthorized body of men, with arms, shall be punished by a fine not exceeding the sum of ten dollars, or by imprisonment in the house of correction or common jail for a term not exceeding six months. Ibid. § 185. "Selectmen" to include mayor and aldermen. Ibid. § 175. Officers may prescribe uniforms. 1869, c. 332, § 3. 31. The provisions of this chapter concerning the powers and duties of the selectmen of towns, shall be construed to include the mayor and aldermen of any city. 32. Whenever a majority of the commissioned field, staff and line officers of a regiment or separate battalion, or a majority of the commissioned officers of a battery, unattached company of cavalry or company of cadets, at a meeting called for that purpose, shall prescribe a uniform for their commands, and make return of their doings in writing to the adjutant-general, and the same shall have been approved by the commander-in-chief, it shall 1869, c. 332, § 3. become and remain the established uniform of the regiment, battalion, battery or company. men to draw warrants therefor, on certificate of adju tant-general. Ibid. § 4. 4 Gray, 502. 33. When it shall be made to appear, under the oath of the Mayor and aldercommanding officer of a company, to the satisfaction of the adjutant-general, that new uniforms have been procured by the enlisted men of his company, at their own expense, at a cost of not less than twenty dollars for each uniform, the adjutantgeneral shall transmit to the mayor and aldermen of the cities, and to the selectmen of the towns in which such companies are situated, pay-rolls, authorizing the payment of twenty dollars to each man who has thus provided himself with a uniform. Upon receipt of the same, the mayor and aldermen and selectmen shall draw their warrants upon their respective treasurers, directing them to pay forthwith the amount due to the persons named in such rolls; and shall forthwith remit such rolls to the adjutantgeneral, with a certificate indorsed thereon, setting forth that a warrant has by them been drawn on their respective treasurers in favor of the several persons whose names are recorded therein. Thereupon the adjutant-general shall lay the same before the auditor, and the governor may draw his warrant on the treasury, for such sums as may be necessary to reimburse such cities and towns, from the appropriation for quartermasters' supplies for the current year. These uniforms shall be subject to the exclusive use of the members providing the same, so long as they remain as enlisted men in the company; but upon their promotion or discharge, the uniforms shall become and remain company property. pointed and to give public notice. 1. The mayor and aldermen of cities shall, and the selectmen Inspector to be apof towns may, annually, appoint one or more persons to be inspectors of milk, for their respective places, who shall, before 1864, c. 122, § 1. entering upon the duties of their offices, be sworn. Each inspector 1884, c. 122, § I. Inspector to keep 11 Allen, 264. Milkmen and dealers to register their Pen names, &c. alty for violation of rule. 1864, c. 122, § 4. 1 Allen, 593. 2 Allen, 157. 9 Allen, 489. 10 Allen, 199. Penalty for selling, &c., adulterated milk. 1869, c. 150, § 1. Milk for making butter and cheese. Ibid. § 2. Inspector to institute complaint. Ibid. §3. Inspector to publish law in newspaper. Ibid. § 5. shall give notice of his appointment by publishing the same two weeks in a newspaper published in his city or town, or if no newspaper is published therein, by posting up such notice in two or more public places in such city or town. 2. The inspectors shall keep an office and books for the purpose of recording the names and places of business of all persons engaged in the sale of milk within their limits. They may enter any place where milk is stored or kept for sale, and all carriages used in the conveyance of milk; and whenever they have reason to believe any milk found therein is adulterated, they shall take specimens thereof and cause the same to be analyzed, or otherwise satisfactorily tested, the result of which they shall record and preserve as evidence; and a certificate of such result, sworn to by the analyzer, shall be admissible in evidence in all prosecutions under this act. The inspectors shall receive such compensation as the mayor and aldermen or selectmen shall determine. 3. Whoever'neglects to cause his name and place of business to be recorded in the inspector's books, and his name legibly placed upon all carriages used by him in the conveyance of milk, before engaging in the sale thereof, shall forfeit twenty dollars for the first offence, and for a second and each subsequent offence, fifty dollars. And whoever offers for sale milk produced from cows fed upon the refuse of distilleries, or any substance deleterious to the quality of the milk, or whoever knowingly offers for sale milk produced from sick or diseased cows, shall forfeit twenty-five dollars for the first, and fifty dollars for every subsequent offence. Whoever, in the employment of another, knowingly violates any provision of this section, shall be held equally guilty with the principal, and suffer the same penalty. 4. Whoever sells or exchanges, or has in his possession with intent to sell or exchange, or offers for sale or exchange, adulterated milk, or milk to which water or any foreign substance has been added, shall, for each offence, be punished by a fine of not less than twenty, nor more than one hundred dollars. 5. Whoever adulterates by water, or otherwise, milk to be delivered for manufacture into butter or cheese, shall be liable to the penalties provided in the preceding section. 6. It shall be the duty of every inspector of milk to institute complaint, on the information of any person who shall lay before him satisfactory evidence on which to sustain the same. 7. Each inspector of milk in this commonwealth is hereby required to cause the provisions of this act to be published in his town, at least three times, by publication in some newspaper printed in said town, or some newspaper in the county in which the town is situated. may establish a cemetery in any town in the com The city of Boston is hereby authorized to purchase and hold City of Boston land for a public cemetery, in any town in this commonwealth, and to make and establish all suitable rules, orders, and regulations for the interment of the dead within the limits of the said city; provided, that the consent of any town, in which the said cemetery is proposed to be located, shall first be obtained for the purpose. ORDINANCE.2 SECTION 1. In the month of January, in the year eighteen hundred and seventy, the city coun 1 Mount Hope Cemetery, situated in Dorchester (Ward 16) and West Roxbury, about five miles from the city hall, contained originally eightyfour and three-fourths acres. It was first under the charge of a private corporation organized under the General Statutes, Nov. 10, 1851, and was consecrated with appropriate ceremonies June 24, 1852. Sales of four hundred and twenty-seven lots were made by the company, and some improvements were made. By deed dated July 31, 1857 (recorded with Norfolk deeds, lib. 258, fol. 165), it was conveyed to the city for the sum of $35,000. Four and three-fourths acres at the westerly end have been set off for the benefit of the inhabitants of the city, free of charge, and that portion is called the city cemetery." In 1868 the city purchased an additional lot of twenty acres on the southerly side for $14,000; so that the cemetery comprises, at the present time, an area of over one hundred acres. 2 An ordinance in relation to Mount Hope Cemetery, passed December 21, 1857; amended December 30, 1864; further amended September 17, 1869. monwealth, with its consent. 1849, c. 150. |