Liability of commissioners for neglect. SECT. 14. If any commissioner shall, for the space of sixty days, after the expiration of the year, herein before limited for his account1814, 170, § 2. ing with the treasurer, neglect to present to the treasurer the inventory and accounts before mentioned, and to pay and deliver the balance due thereon, together with all the said property remaining in his hands, the treasurer shall cause a suit to be commenced therefor, for the use of the Commonwealth, and shall prosecute the same to final judgment and execution. SECTION CHAPTER 58. OF CERTAIN MUNICIPAL REGULATIONS OF POLICE. SECTION Selectmen may cal exhibitions, &c. 1825, 152, §§ 1 & 3. THEATRICAL EXHIBITIONS AND PUBLIC SHOWS. SECTION 1. The selectmen of any town may at any meeting license theatri- held for that purpose, license all theatrical exhibitions, public shows and exhibitions of any description, to which admission is obtained on payment of , upon such terms and conditions as they shall money, think reasonable, and may regulate the same in such manner as they shall think necessary for the preservation of order and decorum, and to prevent the interruption of the public peace; provided, that no such license shall be in force for a longer term, than the time for which such selectmen shall have been elected to office. Penalty for set SECT. 2. Any person, who shall set up or promote any such exting up any exhibition or show, or shall publish or advertise the same or otherwise aid or assist therein, without a license first obtained, as provided in the preceding section, or contrary to the terms and conditions of such hibition contrary to law, or aiding therein. license, or while the same is suspended, shall forfeit a sum not ex- 1825, 152, § 1. ceeding two hundred dollars. SECT. 3. Any justice of the peace, within his county, upon com- Justices of the plaint made of any offence against the provisions of the preceding peace may require sureties of section, shall bind over all persons so offending, to appear at the next persons offendcourt of common pleas, and shall also require such persons to find 1825, 152, § 2. sureties for the keeping of the peace and being of good behavior, until such term of the court, and shall commit such persons, upon their refusing or neglecting to recognize and find sureties as aforesaid. LIVERY STABLES; SAILMAKERS' AND RIGGERS' LOFTS. SECT. 4. If any person shall occupy or use any building what- Sailmakers, ever, in any maritime town, for the business or employment of a sail- &c. to be licensed by semaker or rigger, or keeper of a livery stable, except in such parts of lectmen. the town as the selectmen thereof shall direct, he shall forfeit a sum 1796, 88, § 5. not exceeding fifty dollars, for every month, during which he shall so occupy or use such building, and in the like proportion for a longer or shorter time. ROCKETS, SQUIBS AND GUNPOWDER. rockets, &c. SECT. 5. If any person shall have in his possession, with intent Penalty for havto sell, or shall offer for sale, or shall sell, or give away, any of the ing or selling fireworks called rockets, crackers, squibs or serpents, without first without license. having obtained the license of the selectmen of the town, he shall, for 1826, 3, § 1. every such offence, forfeit a sum not exceeding ten dollars, to the use of the town in which the offence shall have been committed. without license. SECT. 6. If any person shall have in his possession, with intent Penalty for firto set fire to, or shall set fire to, any rocket, cracker, squib or ser- ing rockets, &c. pent, or shall throw any lighted rocket, cracker, squib or serpent, 1826, 3, § 1. within any town, without the license of the selectmen, he shall, for every offence, forfeit a sum not exceeding ten dollars, to the use of the town in which the offence shall have been committed. der how gun town. SECT. 7. The inhabitants of every town may order, that no gun- Towns may orpowder shall be kept in any place, within the limits of such town, powder shall be unless the same shall be well secured in tight casks or canisters; and kept within the that no gunpowder, above the quantity of fifty pounds, shall be kept 1828, 62, § 1. or deposited in any shop, store or other building, or in any ship or vessel, which shall be within the distance of twenty five rods, from any other building or wharf; that no gunpowder, above the quantity of twenty five pounds, shall be kept or deposited in any shop, store or other building, within ten rods of any other building; and that no gunpowder, above the quantity of one pound, shall be kept or deposited in any shop, store or other building, within ten rods of any other building in such town, unless the same be well secured in copper, tin or brass canisters, holding not exceeding five pounds each, and closely covered with copper, brass or tin covers. SECT. 8. Upon complaint made to any justice of the peace, by Justices to issue either of the selectmen or firewards of any town, that he has proba- warrants for searching ble cause to suspect and doth suspect, that gunpowder is deposited places where and kept within the limits of the town, contrary to law, such justice gunpowder is may issue his warrant, directed to either of the constables of such unlawfully kept. town, ordering him to enter any shop, store or other building, or 1828, 62, § 2. suspected to be Penalty for un lawfully keep ing gunpowder. 1828, 62, § 3. Towns may make by-laws respecting the keeping of dogs. 1824, 139, §§ & 2. Fees for licen ses, to be paid 1, to the treasurer. 1824, 139, § 2. Dogs, to have collars, with names, &c., vessel, specified in said warrant, and there to make diligent search for the gunpowder, suspected to have been deposited or kept as aforesaid, and to make return of his doings to said justice forthwith. SECT. 9. If any person shall commit either of the offences, mentioned in the two preceding sections, he shall forfeit a sum not exceeding twenty dollars, to the use of the town, to be recovered by complaint before any justice of the peace; provided, that the four preceding sections shall not extend to any manufactory of gunpowder, nor in any case to prevent the transportation of gunpowder through any town, or from one part of any town to another part thereof. DOGS. SECT. 10. The inhabitants of any town may make such by-laws, concerning the licensing, regulating and restraining of dogs, going at large, as they shall deem expedient, and may affix any penalties, not exceeding ten dollars for any breach thereof; provided, that no such by-law shall extend to any dog, not owned or kept in such town, and that no person shall be obliged to pay more than two dollars, annually, for any license granted under the provisions of this section. SECT. 11. All money received for the several licenses mentioned in this chapter, in any town, shall be paid to the treasurer for the use of the town. SECT. 12. Every person, who shall keep or own any dog, shall cause to be constantly kept, about the neck of such dog, a collar, with the name and place of residence of such owner or keeper legibly 1812, 146, § 1. marked on the same; and any person may kill any dog, being without a collar as aforesaid. of owners. Double dam ages for injury done by dogs. 1798, 54, § 3. Any person may kill any dog, when, &c. 13 Johns. R.312. 4 Cowen, 351. 1791, 38, § 1. Dangerous dogs, to be con- SECT. 13. Every owner or keeper of any dog shall forfeit, to any person injured by such dog, double the amount of the damage sustained by him, to be recovered in an action of trespass, and in such action, the defendant may plead the general issue, and give any special matter in evidence, in excuse or justification. SECT. 14. Any person may kill any dog, that shall suddenly asSault him, while he is peaceably walking or riding, any where out of the enclosure of the owner or keeper of such dog; and any person may kill any dog, that shall be found out of the enclosure or immediate care of its owner or keeper, worrying, wounding or killing any neat cattle, sheep or lambs. SECT. 15. If any person shall be assaulted by any dog, in manner as aforesaid, or if any dog shall hereafter be found strolling out of the enclosure or immediate care of its owner or keeper, and if such person shall, at any time within forty eight hours after such an assault, or the finding of such dog strolling as aforesaid, make oath thereof, before any justice of the peace for the county, or before the clerk of the town where the owner of such dog shall dwell, and shall further swear that he suspects such dog to be a dangerous or mischievous. dog, and shall give notice thereof to such owner or keeper, by delivering him a certificate of such oath, signed by such justice or clerk, the owner or keeper of such dog shall forthwith kill or confine the same; and if he shall neglect so to do, for the space of twenty four hours, after notice is given as aforesaid, he shall forfeit the sum of ten dollars, to be recovered to the use of the town, on complaint before any justice of the peace. SECT. 16. If, after such notice, such dog shall not be killed or If owner neglects, after noconfined, but shall again be found strolling out of the enclosure or tice, any perimmediate care of its owner or keeper, any person may kill such son may kill dog; and in any suit brought therefor, the defendant may plead the 1791, 38, § 2. general issue and give the special matter in evidence. his dog. SECT. 17. If any dog, after notice given to the owner or keeper, Owner liable to treble damages, as before provided, shall, by any sudden assault, in manner as aforein case, &c. said, wound or cause to be wounded, any person, or shall worry, 1791, 38, § 4. wound or kill any neat cattle, sheep or lambs, or do any other mischief, the owner or keeper shall be liable to pay to the person injured thereby treble damage, to be recovered with costs, by action of debt. PART II. OF THE ACQUISITION, THE ENJOYMENT AND THE TRANSMISSION OF PROPERTY, REAL AND PERSONAL; THE DOMESTIC RELATIONS, AND OTHER MATTERS CONNECTED WITH PRIVATE RIGHTS. TITLE I. Of real property, and the alienation thereof. CHAPTER 59. Of alienation by deed; and of the legal formalities, the construction, and the operation of deeds for the conveyance of lands. CHAPTER 60. Of estates in dower, by the curtesy, for years, and at will; and general provisions concerning real estate. CHAPTER 59. OF ALIENATION BY DEED; AND OF THE LEGAL FORMALITIES, THE CONSTRUCTION, AND THE OPERATION OF DEEDS FOR THE CONVEYANCE OF LANDS. |
