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any way concerned with the same, shall be subject to the regulations of the said board of health, as before provided. Stat. 1837, c. 244, § 2. Stat. 1848, c. 119.

54. When any disease dangerous to the public health, is found to exist in any town, the selectmen and board of health shall use all possible care to prevent the spreading of the infection, and to give public notice of infected places to travelers, by displaying red flags at proper distances, and by all other means which in their judgment shall be most effectual for the common safety. R. S. c. 21, § 41. Stat. 1838, c. 158.

55. If any physician or other person, in any of the hospitals or places of reception before mentioned, or who shall attend, approach or be concerned with the same, shall violate any of the regulations lawfully made in relation thereto, either with respect to himself, or his or any other person's property, the person so offending shall, for each offence, forfeit a sum not less than ten nor more than one hundred dollars. Ib. 42. Stat. 1838, c. 158.

56. When any householder shall know that any person within his family is taken sick of the small pox, or any other disease dangerous to the public health, he shall immediately give notice thereof to the selectmen or board of health of the town in which he dwells; and if he shall refuse or neglect to give such notice, he shall forfeit a sum not exceeding one hundred dollars. R. S. c. 21, § 43. Stat. 1838, c. 158. Stat. 1840, c. 39.

57. When any physician shall know that any person whom he is called to visit, is infected with the small pox, or any other disease dangerous to the public health, such physician shall immediately give notice thereof to the selectmen, or board of health of the town in which the diseased person may be; and every physician, who shall refuse or neglect to give such notice, shall forfeit for each offence a sum not less than fifty nor more than one hun, dred dollars. Ib. § 44,

58. Each town may, at any meeting, make suitable provision for the inoculation of the inhabitants with the cow pox, under the direction of the board of health of each town, or of a committee chosen for that purpose; and they shall raise all necessary sums of money, to defray the expenses of such inoculation, in the same manner as other town charges are paid. lb. § 45.

59. All fines and forfeitures incurred under the general laws, or the special acts, applicable to any town or city, or the ordinances, by-laws, and regulations of any town or city relating to health, shall enure to the use of such town or city, and may be recovered by complaint in the name of the treasurer, or any police officer, before any justice of the peace of the county, or police court of the city, in which the offence may have been committed. St. 1854, c. 87. 5 Cush. 408.

Ib. § 7.

MEASUREMENT, INSPECTION &c., OF CERTAIN ARTICLES OF MERCHANDIZE.

I. WOOD, BARK AND CHARCOAL.

1. Appointment of wood and bark

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8. Carters to have tickets, &c. 9. Dimensions &c., of charcoal baskets, tubs or measures.

10. Dimensions of charcoal boxes, bins or cans.

11. Penalties for using illegal meas

ures.

12. Mayor and aldermen and selectmen to appoint persons to seize illegal

measures.

13. Forfeitures recoverable before justice of the peace or police court.

town shall, in the month of

1. The selectmen of each March or April, annually, appoint as many measurers of fire-wood and bark, as the inhabitants shall at their annual meeting determine, unless the inhabitants themselves at such annual meeting shall choose them; and every such measurer so appointed or chosen shall be sworn to the

faithful discharge of the duties of his office. R. S. c. 15, § 33, § 38.

2. All cord wood exposed to sale shall be either four feet, three feet, or two feet long, including half the carf; and the wood being well and close laid together, shall measure in quantity equal to a cord of eight feet in length, four feet in width, and four feet in height. R. S. c. 28, § 200.

3. The government of any city of this Commonwealth, which by a vote of its city council shall adopt this act, may establish ordinances and regulations, with suitable penalties, for the inspection, survey, admeasurement, and sale of bark, for fuel or manufacturing purposes, brought by land or by water into said city for sale, whether the same shall be exposed for sale in ranges or upon any cart or other vehicle; and said city may also 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 of office; provided, however, that no one penalty for any one violation shall exceed the sum of five dollars. Stat. 1854, c. 361.

4. If any fire-wood or bark, exposed to sale in any market, or upon any cart or other vehicle, shall be offered for sale before the same shall have been measured by a public measurer of wood and bark, and a ticket thereof signed by him delivered to the driver, certifying the quantity of wood which the load contains, the name of the driver, and the town in which he resides, the driver and owner of such wood or bark shall, for each load thereof, severally forfeit the sum of five dollars to the use of the county where such wood or bark shall be so offered for sale. Ib. § 201. St. 1853, c. 4.

5. Bark lying on the owner's land in the country need not be measured by a public measurer before it is offered for sale. 7 Cush. 371.

6. The measurers of wood and bark in any town shall be entitled to such fees for their services, as the selectmen of such town shall establish; and the said fees shall, in each case, be paid to the measurer, by the driver, and shall be repaid by the purchaser. Ib. § 202.

7. All cord wood, brought by water into any town for sale, and landed, shall be measured by a measurer, sworn as aforesaid; and for that purpose, the wood shall be corded and piled by itself in ranges, making up in height what shall be wanting in length, and being so measured, a ticket shall be given to the purchaser, who shall pay the stated fees for such service. Ib. § 203.

8. Each wharfinger, carter or driver, who shall convey any firewood or bark from any wharf or landing place in any town, shall be furnished by the owner or seller of such wood or bark, with a ticket certifying the quantity which the load contains, and the name of the driver; and if any firewood or bark shall be conveyed as aforesaid, without such ticket accompanying the same, or if any driver shall refuse to produce and show such ticket on demand, to any measurer duly sworn as aforesaid, or to give his consent to have the same measured, or if such tickets shall certify a greater quantity of wood or bark than the load contains, in the opinion of the measurer aforesaid, after measuring the same, the driver and owner of such wood or bark shall for each load thereof, forfeit the sum of five dollars, to the use of the town where the offence shall be committed; provided, nevertheless, that nothing contained in this chapter shall be construed to extend to any person who shall transport or cart, or cause to be transported or carted, from any wharf or landing place to his own dwelling house or store, any cord wood or bark which he shall have purchased on such wharf or landing place, or shall have landed thereon upon his own account. Ib. § 204.

9. From and after the first day of July next, in the sale of

charcoal, all baskets, tubs, or measures, used in measuring the same, except as hereinafter provided, shall be of a cylindrical form, and of the following dimensions in the inside thereof, to wit; nineteen inches in diameter in every part thereof, and eighteen inches and one tenth of an inch in depth, measured from the highest part of the bottom thereof; which basket, tub, or measure shall be deemed to be of the capacity of two bushels, and shall be filled level full; and every such basket, tub, or measure shall be sealed by a sealer of the town or city in which the person using the same shall usually reside or do business. Stat. 1853, c. 305, § 1.

10. It shall further be lawful, in the sale of charcoal, to measure the same in boxes, bins, or cans, of the following capacities, to wit; of five bushels, ten bushels, twenty bushels, thirty bushels, forty bushels, or fifty bushels, such boxes or bins 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 or tub described in the preceding section. Stat. 1853, c. 305, § 2.

11. Every person who shall measure any charcoal sold or offered for sale in any basket, tub, box, bin, vessel, or measure, other or of less dimensions than herein described, for such measures respectively, or not sealed as herein provided, unless by special agreement of the purchaser and seller, shall forfeit a sum not exceeding one dollar for each amount of two bushels of charcoal so measured or pretended to be measured, one half to the use of the city or town where the offence shall be committed, and the other half to the complainant; and such basket, tub, bin, vessel, or measure shall be destroyed. Stat. 1853, c. 305, § 3.

12. The mayor and aldermen of any city, or the selectmen of any town, shall appoint one or more suitable persons to seize and destroy all baskets, tubs, boxes, bins,

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