his doings thereon to said clerk forthwith. 469, 1. Stat. 1855, c. 19. The mayor and aldermen of any city, or the selectmen of any town, shall have the same power and authority to abate and remove any such nuisance as are given to the board of health in the tenth and eleventh sections of the twenty-first chapter of the Revised Statutes. St. 1855, c. 469, § 2. 20. Any owner aggrieved by any order passed under the provisions of the eighteenth section upon application to the court of common pleas, or to any justice thereof, in vacation may obtain a jury to review their decision; and for the proceedings upon such an application, see the act itself. Stat. 1855, c. 469, § 3, 4, 5. 21. This act shall not be in force in any town or city, unless the inhabitants of the town, or the city council of the city, shall adopt the same at a legal meeting of said inhabitants or city council called for that purpose. 1855, c. 469, § 6. Stat. 22. The mayor and aldermen of any city, or the selectmen of any town, may license all theatrical exhibitions, public shows, public amusements, and exhibitions of every description, to which admission is obtained upon payment of money, or the delivery of any valuable thing, or by any ticket or voucher obtained for money, or any valuable thing, upon such terms and conditions as they shall think reasonsble; and they may revoke or suspend the same whenever there shall appear to them to be sufficient cause for such revocation or suspension. Stat. 1849, c. 231, § 1. 23. Any person who shall offer to view, or shall set up, set on foot, maintain or carry on, or shall publish, or otherwise assist in or promote any such exhibition, show or amusement, as mentioned in the preceding section, without a license as therein specified, shall be punished by a fine not exceeding five hundred dollars for each offence. 1849, c. 231, § 2. Stat. 24. Any person who shall get up and set on foot, or cause to be published, or otherwise aid in getting up and promoting any masked ball, or other public assembly, at which the company wear masks, or other disguises, and to which admission is obtained upon payment of money, or the delivery of any valuable thing, or by any ticket or voucher obtained for money, or any valuable thing, and shall be punished by a fine not exceeding five hundred dollars; and, for a repetition of the offence, by imprisonment in the common jail, or house of correction, not exceeding one year. Stat. 1849, c. 231, § 3. IX. DUTIES OF SELECTMEN AS TO OYSTERS AND SHELL FISH, IN CERTAIN TOWNS. 1. Penalty for unlawfully taking oysters, &c. 2. Selectmen may give permits. 3. Selectmen to license the planting &c., of oysters in flats and creeks, &c., for not more than twenty years. 4. License to describe the flats, &c., so appropriated and to be recorded. 5. Fees for license and recording. 6. Penalty for taking, &c.. any other shell fish in certain towns. 7. When vessels with oysters, &c., on board, may be seized. 8. The prohibitions as to the shell fish, not to extend to Indians, &c. 9. Provisions as to the town of Chatham. 10. Penalty how recovered, &c. 1. No person shall take any oysters from their beds, or destroy them, or wilfully obstruct their growth therein, in any part of this state, except as is provided in the following section; and every person, who shall otherwise take, destroy, or obstruct the same, shall forfeit, for every bushel of oysters, (including the shells,) so taken or destroyed, the sum of two dollars. R. S. c. 55, § 11. 2. The selectmen of any town, wherein oyster beds shall be, may give permits, in writing, to any person, to take oysters from their beds, at such times, in such quantities, and for such uses, as the said selectmen shall think reasonable, and shall express in their said permits; and every inhabitant of such town, without such permit, may take oysters from such beds therein, for the use of his family, from the first day of September to the first day of June, annually. Ib. § 12. 3. The selectmen of any town may by writing under their hands, grant a license for a term of time not more than twenty years, to any person or persons inhabitants of such town, to plant, grow and dig oysters upon, and in any flats and creeks in such town at any place where there is no natural oyster bed, provided that such license shall not impair the private rights of any person, or materially obstruct the navigable waters of any creek or bay. St. 1848, c. 152, § 1. 4. All licenses so granted shall contain a description by metes and bounds of the flats and creeks so appropriated, and shall be recorded by the town clerk on the records of such town, before they shall be of any force or validity. Stat. 1848, c. 152, § 2. 5. Every person receiving such license, shall pay to the selectmen so granting it two dollars for their use, also to the town clerk for recording such license, the sum of fifty cents. Stat. 1848, c. 152, § 5. 6. If any person shall take any other shell fish from their beds, or destroy them, or wilfully obstruct their growth therein, in any of the towns of Malden, Medford, Charlestown, Rochester, Wareham, Hingham, Plymouth, Sandwich, Barnstable, Yarmouth, Eastham, Dennis, Wellfleet, Chatham, Nantucket, Edgartown, Tisbury, Dartmouth, Westport, Freetown, Fall River, Swanzey, New Bedford, Fairhaven, Somerset, Berkley, Brookline, Braintree, Weymouth, Chelsea, Brewster, Essex, Hull, Kingston, or Falmouth, except as is hereinafter excepted, the person, so offending, shall forfeit for every bushel of such other shell fish, including the shells thereof, the sum of one dollar; provided, the selectmen of each of the said towns may, at all times, give permits in writing, to any person, to take such other shell fish from their beds in said towns, at such times, in such quantities, and for such uses, as the said selectmen shall deem reasonable, and shall express in their permit; and every inhabitant of each of the said towns, without such permit, may take such other shell fish from such beds therein, for the use of his family. Ib. § 13. Stat. 1843, c. 10. Stat. 1838, c. 110. Stat. 1840, c. 9. 7. If any vessel, boat, or craft shall be found within the limits of any town, and not owned therein, with any oysters on board, taken in such town without such permit, or within the limits of any of the towns, mentioned in the preceding section, and not owned therein, with other shell fish on board, taken in such town without such permit, any inhabitant of any town, wherein such vessel, boat, or craft, shall so be found trespassing, may seize and detain the same, not exceeding forty eight hours, in order that the same, if need be, may, in that time, be attached or arrested by due process of law, to satisfy the said fines and forfeitures, with costs; provided, however, that if the owner or master of any such vessel, boat or craft, shall, before the prosecution is instituted for the same, pay such forfeiture to the treasurer of the town, in which the same shall be incurred, such vessel, boat or craft, with the effects therein, shall be discharged. R. S. c. 55, § 14. 8. Nothing contained in sections one, two, six and seven, shall be construed to deprive any native Indians of the privilege of digging shell fish for their own consumption, or to prevent any fisherman from taking any quantity of shell fish, which he may want for bait, provided it do not exceed seven bushels, including their shells, at any one time. Ib. § 15. 9. No fisherman or any other person shall take, from the towns of Chatham and Nantucket any shell fish, for bait or other use, except clams and a shell fish commonly known by the name of horse-feet; and no quantity, exceeding seven bushels of clams, including the shells, or one hundred of said horse-feet, shall be taken in one week, for each vessel or craft, nor in any case without a permit being first obtained from the selectmen of the town. Ib. § 16. Stat. 1850, c. 6, § 2. 10. All the said fines and forfeitures shall enure to the use of the town wherein the offence shall be committed, and may be recovered, by indictment or on complaint before any justice of the peace, in the county where the of fence was committed. Ib. § 17. X. DUTY OF SELECTMEN AS TO HAY SCALES. 1. Weighers of hay to be appointed. mayor &c. or selectmen. 2. Their duty. 3. May be removed. 4. Penalty for setting up hay scales without authority. 5. Inspectors of bale or bundle, hay to be appointed in cities and towns by 6. Removal of and filling of vacan 1. The selectmen of each town, and the mayor and aldermen of any city may, from time to time, appoint, for a term not exceeding one year, some person or persons to have the superintendence of the hay scales belonging to such town or city, who shall weigh hay offered for sale in such town or city, and any other article offered to be weighed. R. S. c. 28, § 95. 2. The persons so appointed shall conform to all such rules and regulations, as shall be established by the selectmen or city council, respectively, concerning the said hay scales, and the compensation or fees for weighing hay and other articles. Ib. § 96. 3. The said selectmen or city council, respectively, may remove any weigher of hay, and fill any vacancy that may occur from death or otherwise. Ib. § 97. |