4. If any person, not appointed as aforesaid, shall set up any hay scales in any town or city, for the purpose of weighing hay, or other articles, he shall forfeit the sum of twenty dollars a month, so long as the same shall be continued, to be recovered by an action of debt, and appropriated to the use of said town or city; provided, however, that this and the three preceding sections shall not apply to any town, which shall not adopt the same, and shall cease to operate in such town, when the town shall so determine. Ib. 98.

5. The mayor and aldermen of each city and selectmen of each town in this Commonwealth in which bale or bundle hay is sold may, on the petition of ten or more legal voters of such city or town, annually appoint one or more persons as inspectors of bale or bundle hay, who shall be sworn to the faithful discharge of the duties of their office. Stat. 1847, c. 246, § 1.

6. Said mayor and aldermen, and selectmen respectively, may remove any inspector so appointed, and fill any vacancy that may occur from death or otherwise. Stat. 1847,

c. 246, § 2.

7. For the Duties, Fees, &c. of the Inspectors, see act itself, sections 3, 4, 5, 6.

8. Any person who shall sell any bale or bundle hay in any city or town in this Commonwealth where an inspector is appointed, as required by this act, which has not been inspected and weighed as herein provided, shall forfeit for each bale or bundle so sold two dollars, to be recovered in any court proper to try the same, one half to the complainant and the other half to the city or town in which such sale shall have been made, provided, that no inspection. under this act shall be made where the vendor and vendee shall certify in writing to the inspector that they object to an inspection. Stat. 1847, c. 246, § 7.

XI. DUTY OF SELECTMEN AS TO THE KEEPING OF GUNPOWDER AND GUN COTTON.

1. The inhabitants of every town may order, that no gunpowder shall be kept in any place, within the limits of such town, unless the same shall be well secured in tight casks or canisters; and that no gunpowder, above the quantity of fifty pounds, shall be kept 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. R. S. c. 58, § 7.

2. Upon complaint made to any justice of the peace, by either of the selectmen or firewards of any town, that he has probable cause to suspect, and doth suspect, that gunpowder is deposited and kept within the limits of the town, contrary to law, such justice may issue his warrant, directed to either of the constables of such town, ordering him to enter any shop, store or other building, or 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. Ib. § 8.

3. 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. Ib. § 9.

4. The inhabitants of any town, and the government of any city in this Commonwealth, may order that no guncotton, or other substance prepared, like it, for explosion, shall be kept within the limits of such town or city, excepting under the regulations and penalties that are now applicable by law to gunpowder; and, if it shall be considered necessary for public safety, they may restrict the quantity to be so kept to one fifth of the weight of gunpowder allowed by law in each case provided for. Stat. 1847, c. 51.

5. If any person shall have in his possession, with intent to sell, or shall offer for sale, or shall sell, or give away, any of the fireworks called rockets, crackers, squibs or serpents, without first having obtained the license of the selectmen of the town, he shall, for every such offence, forfeit a sum not exceeding ten dollars, to the use of the town in which the offence shall have been committed. Ib. § 5.

6. If any person shall have in his possession, with intent to set fire to, or shall set fire to any rocket, cracker, squib or serpent, or shall throw any lighted rocket, cracker, squib or serpent, 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.

7. The inhabitants of any town,

Ib. § 6.

and the city council of

any city, in this Commonwealth, may make and adopt such rules and regulations in relation to the storage and sale, within the limits of such town or city, of camphene, or any similar explosive or inflammable fluid, as they may deem reasonable, and may annex penalties to any breach of such rules and regulations, not exceeding twenty dollars for any one offence. Stat. 1850, c. 165.

XII. DUTY OF SELECTMEN AS TO DEALERS IN SECOND HAND ARTICLES.

1. License may be granted to deal in old and second hand articles.

2. Place of dealing to be designated; conditions and term of license. 3. Penaity for dealing in such arti

cles without license, or at places not designated.

4. City council may suspend the provisions of this title; provisions not to take effect in towns until adopted in town meeting.

1. The mayor and aldermen of any city, and the selectmen of any town, may license such persons as they deem suitable to be keepers of shops for the purchase, sale, or barter of junk, old metals, or of any second-hand articles, and to be dealers therein. Stat. 1839, c. 53, § 1.

2. The licenses to such person shall designate the place where the business is to be carried on, and contain such conditions and restrictions as may be prescribed by the ordinances and by-laws of the city or town wherein the same are granted, and shall continue in force for one year unless sooner revoked. Ib. § 2.

3. No person unless licensed as aforesaid, shall keep any shop for the purchase, sale, or barter of the articles as aforesaid, or be a dealer therein; nor shall any person, so licensed, keep such shop, or be a dealer in said articles in any other place or manner than as is designated in his license, or after notice to him that said license has been revoked, under the penalty of a sum not exceeding twenty dollars for every offence, to be recovered by complaint in any police court, or by indictment in any court of record

in the county where such offence may be committed. 16. § 3.

4. The city council of any city may suspend or dispense with the preceding provisions so far as the same apply to such city; provided, that no offence committed and no penalty incurred before such suspension shall take effect, shall be affected thereby; and the preceding provisions. shall not extend to any town unless the inhabitants thereof shall, at a legal meeting, adopt the same. Ib. § 4.

XIII. POWER OF SELECTMEN AS TO RECOGNIZANCE OF

1.

TOWNS.

Selectmen may authorize per- 2. Surety not required in such recsons to enter into recognizances in be- ognizance.

half of the town.

1. When any city or town shall be required to enter into recognizance, the mayor and aldermen of the city, or the selectmen of the town, may by an order or vote authorize any person to enter into the recognizance in the name and behalf of the city or town, and such recognizance shall be binding on the city or town,and on the inhabitants thereof, like any other contract lawfully made by such corporation. Art. of amendment, § 88.

2. No surety shall be required in any recognizance of a city or town. Ib. § 89.

XIV. DUTIES OF SELECTMEN IN LAYING OUT TOWN AND PRIVATE WAYS.

1. Selectmen may lay out town ways and private ways.

2. Authority of selectmen limited, to roads having their termini within the town.

3. Notice to be given by selectmen, before laying out, &c.

4. Owner of land to have time to remove trees, &c,

5. Effect of not removing within time allowed.

6. Time may be extended by jury, &c.

7. Damages how awarded & paid. 8. Damages not to be claimed till land is entered upon.

9. Filing of description with the clerk, and acceptance by the town,