4. No minor shall be bound as aforesaid, unless by an indenture of two parts, sealed and delivered by both parties; and when made with the approbation of the selectmen, their approbation shall be certified in writing, signed by them, upon each part of the indenture. Ib.§ 4.

5. One part of the indenture shall be kept for the use of the minor, by his parent or guardian, when executed by them respectively; and when made with the approbation of the selectmen, it shall be deposited with the town clerk, and be safely kept in his office for the use of the minor. Ib. 5.

6. All considerations, of money or other things, paid or allowed by the master, upon any contract of service or apprenticeship, made in pursuance of these provisions shall be paid or secured to the sole use of the minor thereby bound. Ib. § 9.

7. No indenture of apprenticeship or service, made in pursuance of this chapter, shall bind the minor after the death of his master, but the apprenticeship or service shall be thenceforth discharged, and the minor may be bound out anew. Ib. § 24.

8. Any indenture of apprenticeship or service, made in pursuance of this chapter, by or in behalf of a minor, may be made either with a woman or a man, and all the foregoing provisions shall apply as well to mistresses as to masters. Ib. § 25.

9. It is the duty of the selectmen to inquire into the treatment of children bound with their approbation or that of their predecessors in office, and to defend them from all cruelty, neglect, and breach of contract on the part of their masters. Ib. § 10.

10. In case of such misconduct or neglect of the master, a complaint may be filed by the selectmen in the court of common pleas in like manner as may be done by overseers of the poor. Ib. § 11. See ante, pp. 172, 173, 174.

11. If the complaint shall not be maintained, the selectmen will not be liable to cost unless it shall appear that the complaint was made without any just or reasonable cause. Ib. 13.

VIII. DUTIES OF SELECTMEN AS TO OFFENSIVE TRADES, THEATRICAL EXHIBITIONS, &c.

1. To assign places for offensive trades.

2. To assign places for livery stable and sail makers' lofts in maritime towns.

3. May license theatrical exhibitions, &c.

4. Penalty for setting up any exhibition contrary to law, or aiding therein.

&c.

5. May license sale of rockets,

6. May license firing of the same.

1. The selectmen of every town, and the mayor and aldermen of the city of Boston, respectively, when they shall judge it necessary, shall, from time to time, assign certain places for the exercising of any trade or imployment, offensive to the inhabitants, or dangerous to the public health; and they shall forbid the exercise of either of them in places not so assigned; and all such assignments shall be entered in the records of the town or city; and they may be revoked, when the town or city officers shall think proper. R. S. ch. 21, § 47.

2. If any person shall occupy or use any building whatever, in any maritime town, for the business or employment of a sail maker or rigger, or keeper of a livery stable, except in such parts of the town as the selectmen thereof shall direct, he shall forfeit a sum 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. R. S. ch. 58, § 4.

3. The selectmen of any town may at any meeting held for that purpose, license all theatrical exhibitions, public shows and exhibitions of any description, to which admis

sion is obtained on payment of money, upon such terms and conditions as they shall 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. Ib. § 1.

4. Any person, who shall set up or promote any such exhibition or show, or shall publish or advertise the same or otherwise aid or assist therein, without a license first obtained, as above provided, or contrary to the terms and conditions of such license, or while the same is suspended, shall forfeit a sum not exceeding two hundred dollars. Ib. § 2.

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. lb. § 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, wihout 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. Ib. § 6.

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.

Penalty for taking, &c., any other shell fish in certain towns.

When vessels with oysters, &c, on board, may be seized,

5. The prohibitions as to shell 6. Provisions as to the town of fish, not to extend to Indians, Chatham. &c.

7. 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. ch. 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. 16. §. 12.

3. 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, IIull, 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. St. 1838, ch. 110. St. 1840, ch. 9. St. 1843, ch. 10. St. 1839, ch. 84.

4. 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. ch. 55, § 14.

5. Nothing contained in the four preceding sections 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.

6. No fisherman or any other person shall take, from the town of Chatham, 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