or craft, nor in any case without a permit being first obtained from the selectmen of the town. Ib. § 16.

7. 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 offence was committed. Ib. § 17.

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. ch. 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.

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, t'at 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. 16. 98.

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

1. Towns may order how gun- | is unlawfully kept.

powder shall be kept within the 3. Penalty for unlawfully keeping gunpowder. 4. Gun cotton.

town.

2. Justices to issue warrants for searching places where gunpowder

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. S. ch. 58, § 7.

R.

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. of 1847, c. 51.

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

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

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

articles 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, ch. 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 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. 1b. § 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. lb. § 4.

XIII. POWER ON SELECTMEN AS TO RECOGNIZANCE OF

TOWNS.

1. Selectmen may authorize per- 2. Surety not required in such sons to enter into recognizances in recognizance.

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

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

4. Effect of not removing within time allowed.

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

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

8. Filing of description with the clerk, and acceptance by the town, pre requisites to a town or private way.

9. A vote of a town that selectmen lay out a way, unauthorized and improper.

10. Highways shall not be laid out over any burying grounds, unless, &c.

11. Town ways shall not be laid out through private burying places. 12. Permanent bounds to be erected at the terminations and angles of ways.

13. Towns may discontinue town,

&c. ways.

14. If selectmen unreasonably refuse, &c., party may appeal to commissioners.

15. Omission of selectmen to make written report, constitutes such refusal.

16. When a town way is to be considered as established.

17. Appeal given, if towns refuse to accept ways.

18. Same, if towns refuse to discontinue.

19. When towns are debarred froin laying out, &c.

20. When town shall not contest legality of town ways.

21. Towns may raise money for highways and town ways.

22. Limitation of power. 23. County commissioners may lay out private ways in certain

cases.

24. Ways, &c, established by dedication not to be chargeable to towns, &c., until laid out according to law.

25. Entrances of such ways to be closed up, or the public otherwise cautioned against the use thereof, when necessary for the public safety.

26. Towns and cities liable for damages arising from defects in such ways, unless closed up, or notice given.