1. From and after the first day of July next, every hawker, pedlar, or petty chapman, or other person, going from town to town, or from place to place, or from dwelling-house to dwelling-house, in the same town, either on foot, or with one or more horses, or otherwise carrying for sale, or exposing to sale, any goods, wares or merchandise, or taking a residence in any town for that purpose, for a less time than one year, except as provided in the second section, or under a license, granted as hereinafter provided, shall forfeit a sum not exceeding two hundred dollars for every offence; and that nothing contained in this section shall be construed to restrain sales at public auction, according to law. Stat. of 1846, c. 244, § 1.

2. Any person may go about, as aforesaid, selling and exposing to sale, any fruits and provisions whatever, live animals, brooms, agricultural implements, fuel, newspapers, books, or pamphlets, agricultural products of the United States, the products of his own labor or any labor of his own family; but the sale of jewelry, wines, spirituous liquors, playing cards, indigo, and feathers, as aforesaid, is hereby prohibited: provided, if the city council of any city shall authorize the mayor and aldermen of such city, or the inhabitants of any town shall authorize the selectmen of such town to restrain the sale, by minors, of any goods, wares, or merchandise, the sale of which in the manner aforesaid, is permitted in this section, such mayor and aldermen, or selectmen, while such authority remains in force, may exercise in the premises, all the powers they are by law authorized to exercise in relation to theatrical exhibitions and public shows; and any violation of such restraint, when the same shall be imposed by the regulations of said mayor and aldermen, or said selectmen, or any sale of the articles in question, without a license, where the same shall be required in exercise of the authority above. granted, shall subject the persons guilty of the same to a

penalty not exceeding ten dollars for every offence: provided, further, that no such restraint imposed, or license granted, shall remain in force beyond the term of office, of those by whom the same was imposed or granted. lb. $2.

3. The secretary of the Commonwealth may grant a license to go about selling and exposing to sale, any goods, wares or merchandise, not prohibited in the second section, to any applicant, who shall file in his office, a certificate, signed by a majority of the selectmen of any town, or the mayor of any city, in the Commonwealth, which certificate shall state that, to the best knowledge and belief of such mayor or selectmen, the applicant therein named, is a citizen of the United States, and resides in such city or town, and is in good repute for morals and integrity. And the mayor or selectmen as aforesaid, before granting such certificate, shall require every such applicant to make oath that he is a citizen of the United States, and is a resident of such city or town, which oath shall be certified by a justice of the peace and accompany the certificate. Ib. §3.

4. The secretary of the Commonwealth shall cause to be inserted, in every license, the names of such cities and towns as the applicant shall select, with the sum to be paid to the respective treasurers thereof, annexed, and shall receive from the applicant one dollar for each city or town so inserted; and every person so licensed, is hereby authorized to sell, as aforesaid, any goods, wares or merchandise, not prohibited in the second section, in any city or town mentioned in his license, upon first tendering to the treasurer thereof, the sum stated to be due; and the treasurer of such city or town shall make a certificate on the face of the license, stating the sum so received. No license granted under this act shall be pleaded in bar to any complaint against the person licensed, if it be proved that he exposed to sale in any county, city or town mentioned in

such license, any article not permitted or prohibited in the second section, prior to tendering to the treasurer thereof the sum required by this act, or in any county, city or town, not mentioned in such license: provided, that this act shall not be construed to require any person so licensed, to pay the sum due to the treasurer of any county, city, or town, before he is prepared to trade therein. 1b. § 4.

5. Every person licensed under the foregoing sections, in addition to the sum payable to the secretary of the Commonwealth, shall pay to the treasurer of each city or town, mentioned in his license, the sums following:-For every town containing not more than one thousand inhabitants, according to the United States census, next preceding the date of any license, three dollars. For every town containing more than one thousand and not more than two thousand inhabitants, six dollars. For every town containing more than two thousand and not more than three thousand inhabitants, eight dollars. For every town containing more than three thousand and not more than four thousand inhabitants, ten dollars. And for every town containing more than four thousand inhabitants, the sum shall be increased in addition, to ten dollars, one dollar for every one thousand inhabitants, over four thousand contained therein: provided, that the sum to be paid to the treasurer of any city or town shall, in no case, exceed twenty-five dollars. Ib. § 5.

6. The secretary of the Commonwealth shall keep a record of all licenses granted, with the number of each, the name and residence of the person licensed, and the counties, cities and towns mentioned therein, and also of all special state licenses. The treasurers of the counties, cities and towns, shall severally keep records of all licenses upon which the sums provided in this act have been paid, with the number of each, the name and residence of

the persons licensed, and the sums received thereon, and all such records shall be open for public inspection. Ib. § 6.

7. All sums paid to the secretary of the Commonwealth under this act, shall be for the use of the Commonwealth ; and all sums paid to the treasurer of any county, city or town, shall be for the use of the county, city or town, so receiving the same. Any license granted under this act, upon proceedings had by the applicant, as provided in the third section, may be transferred by the secretary of the Commonwealth, and the person to whom such license is transferred, shall be liable, in all respects, as if he were the person originally licensed. Ib. § 8.

8. Every person licensed as herein provided, shall post his name, residence, and the number of his license, in a conspicuous manner, upon his parcels or vehicle, and whenever such license is demanded of him, by any selectman or justice of the peace, he shall forthwith exhibit it, and if he neglect or refuse to do so, shall be subject to the same penalty as if he were without a license, and this act, or a synopsis thereof, shall be printed on every license. lb. § 9.

14. Penalty on towns, for neglect, | ter courses so as to incommode, &c.

15. Fines imposed, to be appropriated for repairs.

16. It town, &c., has, within six years, made repairs, they shall not deny location.

17 Surveyors liable to towns for deficiencies, &c,

18. Towns pay all damages occasioned by repairs of ways.

19. Towns may regulate traveling over town bridges, in case, &c. 20. By laws in such case to be posted up.

21. Gates, rails, &c. on highways and town ways may be removed. 22. Same subject.

23. Towns may raise money to be expended in labor and materials to repair highways.

24. Towns may raise highway taxes in money.

25. Non-residents, how assessed for highway.

26. Surveyors of highways authorized to reinove all obstructions. 27. Surveyor, not to remove any fence, &c., put up to prevent the spreading of diseases.

28. Surveyors shall not turn wa

&c.

29. Half the tax to be expended before the first of July.

30. Money, how expended. 31. Surveyors to give notice of the times for working taxes.

32. Delinquents, to be returned to assessors, and their tax to be collected in money.

33. Surveyor's power when the sum voted is deficient, or not paid in.

34. If towns neglect to raise money, surveyors, with consent of selectinen, may repair at town's expense.

35. Surveyor cannot repair at his own expense and charge town.

36. Surveyors may be authorized to contract for repairing ways.

37. Surveyors may be authorized to collect taxes in money in case, &c.

38. Surveyors to exhibit tax bill and render account of moneys ex. pended.

39. Surveyors to pay over any surplus in their hands.

40. Penalty for any neglect to pay over.

1. Each town shall choose at the annual meeting in such manner as it shall determine, one or more suitable persons to be surveyors of highways, who shall be sworn to a faithful discharge of the duties of office. R. S. ch. 15, §

33.

2. If any person, chosen surveyor of highways, shall refuse to serve in that office, he shall forfeit to the use of his town, a sum not exceeding ten dollars; but no person shall be obliged to serve in that office oftener than once in three years. lb. 81. §

3. Every surveyor of highways, who shall accept that trust and neglect the duties of his office, shall forfeit to the use of the town, the sum of ten dollars for each neglect. lb. § 82.

4. Any surveyor of highways may be prosecuted by indictment, for any deficiency in the highways within its lim