Penalty for selling adulterated oil as pure oil. R. S. 28, § 171. 1852, 312. Same subject. to the purchaser for double the amount of the difference in value between pure spermaceti oil and whale oil,,when the quantity sold exceeds five gallons, and four times the difference when said quantity is less than five gallons, unless the proportions of the respective oils of which the mixture consists are disclosed to the purchaser in writing at the time of sale; and when the quantity sold is less than five gallons, the vendor shall attach to the vessel in which it is delivered a label, upon which shall be legibly written the names and proportions of the respective oils composing such mixture. SECT. 159. Whoever sells any oil or oils commonly known under the names of sperm, spermaceti, lamp, summer, fall, winter, and second winter oils, which have been adulterated from pure spermaceti oil, by a mixture of whale, tight pressed, or other inferior oil, and does not, in the manner prescribed in the preceding section, disclose to the purchaser the proportion of the oils of which it consists, shall for each offence forfeit the sum of fifty dollars, to be recovered in an action of tort by the person suing for the same, and to his use. SECT. 160. Oils sold under any of the names mentioned in the preR. S. 28, § 172. ceding section which have been mixed with tight pressed oil shall be deemed tight pressed oil, and the vendor thereof, or of tight pressed oil under any of the names aforesaid, shall be liable to the purchaser for double the value of the difference between the first quality of spermaceti oil and tight pressed oil, and to the penalties provided in the preceding section; unless at the time of sale the vendor discloses in writing the mixture aforesaid, and, if not mixed, its quality. Test. R. S. 28, § 173. Paper, how packed and marked. R. S. 28, § 174. Penalty for selling paper not packed, &c. R. S. 28, § 175. 1839, 135. Forfeiture. R. S. 28, § 176. SECT. 161. The test of pure spermaceti oil shall be Harris's ole ometer. PAPER. SECT. 162. No paper, excepting paper of foreign manufacture, press paper, bonnet paper, and paper usually sold by weight, shall be sold or offered for sale, unless the same is packed in reams, half reams, or quarter reams, each ream containing twenty quires, each half ream, ten quires, each quarter ream, five quires, and each quire, twenty-four sheets; and unless on the face of each parcel there are stamped or otherwise legibly marked the names of the manufacturers, their place of residence, and the words one ream, half ream, or quarter ream, as the case may be: provided, that printing paper may be packed in parcels of two reams each, and shall be stamped or otherwise legibly marked with the words two reams, and the names of the manufacturers, and their place of residence. SECT. 163. Whoever offers for sale or sells any paper contrary to the provisions of the preceding section, or transports or causes to be transported out of this state, or puts on board of a vessel or carriage of conveyance, with intention to transport the same out of this state, any paper, contrary to said provisions, shall, for each ream, package, or parcel, so offered for sale, sold, or put on board of a vessel or carriage of conveyance, forfeit the sum of four dollars. SECT. 164. All such paper not packed, or not stamped, as aforesai 1. R. S. 118, §§ 20, shall be forfeited to the use of any person who may seize and libel the 21. Inspector gen eral to give bond; R. S. 28, § 177. to appoint dep uties, who shall same. POT AND PEARL ASHES. SECT. 165. The inspector-general of pot and pearl ashes shall give bond with sufficient sureties to the treasurer of the commonwealth in the penal sum of five thousand dollars. SECT. 166. He shall appoint deputy-inspectors in every seaport where give bonds, &c. pot and pearl ashes are exported, and in such other places as he judg necessary, who shall be sworn either before him or before a justice o R. S. 28, § 178. CTION AND SALE POT AND PEARL ASHES. hom he shall be answerable; and he shall take bond with sufficient sureties for the faithful discharge of ice. &c, ashes, 277 R. S. 28, § 185. y cask in which pot or pearl ashes are packed for Casks for pot, made of sound and well-seasoned oak or white ash quality and size , full bound, twenty-nine inches in length, nineteen of he head, and of such weight in proportion to its conas near as may be to fourteen per cent. tare thereon. y manufacturer of pot and pearl ashes shall brand g the same with the initial letters of his christian le of his surname, and with the name of the town anufactured, before the same are removed from the all forfeit one dollar for each cask so removed before how branded. R. S. 28, § 180. spected person shall ship any pot or pearl ashes for exporta- Ashes, how inbmitted the same to the examination of the inspect- sorts, &c. vho shall if necessary start them out of the casks R. S. 28, § 181. et and sort them into three different sorts; and put n tight new casks, well hooped and coopered, which distinguish by the words first sort, second sort, or words pot ashes, or pearl ashes, as the case may be, gible letters, together with the letters of his name, tion, and the word MASSACHUSETTS at full length on , that pot or pearl ashes which have been imported 1 any of the United States where laws exist for the ime, may be exported without being reinspected in re accompanied by a certificate of inspection signed the state whence they were imported, describing the thereof, and if the casks containing them are branded he state from which they were imported, and are in onformably to law. Casks to be weighed. inspector, at the time of starting pot or pearl ashes I weigh the casks and mark the weight with a mark, R. S. 28, § 186. ead. reasonable delay. inspector of pot and pearl ashes unreasonably refuses, Penalty for unto make an inspection, for the space of three hours R. S. 28, § 184. ■therefor, he shall for each offence forfeit five dollars. inspector-general shall annually in January make a Inspector-gence of the secretary of the commonwealth, of the num- returns. and pearl ashes inspected by him and his deputies R. S. 28, § 179. ceding the first day of said January, specifying the brand and the weight of each quality. eral to make (R.) Repeal and [An inspector shall receive for inspecting, weighing, Fees. the owner an invoice or weight note under his hand 28, § 182. each cask of pot or pearl ashes, six cents for every o inspected; and the further sum of twelve cents for ing each cask and putting the same in shipping order, purchaser.] Inspector's part of deputies fees, R. S. 28, § 183. inspector-general shall not receive from any deputy nd a half per cent. on the sum first mentioned in the nor any part of the sum allowed for cooperage. y inspector may enter on board of vessels lying in the Inspectors may authorized to make inspection, and if upon search he Forfeiture. - of pot or pearl ashes not branded as before directed R. 8. 28, 197. R. S. 118, §§ 20, e same shall be forfeited, and the inspector shall seize 21. search vessels Penalty for ob structing search; SECT. 177. If the master or commanding officer of a vessel, or any R. S. 28, § 189. of his servants or seamen, obstructs or hinders the inspector in making search as aforesaid, the person so offending shall for each offence forfeit fifty dollars. 1839, 135. for branding falsely; SECT. 178. Whoever, with intent to defraud, brands with the name R. S. 28, § 190. of another person a cask of pot or pearl ashes manufactured by himself, or brands such cask manufactured by another person with his own name, or counterfeits a brand belonging to or proper to be used by an inspector, or impresses or brands a cask with a brand of such inspector, or with a counterfeited brand, shall for each offence forfeit two hundred dollars. SECT. 179. Whoever empties a cask inspected and branded as is R. S. 28, 191. required by this chapter, and puts in other pot or pearl ashes for sale or exportation, without first cutting out the brand marks, shall for each cask forfeit two hundred dollars. for shifting contents of casks. Potatoes, onions, measurement. Penalties. R. S. 28, § 199. 1847, 14. POTATOES, ONIONS, AND SALT. SECT. 180. In purchases and sales of potatoes, onions, or salt, the and salt; weight; standard weight of the bushel of potatoes shall be sixty pounds, of onions fifty-two pounds, and of salt seventy pounds. In order to ascertain the mean or true weight, the vendor shall weigh ten measures at least in 1856, 271, § 19. every hundred bushels, five measures at least in every fifty bushels, and two measures at least in every less quantity than fifty bushels sold. And every person who sells potatoes, onions, or salt, without ascertaining the weight as aforesaid, shall for every bushel so sold, and in like proportion for a greater or less quantity, forfeit the sum of two dollars to be recov ered in an action of tort to the sole use of any person who first prosecutes therefor: provided, that this section shall not extend to sales of such articles when the vendor and purchaser appoint a third person to measure or ascertain the weight or quantity of the same or mutually agree thereon, nor to such sales not exceeding ten bushels, where the purchaser does not require the same to be weighed. Cord wood, dimensions of. R. S. 28, § 200. 2 Allen, 317. Penalty for selling wood, &c., not measured. R. S. 28, § 201. 1839, 135. 7 Cush. 371. Fces. Wood, brought by water, how measured. regulations, &c. R. S. 28, § 203. [TIMOTHY SEED, 1862, 134.] WOOD, BARK, AND COAL. SECT. 181. Cord wood exposed for sale shall be either four, three, or two feet long, including half the kerf; and the wood, being well and close laid together, shall measure in quantity equal to a cord of eight feet in length, four in width, and four in height. SECT. 182. If any fire wood or bark exposed to sale in a market, or upon a cart or other vehicle, is offered for sale before the same has been measured by a public measurer of wood and bark and a ticket thereof signed by him delivered to the driver, certifying the quantity which the load contains, the name of the driver, and the place in which he resides, the driver and owner shall for each load thereof severally forfeit the sum of five dollars. SECT. 183. The measurers of wood and bark in any place shall be entitled to such fees for their services as the mayor and aldermen or selectmen shall establish; and the fees shall in each case be paid to the measurer by the driver, and shall be repaid by the purchaser. SECT. 184. Cord wood brought by water into a place for sale and landed, shall be measured by a public measurer; and for that purpose Towns may make the wood shall be corded and piled by itself in ranges, making up in height what shall be wanting in length, and being so measured, a ticket shall be given to the purchaser, who shall pay the stated fees for such service. But cities and towns may establish ordinances and regulations with suitable penalties, for the inspection, survey, admeasurement, and sale, of wood, coal, and bark for fuel, brought into such places for sale. and may also provide for the appointment of such surveyors, inspectors and other officers, and establish their fees of office. tickets. SECT. 185. Each wharfinger, carter, or driver, who conveys any fire- Carters to have wood or bark from a wharf or landing place, shall be furnished by the RS. 28. § 204. owner or seller with a ticket certifying the quantity which the load con- 1839, 135. tains and the name of the driver; and if firewood or bark is thus conveyed without such ticket accompanying the same, or if a driver refuses to produce and show such ticket on demand to any sworn measurer, or to give his consent to have the same measured, or if such ticket certifies a greater quantity of wood or bark than the load contains, in the opinion of the measurer after measuring the same, the driver and owner shall for each load thereof forfeit the sum of five dollars. But nothing contained in this chapter shall be construed to extend to a person who transports, carts, or causes to be transported or carted, from a wharf or landing place to his own dwelling house or store, cord wood or bark which he has purchased on a wharf or landing place, or has landed thereon upon his own account. late inspection SECT. 186. The city council of a city may establish ordinances and Cities may reguregulations, with suitable penalties, for the inspection, survey, admeasure- and sale of bark. ment, and sale of bark for fuel or manufacturing purposes brought into 1854, 361. said city for sale, whether the same is exposed for sale in ranges or upon a cart or other vehicle; and said city may provide for the appointment of such surveyors, inspectors, and other officers, as may be necessary to carry into effect said ordinances, and may establish their fees: provided, that no penalty for any one violation shall exceed the sum of five dollars. Certain coals to be sold by 1855, 188, § 1. 1870, 205. Weighers who SECT. 187. (R.) [Anthracite, bituminous, or mineral coal when sold in quantities of five hundred pounds or more, except by the cargo, shall be sold by weight, and two thousand pounds avoirdupois shall be the standard for the ton by which the same shall be weighed and sold.] substitute. SECT. 188. (R.) [The mayor and aldermen or selectmen of every place where such coal is sold shall appoint one or more persons not engaged in the business of selling coal to be weighers of such coal, who and sworn. shall be sworn, and be removable at the pleasure of the board appoint- (R.) Repeal and ing them, and shall receive such fees as may be ordered by the board, substit which shall be paid by the seller.] are not seliers to be appointed 1855, 188, §§ 3,5. cure certificate SECT. 189. (R.) [On or before the delivery of such coal the seller Seller to proshall cause the same to be weighed by a sworn weigher of the place in of weight. which the same is sold or delivered, and a certificate of the weight 1855, 188. § 2. thereof signed by the weigher shall be delivered to the buyer or his substitute. agent at the time of the delivery of the coal.] SECT. 190. (R.) [Whoever violates any provision of the three preceling sections, shall for each offence forfeit thirty dollars.] (R.) Repeal and 1870, 205. 1855, 188, § 4. Forfeiture, &c. 2 Allen, 320. 205. sions of char SECT. 191. In the sale of charcoal, the baskets, tubs, or vessels used Substitute, 1870, in measuring the same, except as hereinafter provided, shall be of a cylin- Form and dimendrical form and of the following dimensions in the inside thereof, to wit: coal measures. nineteen inches in diameter in every part and eighteen inches and one- 1853, 305, § 1. tenth of an inch in depth, measured from the highest part of the bottom. thereof; each of which shall be deemed to be of the capacity of two bushels, and shall be filled level full; and every such vessel shall be sealed by a sealer of the place in which the person using the same shall usually reside or do business. charcoal boxes, SECT. 192. Charcoal may be measured in boxes, bins, or cans, of the Dimensions of following capacities, to wit: of five, ten, twenty, thirty, forty, or fifty bins, or cans. bushels, such boxes, bins, or cans, being first lawfully sealed as afore- 1853, 305, § 2. said; and five thousand one hundred and thirty-two cubic inches shall be deemed equal to two bushels, or the level basket, tub, or vessel, described in the preceding section. SECT. 193. Every vendor of charcoal, who has in his possession any Penalty for havbasket, tub, box, bin, vessel or measure of less dimensions than those re- ing, &c., illegal quired by the two preceding sections, or not sealed as therein provided, 1839, 135, measures. 1853, 305, § 3. 1859, 250, §§ 1, 2. with intent to use the same or permit the same to be used for measuring charcoal, sold or agreed to be sold, shall forfeit ten dollars for every such measure in his possession. And every person who measures, in any such basket, vessel, or measure, any charcoal sold or offered for sale, unless by special agreement of the buyer and seller, shall forfeit a sum not exceeding one dollar for every two bushels so measured or pretended to be measured, and such basket, vessel, or measure shall be destroyed. SECT. 194. The mayor and aldermen or selectmen of every place shall appoint one or more suitable persons to seize all baskets, vessels, or measures used or intended to be used for measuring charcoal, and not out warrant, &c. conforming to the foregoing provisions; and to arrest without warrant any person having in his possession such baskets, vessels, or measures, and take him and them before the proper tribunal for prosecution; and upon his being convicted or found guilty, such tribunal shall order said baskets, vessels, and measures to be destroyed. Persons to be appointed to seize illegal measures, &c., and arrest with 1859, 250, §§ 1, 2. SECTION CHAPTER 50. OF SALES BY AUCTIONEERS, AND HAWKERS AND PEDLERS. AUCTIONEERS. SECTION 19. Residents paying taxes, &c., may be licensed without fee. 20. State licenses. County licenses. 21. Records of licenses. 22. Sums paid for licenses, how appropriated. 23. Licenses may be transferred. 24. Persons licensed, to post name, &c., on par cels or vehicles, and exhibit license on de mand, &c. 25. Licenses not to protect party, &c. Shall be void, if, &c. 26. Penalty for counterfeiting, &c., licenses, and selling without license. 27. For unauthorized sales. 28. Hawkers, &c., licensed as auctioneers, not to sell, &c. Auctioneers to If selectmen refuse, county commissioners may license. R. S. 29, § 3. AUCTIONEERS. SECTION 1. The mayor and aldermen and selectmen of any city or town, by writing under their hands, may license one or more suitable inhabitants of their respective cities and towns, to be auctioneers within the same for the term of one year, and may receive to the use of the city or town for each license the sum of two dollars. They shall record every license in a book to be kept by them for that purpose. SECT. 2. If on application made to them in writing they unreasonably refuse or neglect to license the applicant, he may, after giving them fourteen days' notice and bonds to pay all costs, apply to the county commissioners, who, upon hearing the parties, may grant a license. SECT. 3. Each auctioneer shall, if required, give bonds, in a reason |