Ml CJornpll ICaui ^rlynol library Cornell University Library KFM2961.A3 1869 Abstract of criminal laws o Massachuset 3 1924 024 685 723 sg^.SvX.L^ Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924024685723 AB8TEACT CEIMINAL LAWS MASSACHUSETTS. /">^. 1869. BY THE CONSTABLE OF THE COMMONWEALTH, rOK USE OF STATE POLICE. BOSTON: WEIGHT & POTTER, STATE PRINTERS, No. 79 MILJE STREET, (CoBNSB OF Federal Street), 1869. #ffia of €attdul3k of % C^ommoitixr^attl^. No. 50 Beomtield St., Bostoit, Mass.,) July 1, 1869.. i The follovdng Abstract of the Criminal Statutes of this Common- wealth is prepared and arranged for the convenience of the "Officers of this Department, and they are advised to carefully study and under- stand each section of the laws under which they are performing official service, in the discovery and prosecution of crime. A fall set of blank Complaints, Warrants, Notices, &c., for the seizure, keeping and destroying intoxicatLug liquors, are now ready for delivery to Deputies, where they can be effectually used. They are the forms prescribed Lu the four*hundred and fifteenth chapter of the Statutes of eighteen hundred and sixty-nine of this Commonwealth, and to make them complete it is only necessary they should be properly filled out, signed and sealed by the PoUce Magistrate, Trial Justice or Justice of the Peace who may issue them. The Circular accompanying said blanks explains the purpose and mode of using, as required by law. Blank forms for the seizure, detention and destruction of gaming instruments are also ready for use, and the laws in reference to this class of offences are very plain and practicable, not only in reference to seizing and destroying gaming implements, furniture and fixtures, but also as to the ai-rest of keepers and persons engaged ia gambling, or present at such games, when such seizures are made. The forms for prosecuting other classes of cases are usually in pos- session of all Police Magistrates, from whom they can be obtained, and are too common and familiar to require any suggestion from this office. EDWAED J. JONES, Constable of the Commonwealth. OONTEITTS. CFuU Index in last pages of Abstract] Page. Adulterated Commercial Fertilizers, 135 Billiard Tables and Bowling Alleys, 88 Common Nuisances, '. . 32 Cruelty to Animals, 104 Employment of ChDdren, 98 Exhibiting Fighting Birds and Animals 89 Felonies, Accessories, Abettors, etc 78 Fisheries, 119 Forgery, and Offences against the Currency, 59 Gaming, 10 Hawkers and Peddlers 114 Insurance Broilers, 135 Lotteries, 94 Manufacture, Sale, etc., of Intoxicating Liquors, 14 Observance of the Lord's Day 7 Offences against the Person 36 Offences against Property, 41 Offences against Public Justice, 65 Offences against the Public Peace, 70 Offences against the Public Health 73 Offences against Chastity, Morality and Decency 80 Petroleum and its products, 136 Prisoners, 34 Protection of Animals, 106 Protection of Birds, 112 Protection of Eeligious Meetings 118 Sentence of Criminals, 91 Search "Warrants, 92 State Police, 102 Vagrants and Vagabonds, 97 OBSERVANCE OF THE LORD'S DAY. [Chapter 84, General Statutes.] OF THE OBSEEVANCK OP THE LOEd's DAT. Sect. 1. Whoever keeps open his shop, warehouse or work- prohibitioii of house, or does any manner of labor, business or work, except i^''"' *"• works of necessity and charity, or is present at any dancing or see^chapfS2f' public diversion, show, or entertainment, or takes part in (or is ^^^ "143^ Acta present at) any sport, game or play, on the Lord's day, shall be of ife. ' punished by a fine not exceeding ten (fifty) dollars for every ofience. Sect. 2. Whoever travels on the Lord's day, except from of travelling, necessity or charity, shall be punished by fine not exceeding ten dollars for every offence. Sect. 3. Whoever keeping a house, shop, cellar, or place of Persons keep- public entertainment, or refreshment, entertains therein on the enfe^taiMnent Lord's day any persons not being travellers, strangers or lodgers, &o., not to en-' or suffers such persons on said day to abide or remain therein, or otiSr th^ in the yards, orchards or fields, appertaining to the same, drink- traveuers, &o. ing, or spending their time idly or at play, or in doing any secu- f^e^chapi'yb lar business, shall be punished by fine not exceeding five dollars Acts of ism,' for each person so entertained or suffered so to abide and remain ; *>'i°™°s- and upon any conviction after the first, by fine not exceeding ten dollars ; and if convicted three times, he shall thereafter be inca- pable of holding a license ; and every person so abiding or drink- ing shall be punished by fine not exceeding five dollars. Sect. 4. Whoever is present at a game, sport, play or public Prohibitions as diversion, except a concert of sacred music, upon the evening of Sunday even-"'' the Lord's day, or ujDon the evening next preceding the Lord's ings. &o. day, unless such game, sport, play, or public diversion, is Ucensed by the persons or board authorized by law to grant licenses in such cases, shall be punished by fine not exceeding five dollars for each offence. Sect. 5. No person licensed to keep a place of public enter- innhoiders not tainment shall entertain or suffer to remain or be in his house, personron" yard, or other places appurtenant, any persons, not being trav- Saturday or ellers, strangers or lodgers, in such house, drinking and spending ings, except^ their time there, on the Lord's day, or the evening preceding the *^'=- same ; and every such innholder or other person so offending shall be punished by fine not exceeding five dollars for each offence. Writs, &c., not to be served on the Lord's day: Penalty for rude behavior in churches. Sheriffs, &c., to Inform of offences. Provision for persons who observe Satur- day as the Sab- bath. Prosecutions when to be in- stituted. Penalty on inn- holders, &c., who permit im- plements of gaming to be used on Lord's day, &c. " Lord's day," IV hat it includes. Abstract of Criminal Laws. ' Sect. 6. No person shall serve or execute any civil process on the Lord's day ; but such service shall be void, and the per- son serving or executing such process shall be liable in damages to the party aggrieved ia like manner as if he had no such process. Sect. 7. Whoever on the Lord's day, -within the walls of any house of public worship, behaves rudely or indecently, shall be punished by fine not exceeding ten dollars. Sect. 8. All sheriffs, grand jurors, and constables, shall inquire into and infoi-m of all offences against the preceding provisions of this chapter, and cause the same to be carried into effect. Sect. 9. Whoever conscientiously believes that the seventh day of the week ought to be observed as the Sabbath, and ac- tually refrains from secular business, travel, and labor, on that day, shall not be Hable to the penalties of this chapter for per- forming secular business, travel, or labor, on the Lord's day, or first day of the week: 'provided., that he disturbs no other person. Sect. 10. Prosecutions for penalties incun-ed under the pre- ceding provisions of this chapter shall be instituted within six months after the offence is committed. Sect. 11. Any innholder, common victualler, or person, keeping or suffering to be kept in any place occupied by him, implements such as are used in gaming, in order that the same may for hire, gain or reward, be used for purposes of amusement, who on the Lord's day uses or suffers to be used any implements of that kind upon any part of his premises, shall for the first offence forfeit a sum not exceeding one hundred dollars, or be imprisoned in the house of correction not exceeding three months ; and for every subsequent offence shall be imprisoned in the house of correction for a term not exceeding one year ; and in either case shall further recognize, with sufficient sureties, in a reasonable sum for his good behavior, and especially that he will not be guilty of any offence against the provisions of this section, for the space of three months then next ensuing. Sect. 12. The Lord's day shall include the time from mid- night to midnight. when bailed on Lord's day. 1855, 265, 1 2. [Chapter 170, General Statutes.] Sect. 38. Persons committed to jail on the Lord's day, or on the evening or afternoon preceding, may be admitted to bail on that day, when in the opinion of the magistrate an applica- tion for that purpose appears to be proper. Observance of the Lord's Day. 9 [Chapter 162, Acts of 1862.] An Act to amend the Statute relating to the Observance of the Lord's Day. The provisions of the first section of the eighty-fourth chapter Section 1st, of the General Statutes shall apply to any person who is present ^^ael. ' ' at any game on the Lord's day. Approved April 26, 1862. [Chapter 143, Acts of 1863.] An Act concerning certain Offences committed on the Lord's Day. Sect. 1. Section one, chapter eighty-four, of the General Penalty. Statutes, is hereby so far amended that the offences named therein shall be punished each by a fine not exceeding fifty dollars. Sect. 2. This act shall take eifect upon its passage. Approved April 10, 1863. [Chapter 79, Acts of 1864.] An Act concerning the Observance of the Lord's Day. Sect. 1. Whoever keeping a house, shop, cellar or place of PubUc enter- public entertainment or refreshment, entertains therein on the bid™i°except Lord's day any persons not being travellers, strangers or lodgers, certain. or suffers such persons on said day to abide or remain therein, or in the yards, orchards or fields appertaining to the same, drink- ing, or spending their time idly or at play, or in doing any secu- lar business, shall be punished by fine not exceeding fifty dollars for each person so entertained or suffered so to abide or remain ; and upon any conviction after the first, by fine not exceeding penalty. one hundred dollars; and if convicted three times, he shall thereafter be incapable of holding a license. Sect. 2. The third section of chapter eighty-four of the Eepeaiing sec- General Statutes is hereby repealed : but this repeal shall not ^°° '' <='>*?*«■' affect any proceeding under said section commenced before this act takes effect. Sect. 3. This act shall take effect upon its passage. Approved March 5, 1864. [Chapter 253, Acts of 1865.] An Act for the better Observance of the Lord's Day. Sect. 1. Any person who shall discharge any firearms for Penalty for use sport, or in the pursuit of game, on the Lord's day, shall, upon 2 of firearms. 10 Abstract of Criminal Laws. conviction thereof, be punished by a fine not exceeding ten dollars. Attempting to Sbct. 2. Wtoever attempts to take or catch any fish on the take 8 . Lord's day, by using any hook, line, net, spear or other instru- ment, on any of the waters within this Commonwealth, shall, upon conviction thereof, be punished by a fine not exceeding ten dollars. Prosecutions. Sect. 3. All prosecutions under this act shall be instituted within thirty days from the time the ofience is committed. » Apjyroved May 16, 1865. aAMIJSTG. [Chapter 85, General Statutes.] OF GAMING. Persons losing Sect. 1. Whoever by playing at cards, dice, or other game, Sgmay ree™" or by betting on the sides or hands of such as are gaming, er It back. loses to any person so playing or betting any sum of money, or any goods whatever, and pays or delivers the same or any part thereof to the winner, may sue for and recover such money and goods in an action of contract; and if the loser does not within three months after such loss, without covin or collusion, prosecute with efiect for such money or goods, any other person may sue for and recover treble the value thereof in an action of tort. Owner of gam- Sect. 2. The owner, tenant, or occupant of any house or for money tost* building in which money or goods are lost by gaming, or by in certain cases, betting On the sides or hands of such as are gaming, with the knowledge or consent of said owner, occupant, or' tenant, shall be liable to an action in the same manner and to the same ex- tent as the winner thereof is liable by the provisions of the pre- ceding section. Penai^forwiu- Sect. 3. Whoever, on a prosecution commenced within more. "' eighteen months after the commission of the ofience, is convicted of winning at one time or sitting, by gaming or betting on the sides or hands of such as are gaming, any money or goods to the value of five dollars or more, and of receiving the same or any security therefor, shall forfeit double the value of the money or goods SO' won and received. Notes, convey- Sbot. 4. All notes, bills, bonds, mortgages, or other securi- gaming yoid. ties or conveyances, in which the whole or part of the consider- ation is money or goods won by gaming or playing at cards, dice, or any other game, or by betting on the sides or hands of persons gaming, or for re-imbursing or repaying money know- ingly lent or advanced for gaming or betting, or lent and ad- vanced at the time and place of such gaming or betting to a Gaming. 1 1 person so gaming or betting, shall be void and of no effect as between the parties to the same, and' as to all persons except such as hold or claim under them in good faith and without notice of the illegality of the consideration. When a mortgage or other conveyance of lands is adjudged void under the pro- visions of this section, the lands shall inure to the sole use and benefit of such person as would be then entitled thereto if the mortgagor or grantor were naturally dead ; and all grants or conveyances for preventing such lands from coming to or de- volving upon the person to whose use and benefit said lands would so inure, shall be deemed fraudulent and of no effect. Sect. 5. Every innholder, common victualler, or person Penalty on inn- keeping or suffering to be kept, in any place occupied by him, keeping, fef"' any implements such as are used in gaming, in order that the implements for same may for hire, gain, or reward, be used for purposes of mJSeyf £a. amusement, who suffer any implements of that kind to be used upon any part of his premises for the purpose of gaming for money or other property, or who suffers a person to play at an unlawful game or sport therein, shall for the first offence forfeit a sum not exceeding one hundred dollars, or be imprisoned in the house of correction for a term not exceeding three months ; and for every subsequent offence shall be imprisoned in the house of correction for a term not exceeding one year; and in either case shall further recognize, with sufficient sureties in a reasonable sum, for Ms good behavior, and especiaUy that he will not be guilty of any offence agaiast the provisions of this chapter for three years then next ensuing. Sect. 6. Whoever in any place mentioned in the preceding penalty for section for the purpose of gaming for money or other property, gaming in sucii uses or takes part in using any biUiard table, bowling alley, or nitoes'ifoensed other implements of gaming, or there plays at an unlawful game ^g''°'^^™s or sport, or for the purpose of such gaming, uses or takes part ' in using a billiard table or bowling alley kept by a person licensed as provided in chapter eighty-eight, shall forfeit a sum not exceeding fifty dollars for each offence. Sect. 7. Whoever keeps a common ganiing house, or in a punishment for building, booth, yard, or garden, by him actually used and occu- ^^o^^fj^™" pied, commonly keeps, or suffers to be kept, any tables or other house, apparatus for the purpose of playing at any unlawful game or sport for money or any other valuable thing, shall for every such offence forfeit a sum not exceeding one hundred dollars, and be committed to the house of correction for a term not exceeding six months and not less than thirty days ; and shall also recog- nize with sufiicient sureties in a reasonable sum for his good be- havior, and especially that he will not be guilty of any offence against the provisions of this chapter for three years next ensu- ing. Sect. 8. If a person makes oath before a justice of the common gam- peace or police court that he suspects, or has probable cause to ^fereT^^d"''^ suspect, that a house or other building is unlawfully used as and parties arrest- ed. 12 Abstract of Criminal Laws. ^"ENDED^See for a common gaming house for the purpose of gaming for money or other property, 'and that idle and dissolute persons resort to the same for that purpose, such justice or court, whether the names of the persons last mentioned are known to the complainant or not, shall issue a warrant commanding the sheriff, or his deputy, or any constable, to enter into such house or building, and there to arrest all persons who are there found playing for money or otherwise, and also the keepers of the same, and to take into their custody all the implements of gam- ing as aforesaid, and to keep said persons and implements so that they may be forthcoming before some court or magistrate to be dealt with according to law ; and whoever is there found so playing, shall forfeit for every such offence a sum not exceed- ing fifty dollars. [Note — The complainant must allege in the complaint that "he believes and b&s probable cause to believe" — instead of using the word "suspect," — as in above section.] Sect. 9. Whoever during, or within twelve hours of the time of holding a cattle-show, military muster, or public gather- ing, within one mile of the place thereof, practises or engages in any gambling or unlawful game, shall forfeit for each offence a sum not exceeding twenty dollars. If he is discovered in the act, he may be arrested by any sheriff, deputy-sheriff constable, or other civil officer, and lawfully detained, by imprisonment in jail or otherwise, not exceeding twenty-four hours, until a com- plaint is made against him for the offence. Gaming at muster, &c. Buildings re- sorted to for prostitution, &c., nuisances. 1855, 405, § 1. 7 Gray, 328. 13 Gray, 26. — ^penalty for keeping. 1856, 405, § 2. Such use of premises by tenant to avoid lease, &c. 1855, 405, § 3. Penalty on landlord for let- ting, &c., build- ing for such purposes. 1855, 405, § i. [Chapter 87, General Statutes.] Sect. 6. All buildings, places or tenements resorted to for prostitution, lewdness or illegal gaming, or used for the illegal keeping or sale of intoxicating liquors, shall be deemed common nuisances. Sect. f. Whoever keeps or maintains such common nui- sance shall be punished by fine not exceeding one thousand dollars, or imprisonment in the county jail not exceeding one year. Sect. 8. If a tenant or occupant, under a lawful title of any building or tenement, uses such premises, or any part thereof, for any of the purposes enumerated in section six, such use shall annul and make void the lease or other title under which he holds, and, without any act of the owner, shall cause the right of possession to revert and vest in such owner, and the owner may, without process of law, make immediate entry upon the premises, or he may avail himself of the remedy provided in chapter one hundred and thirty-seven. Sect. 9. Whoever knowingly lets a building or tenement owned by him, or under his control, for any purpose enumerated in section six, or knowingly permits such building or tenement, Gaming. 13 or any part thereof, while under his control, to be used for such purpose, or after due notice of any such use omits to take all reasonable measures to eject therefrom the persons occupying the same as soon as it can lawfully be done, shall be deemed guilty of aiding in the maintenance of such nuisance, and pun- ished by fine of not less than one hundred nor more than one thousand dollars, or imprisonment in the jail not less than thirty days, nor more than six months. Sect. 10. The mayor and aldermen or selectmen of any Booths, &c., place, upon complaint made to them under oath, that the com- ^t j^"'' fi™, plainant has reason to believe, and does believe, that any booth,' piMi» siows, shed or other temporary erection, situated within one mile of moved, any muster-field, cattle-show ground or other place of public J||5' f^- gathering, is used and occupied for the sale of spirituous or fermented liquors, or for the purpose of gaming, may, if they consider the complaint well founded, order the owner or occu- pant thereof to vacate and close the same forthwith. If the owner or occupant refuses or neglects so to do, the mayor and aldermen or selectmen may forthwith abate such booth, shed or erection as a nuisance, and pull down or otherwise destroy the same, in any manner they choose, or through the agency of any force, civil or military. [Chapter 161, General Statutes.] Sect. 57. "Whoever by the game of three-card monte, so obtaining prop- called, or any other game, device, sleight of hand, pretensions cS'^&c! "'' to fortune telling, trick, or other means whatever, by the use of isss, iss, § i. cards, or other implements or instruments, fraudulently obtains ch!rjo,Vli!^*' from another person property of any description, shall be pun- ished as in case of larceny of property of like value. [Chap. 364, Acts of 1869.] As Act for the Suppression of Common Gaming Houses. Sect. 1. The provisions of the eighth section of the eighty- persons in fifth chapter of the General Statutes shall apply to all persons whMi'lamM^ who are found present at any game or sport played for money are played for or other thing of value at a common gaming house, and such to°arre'st'°&c! persons may be arrested and punished in like manner as persons there found playing. Sect. 2. The second section of the one hundred and Amendmentsto seventieth chapter of the General Statutes is hereby so far p^^isions '^' amended that all provisions relating to the search for and extended, seizure of gaming apparatus or implements used, or kept and provided to be used, in unlawful gaming, in any gaming house, or in any building, apartment or place resorted to for the purpose of unlawful gaming, shall also apply to the search for and 14 Abstract of Criminal Laws. Furniture, &o., seized, may be sold under a decree of the court, and pro- Beizure of all the furniture, fixtures and personal property found in such gaming house, building, apartment or place at the time when any persons are there found playing at any unlawful game. Sect. 3. After the seizure of any furniture, fixtures or personal property, as provided in the preceding section, appli- ^^v ^^^ w- cation shall be made to a court of competent jurisdiction for ceeds' paid over a decree of Condemnation of the same, and if, upon the hear- ISe county?^ ing of Said application, it shall be found and adjudged that the same, or any part thereof, was used as the furniture, fixtures or personal property of such gaming-house, building, apartment or place, and was found therein at a time when any persons were there found playing at any unlawful game, the same shall be adjudged forfeit, and the constable of the Commonwealth, or sheriff or their deputies, shall sell the same in such manner as the court shall order, and, after deducting all costs and expenses allowed by the court, shall pay the balance of the proceeds of sach sale to the use of the county. Approved June 9, 1869. Games for money not to be played in public convey- ances. Penalty. Parties offend- ing may be ar- rested without warrant. [Chap. 382, Acts of 1869.] Am- Act to prevent Gaming in Public Conveyances. Whoever in any railroad car, steamboat or other public con- veyance, plays at cards, dice or other game for money or other property, or bets on the sides or hands of such as are so playing, shall for each offence forfeit a sum not exceeding fifty dollars, or be imprisoned in the house of correction for a term not exceeding three months. If he is discovered in the act, he may be arrested by any sheriff, deputy-sheriff, constable, or other civil officer, and lawfully detained, by imprisonment in jail or otherwise, not exceeding twenty-four hours, until a complaint is made against him for the offence. Approved June 12, 1869. Note. — For Gaming Search Warrants, see chapter 170, General Statutes, section 2, under " Search Warrants." MANUFACTURE AND SALE OF INTOXICATING LIQUORS. [Chapter 191, Acts of 1869.] An Act concerning Licenses for the Sale of Intoxicating Liquors. License to sell Sbct. 1. No license authorizing the sale of intoxicating liquors to have liquors within this Commonwealth shall be issued by any person, Apriuo ^9. °^ '^^^^ force or validity, after the thirtieth day of April, in the year eighteen hundred and sixty-nine, anything in any existing law to the contrary notwithstanding. Sect. 2. This act shall take effect upon its passage. [_Ap- proved April 24, 1869. Intoxicating Liquors. 15 [Chapter 415, Acts of 1869.] An Act concerning the Manufactiu-e and Sale of Intoxicating Liquors. COMSCISSIONEE. Sect. 1. The governor, with the advice and consent of the commissioner, council, shall, as soon after the passage of this act as may be, &o. ' ' and thereafter annually in the month of January, appoint and ■"*" si™ bond, commission a competent person as commissioner to purchase and sell spirituous and intoxicating Uquors, of a pure quality, to the several city and town agents appointed under the provisions of this act, and to regularly appelated agents in cities and towns of other of the New England states, and to no other person. Such commissioner shall, unless sooner removed, hold his office for one year, and until his successor is appointed and qualified. Sect. 2. The commissioner, within ten days after being —to keep place commissioned, shall file in the office of the treasurer of the Com- Bo8to™seU to monwealth a bond to the Commonwealth in the penal sum of agents, &c. twenty thousand dollars, with tjvo or more good and sufficient sureties to be approved by the treasurer, for the faithful per- formance by him of the requisitions of this act. Sect. 3. He shall establish and maintain in the city of Boston Liquors to be a suitable place of business, and shall purchase and sell to such ^^^ ^^^ ' agents, and to them only for the purposes in this act specified, spirituous and intoxicating liquors of a pure quality, and unadul- terated with any mixture, or noxious or poisonous substance. All liquors kept for sale by him shall be analyzed by an assayer, appointed as hereinafter provided ; and he shall sell no spirituous or intoxicating liquors, except such as said assayer in writing certifies. to be pure; and all analyzations of liquor shall be made from samples taken by the assayer from original packages pur- chased by the agent ; and all liquors sold by said agent shall be certified by him to have been taken from packages so analyzed. His sales shall be made for cash, and at a price not exceeding an advance of five per cent, upon the actual cost: provided, that all Proviso, sales made by the commissioner in less quantity than the origi- nal package, shaU be made at a price not exceeding an advance of seven and one-half per cent, upon the actual cost. Sect. 4. He shall keep a record, in which shall be plainly — tokeeprecorii and truly recorded all purchases and sales made by him, the saies,^&c?, and^' names of the persons of, and to whom, and the prices at which, seal ail pack- the same were made ; which record shall be at all times open *^ to the inspection of the mayor and aldermen and selectmen of the cities and towns, and to the prosecuting officers of the Com- monwealth. All packages of liquors sold by him shall have his seal affixed thereto before delivery, and all liquors so purchased or sold and sealed may be transported from place to place. Sect. 5. If he adulterates or causes to be adulterated said ^?°,f '''£"' liquors, or sells to persons other than those to whom he is author- semng™o pfr-' ized by section first of this act, or at an advance greater than sons not agents. allowed by this act upon the cost as aforesaid, he shall forfeit to the Commonwealth the amount of his bond and be imprisoned '"'*"' 16 Abstract of Criminal Laws. Penalty for selliD^ adulter- ated liquors. — not to con- tract debt on faith of the state. Salary. Additional com. pensation. — to import for- eign liquors af- ter six months. — to pay profits from sales into state treasury. — ^to report annually. — to appoint agents in Bos- ton. — successor of, purchase his stock. Value of stock, how deter- mined. in the state prison not less than six months nor more than five years. And if any person employed by him violates any of the provisions of this section, such person shall be Uable to the same term of imprisonment. Sect. 6. If he, or any person in his employ or on his prem- ises, sells any adulterated spirituous or intoxicating liquor, they shall be liable to the penalties provided in section tMrty-three for being a common seller. Sect. 7. He shall not contract any debt or obligation, nor incur any liability, on the faith or Ln behalf of the Common- wealth. He shall receive no commission on his sales, but instead thereof shall receive an annual salaiy of four thousand dollars, payable quarterly, on the first days of January, April, July and October. He shall also be entitled to receive, on the first day of Janu- ary of every year, a sum equal to seven per cent, upon the amount of capital actually required and furnished by him to establish and maintain the said agency. Said capital shall at no time exceed the sum of forty thousand dollars. After the expiration of six months from the passage of this act, all liquor of foreign production kept or sold by said com- missioner, shall be imported by him or under his direction. All profits accruing from the sale of liquors by said commis- sioner shall, after deducting such necessary office and incidental expenses as shall be approved by the governor and council, be paid into the treasury of the Oommon'wealth, semi-annually, on the first days of January and July. , Sect. 8. He shall annually, on or before the fifteenth day of October, report to the secretary of the Commonwealth the amount of his sales to city and town agents, in detail ; the cost thereof; expenses and profits thereon; designating also the cities and towns to which he has made no sales. The report shall be made uj) to the last day of the preceding month, shall be printed by the secretary, included with the public series of documents, and laid before the legislature. Sect. 9. He shall appoint in the city of Boston as many agents, not exceeding five, as he thinks the interests of the citi- zens require, who shall have the same powers and be subject to the same obligations as agents appointed by the mayor and aldeiTuen of cities, and who shall sell only pure hquors at the lowest cash prices. Their authority shall not continue after the commissioner by whom they are appointed ceases to hold his office. Sect. 10. In case of the death, removal, or the expiration of the term of office, of the commissioner, his successor shall pur- chase his stock of spirituous or intoxicating liquors, analyzed and certified as aforesaid, to an amount not exceeding twenty- five per cent, of his last year's sales. Sect. 11. If the parties cannot agree upon the value of the liquors, it shaU be determined by three persons, one appointed by the person purchasing, one by the person owning the liquors, Intoxicating Liquors. 17 and tlie third by the two so appointed ; and their award shall be binding on the parties. AUTHOEITT TO MANUFACTURE AND SeLL FOE ExPOETATlON, &C. Sect. 12. The county commissioners of the several counties, Manufacturers and the mayor and aldermen of the city of Boston, on the first authorized. ""^ Monday of July annually, or as soon thereafter as practicable, may authorize such persons as apply to them in writing, to manufacture spirituous or intoxicating liquors at places within their respective jurisdictions, and to sell the same in quantities not less than thirty gallons, to be exported or to be used in the arts or for mechanical and chemical purposes in this Common- wealth, and such authority shall continue for the term of one year from the date thereof, unless sooner revoked for cause, or annulled as hereinafter provided. Sect. 13. Every such person shall receive from the board by l^^^^^l"^^' which he is so authorized, a certificate giving him authority to bond, manufacture and sell spirituous and intoxicating liquors as afqresaid, at such place within the jurisdiction of the board as shall be designated with precision in the certificate ; but it shall not be delivered to such person until he has executed and given to said board a bond with two good and sufiScient sureties in the sum of six thousand dollars, in substance as follows : — Know all men that we, as principal, and and , as sureties, are holden and stand firmly bound to the inhabitants of the county of , (fif city of Boston, as the case may be,) in the sum of six thou- sand dollars, to be paid unto them, their successors or assigns, to which payment we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , A. D. . The condition of this obli- gation is such, that whereas the above bounden has been duly author- ized to manufacture spirituous and intoxicating liquors at , in the town (or city) of , and county of , and to sell the same in quan- tities not less than thirty gallons, to be exported, or to be used in the arts, or for mechanical and chemical purposes, or in any quantity to duly authorized agents of cities and towns, as by law provided, until the day of , A. D. , unless such authority is sooner revoked or an- nulled : Now, if said shall, in all respects, conform to the provis- ions of law relating to the business which he is authorized as above to pursue, and shall violate no law of the Commonwealth touching the manu- facture and sale of spirituous or intoxicating liquors, during the term for which he is authorized to manufacture such liquors as above mentioned, then this obligation to be void — otherwise to remain in full force. Sect. 14. If the principal in the bond commits a breach of Manufacturer, any condition thereof, his certificate shall thereupon become heYoii^^i'^ void, and he shall not thereafter be authorized to manufacture bond to be put or sell spirituous or intoxicating liquors. If upon complaint ' ' ' made to the county commissioners, or the mayor and aldermen of Boston, and notice to the principal, and a hearing of the parties thereon, any breach of the bond appears to have been 18 Abstract of Criminal Laws. committed, they shall at the expense of the county or city cause the bond to be put in suit, and shall make a record that his authority is revoked and void; or they may put the bond in suit without such complaint, notice, and hearing, —to keep books Sbct. 15. Every such manufacturer shall keep a book, which fa^nJinwhfoiT shall at all times be open to the inspection of the board author- sales shaU be jzing him to manufacture, in which he shall enter the date of every sale of spirituous liquors made by him, the name of the purchaser, his residence, and the quantity and kind of liquor sold, and if exported, the place to which exported and the name of the consignee, substantially in the following form : — recorded. Name of Purcbaser. Residence of Purchaser. Quantity and Kind of Liquor. Where Exported. Kame of Consignee. Purpose of Use. Eecordtobe Sect. 16. The clerks of the commissioners and the city sha&be'opento "lerk of Boston shall keep a record of the names, residences, i)ubiic inspeo- and certificates, in full, of all persons authorized by said boards *""*■ respectively to manufacture and sell as provided in section twelve, and the names and residences of all agents furnished them by city and town clerks ; which record shall be open to public inspection at all reasonable times ; and they shall furnish a list of said names and residences to all persons authorized by their boards to manufacture and sell spirituous or intoxicating liquors, and to all agents whose names have been furnished them as aforesaid. Agents for sell- ing to be ap- pointed aunu- aUy. Penalty on town for not appointing. Salary. Certificates and bonds. City and Town Agents. Sect. 17. The selectmen of every town containing less than five thousand inhabitants, may, and the mayor and aldermen of every city, and the selectmen of every town containing more than five thousand inhabitants, shall, on the first Monday of July annually, or as soon thereafter as convenient, appoint for one year, unless sooner removed by the board appointing them, one or more suitable persons as agents of such place to purchase and sell, at some convenient places therein, spirituous or intox- icating liquors to be used in the arts, or for medicinal, chemical and mechanical purposes, and no other ; and if in any year they neglect for three months after said date to appoint at least one such agent, they shall forfeit one hundred dollars, to be recovered to his own use in an action of tort by any person who may sue for the same. Each agent shall receive such fixed salary, not dependent in amount upon thie sales, as the board appointing him shall determine, and in his sales shall conform to such rules and regulations as they may prescribe. Sect. 18. Each agent shall receive from the board appointing him a certificate authorizing him, as the agent of such city or town, to purchase and sell at such places therein as shall be Intoxicating Liquors. 19 designated with precision in liis certificate, intoxicating liquors to be used in the arts, or for medicinal, chemical and mechanical purposes only ; but it shall not be delivered to him until he has executed and given to said board a bond, with two good and sufficient sureties in the sum of six hundred dollars, in substance as follows : — Know all men, that we, , as principal, and and , as sureties, are holden, and stand firmly bound to the in- Form of bond, habitants of the town of , (or city as the case may be,) in the sum of six hundred dollars, to be paid unto them, their successors or assigns, to which payment we bind ourselves, our heirs, executors and administra- tors, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of , A. D. . The condition of this obligation is such, that, whereas the above bounden has been duly appointed an agent for the town (or city) of to purchase intoxicating liquora and to sell the same within, for, and on account of said town, (or city,) to be used in the a.rts, or for medicinal, chemical, and mechanical purposes, and no other, until the day of , A. D. , unless sooner removed from said agency: Now, if the said shall, in all respects, conform to the provisions of law relating to the business for which he is appointed, and to such rules and regula- tions as now are, or shall from time to time be, established by the board making the appointment, then this obligation to be void — otherwise to remain in full force. • The city and town clerks shall keep a record in full of all Eeoord of ap- such appointments, which shall be open to public inspection at p"'"'™™*'- all reasonable times; and they shall, as soon as practicable after the appointments, furnish a list thereof to the county commis- sioners. Sect. 19. Upon complaint made to the mayor and aldermen, Bond may be or selectmen, they shall notify the principal, and if upon a hear- authority re-""* ing of the parties it appears that a breach of the conditions of voked. the bond has been committed, they shall revoke and make void his authority ; and at the expense and for the use of their city or town, shall cause the bond to be put in suit ; or they may put such bond in suit without such complaint, notice, or hearing. Sect. 20. Each agent shall keep an account of all purchases Agent to keep of liquors made by him, and shall specify the kinds and quantity open^to tospec- purchased, the prices paid, the persons of whom purchased and tion, and ac- the dates of the purchases ; and shall also keep a regular account cha°es,°&c^"'^' of all the forfeited spirituous or intoxicating liquors delivered to him for sale by order of any justice or court. He shall keep a book and enter therein the date of every sale made by him, the person to whom sold, the kind, quantity, and price thereof, and the pui-pose for which it was sold, substantially in the following form : — Kind and quantity. Purpose of use. 20 Abstract of Criminal Laws. — ^to purchase only of com- missioner. — town liable for liquors or- dered by agent. Proviso. — may be re- strained by S. J. C. from purchasing con- trary to law. — to make re- turns annually. Penalty for making false statement to agent. which book shall at all times be open to the inspection of the mayor and aldermen, selectmen, overseers of the poor, sheriffs, constables, and justices of the peace, in such city or town. Sect. 21. Each agent shall purchase of the commissioner appointed under section one, all spirituous or intoxicating liquor to be sold by him. If any town or city, or their agent, shall reiuse or neglect, to pay on delivery for the liquors ordered by them of the commissioner, such town or city shall be liable to the commissioner for the fiiU value of the bill of purchase, with interest after thirty days : provided, however, that the mayor and aldermen of any city, or the selectmen of any town, may notify the commissioner, in writing, not to sell to any agent of such city or town, except for cash, and thereupon such city or town shall not be liable for any sales made to such agent, after such notice, unless the same are made on the order, by letter, of the mayor and aldei-men of such city, or the selectmen of such town. Any agent purchasing such liquor of any other person, or selling such liquor purchased by him of any other person, shall be liable to the penalties provided in section thirty-three for being a com- mon seller ; and any town or city agent who adulterates or causes to be adulterated any of said liquors, or sells the same at a greater advance on their cost than fifteen per cent., shall be subject to a fine of not less th£(h one hundred nor more than five hundred dollars, and be imprisoned in the house of correc- tion not less than six months nor more than two years. If any person employed by any town or city agent violates any of the provisions of this section, he shall be liable to the same punish- ment. Sect. 22. The supreme judicial court shall have jurisdiction in equity, on complaint of any party interested, to restrain and enjoin any agent who purchases or sells spirituous or intoxicat- ing liquors in violation of any law of this Commonwealth ; and such injunction may be issued by any justice of the court in term time or vacation. Sect. 23. Each agent shall annually on or before the fifteenth day of October make a return to the secretary of the Common- wealth of the amount and kind of liquors purchased by him, the date of each purchase, the prices paid, and the name of the party of whom purchased ; and if he fails to make such return he shaU forfeit a sum not exceeding one hundred dollars. The returns shall be kept on file in the secretary's ofSce, but need not be printed. Sect. 24. Whoever, purchasing spirituous or intoxicating liquor of any agent, intentionally makes a false statement regard- ing the use to which the liquor is intended to be applied, shall pay a fine of not less than five nor more than twenty doUars. Inspector and assayer of ASSATEE AND InSPBCTOE OF LiQUOES. Sect. 25. The governor, with the advice and consent of the council, shaU annually appoint and commission a competent Intoxicating Liquors, 21 person as an inspector and assayer of liquors, and the said person appoStldan- shall not analyze liquors for other parties than the Common- nuaiiy. wealth, cities and towns, during the tei-m of his office. He —to give bond. shall, before receiving his commission, file in the office of the treasurer of the Commonwealth, a bond to the Commonwealth in the penal sum of ten thousand dollars, with two or more good and sufficient sureties, to be approved by the treasurer, for the faithful performance of the duties of his office. The said —salary of. inspector shall receive an annual salary of three thousand dollars, payable quarterly, on the first days of January, April, July and October. The duties of said inspector shall be to inspect and analyze —duties of. all liquors of the commissioner, as provided in section three of this act, and also all liquors sent to him by the constable of the Commonwealth or any of his deputies, under the seal of the agent from whom the said liquors were obtained, as hereinafter provided, keeping a record of the result of his analysis, and reporting the result of such inspection and analysis to the officer from whom the said liquors were received. Sect. 26. It shall be the duty of the constable of the Com- constable of monwealth, either personally or by deputy, to visit each town to'^dt'agent*'' and city agent as often as once in every three months, take s.am- every three pies of all liquors kept for sale by the said agent, (allowing the take samples of said agent to seal the said samples with the seal of his agency,) gSion"' ™ and forward the same to the inspector and assayer of liquors, with a certificate setting forth the kinds of Uquors sent, from whom they were obtained, and the date when obtained ; and upon the receipt of the report of the inspection and analysis of said liquors, if it shall be found that any of the said samples of liquors were adulterated, to immediately proceed in a prosecu- tion against the said ofiending agent, as provided in the preced- ing sections of this act. The having adulterated liquors by any of the said agents, shall be considered prima facie evidence of the intent to sell the same. All intoxicating liquors, other than cider, malt liquors and Wiiat liquors wines, containing less than thirty-five per cent, of absolute toiS^**"'" alcohol, shall be considered adulterated within the meaning of this act. Sales, &c., specially atjthoeized. Sect. 27. The importer of liquor of foreign production im- Foreign liquors ported under authority of the laws of the TJnited States, may i^s°of u^s*^™ own, possess, keep, or sell, the same, in the original casks or may be sold in packages in which it was imported, and in quantities not less ag^"'"' ^'"'''' than the quantities in which the laws of the TJnited States require such liquor to be imported, and if sold by him, the same shall be as pure and unadulterated as when imported. Sect. 28. Druggists may sell, for medicinal pm-poses only, Fure alcohol pure alcohol to other druggists, apothecaries and physicians, dTOgrists°to '''' physicians, &c., 22 Abstract of Criminal Laws. for medicinal purposes. Chemists may keep liquors, &c. Sale of cider, wine, &c. No person to manufacture or sell intoxicat- ing liquor with- out being au- thorized, &c. No person to own or keep liquors with intent to sell, &c. Penalties for unlawful sales. known to be sucli : provided, that they shall keep a book in which they shall enter the date and quantity of every sale, the name and residence of the purchaser, and if exported, the place to which exported, and the name of the consignee : which book shall at all times be open to the inspection of the mayor and aldermen or selectmen. If a druggist or the clerk or agent of a druggist is convicted of an illegal sale, he shall pay a fine of one thousand doUars. Sect, 29. A chemist, artist or manufacturer, in whose art or trade they may be necessary, may keep at his place of business spirituous liquors for use in such art or trade, but not for sale ; and any person may manufacture or sell, or keep for sale, un- adulterated wine for sacramental purposes ; and any person may manufacture cider, or may sell or keep for sale cider, where the same is not sold, or kept with intent to be sold, at a public bar or to be drank on the premises. Unlawful Sales, &c. — Remedies, Punishments, &c. Sect. 30. No person shall manufacture for sale, or sell by himself, his clerk, servant or agent, directly or indirectly, any spirituous or intoxicating liquor, or any mixed liquor part of which is spirituous or intoxicating, unless he is authorized as provided in this act. Ale, porter, strong beer, lager-bier, and all wines, shall be considered intoxicating liquors within the mean- ing of this act, as well as distilled spirits ; but this enumeration shall not prevent any other pure or mixed liquors from being regarded as intoxicating. Sect. 31. No person shall own, possess or keep, any spiritu- ous or intoxicating liquor, with intent to sell the same in this Commonwealth, and no owner of such liquor shall permit or suf- fer any other person to keep the same for the purpose of selling it in this Commonwealth, unless authorized as provided in this act. Sect. 32, Whoever, by himself, his clerk, servant or agent, directly or indu-ectly, or on any pretence or by any device, sells, or in consideration of the purchase of any other property, gives, to another person spirituous or intoxicating liquor, or mixed liquor part of which is spirituous or intoxicating, in violation of the provisions of this act, shall, for one violation, pay ten dollars, and be imprisoned in the house of coiTCCtion not less than twenty nor more than thirty days ; for a second violation, shall pay twenty dollars and be imprisoned in the house of correction not less than thirty nor more than sixty days ; and for any sub- sequent violation, shall pay fifty doUars and be imprisoned in the house of correction not less than three nor more than six months ; and if in any case the fine and costs are not paid, the imprison- ment shall be extended thirty days. Whoever in the employ- ment or on the premises of another violates any provisions of this section, shall be held equally guilty with the principal, and suffer the same punishment. Intoxicating Liquors. 23 Sect. 33. Whoever is a manufacturer of spirituous or intoxi- ^"^^^^^1^^' eating liquor for sale, or a common seller thereof, in violation of tuier or com- the provisions of this act, shall for one violation, pay fifty dollars ™°" ^^^^'^' and be imprisoned in the house of correction not less than three nor more than six months ; for a second violation, shall pay the sum of two hundred dollars and be imprisoned six months in the house of correction ; and for any subsequent violation, shall pay the sum of two hundred dollars and be imprisoned twelve months in the house of correction in the county where the offence was committed. Whoever in the employment or on the premises of another violates the provisions of this section, shall be held equally guilty with the principal, and shall suffer the same pun- ishment. Three several sales of spirituous or intoxicating liquors to one or more persons shall be sufficient evidence of a violation of this section, but this shall not prevent proof of the same by other evidence. Sect. 34. The names of all the parties charged with any several parties offence, under either of the two preceding sections, and one or may beTnciud- more offences, may be included in the same complaint or indict- ^fatat^d^sev- ment, and may be tried at the same time. Whoever is con- eraiofcnces victed of more than one offence on the same complaint or indict- ^me'tlmT&o' ment, or on different indictments, at the same or any other terms of the court, shall be subject to the same punishments as if he had been successively convicted on as many complaints or in- Aggregate of dictments at different terms of the court as there are offences of aTone tem of which he is convicted : but the whole aggregate term of impris- "ourt not to ex- . , ' 1 ■ i • n- i i i eeed one year. onment under any one complaint or mdictment, or at any one term of the court, for violations of the provisions of either sec- tion, shall never exceed one year. Sect. 35. In all cases under this act, delivery of intoxicating Delivery to be liquor in or from any building or place, other than a private ^^^^s^f"" dwelKng-house or its dependencies, or in such dwelling-house or dependencies, if part of the same is a t&vern, public eating- house, grocery, or other place of common resort, shall be deemed prima facie evidence of and punishable as a sale ; and a delivery in or from a private dwelling-house with payment or promise of payment either express or implied, on, before or after such delivery, shall be deemed prima facie evidence of and punish- able as a sale. Sect. 36. Whoever owns, possesses or keeps any spirituous Penalty for or intoxicating liquor, with intent to sell the same contrary to °^™|ot witS the provisions of this act, shall be fined ten doUars and impris- intent to sell. oned twenty days in the house of correction, and shall be im- prisoned twenty days longer if said fine and costs are not paid. A complaint may be made and prosecuted under this section, whether any liquor has been seized as being owned or kept by the person complained against or not. Sect. 37. Whoever, for the purpose of conveying to another —for receiving person, receives any spirituous or intoxicating liquor which has ij?soid"tobe"'' been sold or is intended for sale in violation of this act, having conveyed to ° another person. 24 Abstract of Criminal Laws. — on railroad corporations, their servantSi &c. — for bringing liquor into the state, with in- tent to sell, &c. —for selling to persons who orink to excess, after notice in writing has been given. Persons unlaw- fully furnishing liquor liable for damages done Ity intoxicated persons. reasonable cause to believe that the same has been so sold, or is so intended for sale, shall, on conviction thereof, either in the place where the liquor is received or in any place through which it is carried, or in the place at which it is delivered to the pur- chaser or to any person for him, pay a fine of twenty dollars. Sect. 38. Whoever, having authority from a railroad corpo- ration to receive goods to be transported by such corporation, receives, for the purpose of having the same transj)orted on such railroad, any spirituous or intoxicating liquor sold or in- tended for sale in violation of this act, having reasonable cause to believe that the same has been so sold or is so intended for sale, shall be hable to the penalty prescribed in the preceding section ; and the corporation shall also be liable to pay a fine of fifty dollars, to be recovered by indictment or complaint in any county in which such liquor has been received or into which it is earned. Sect. 39. Whoever brings into this Commonwealth, or con- veys from place to place within the same, any spirituous or intoxicating liquor, with intent to sell the same himself or to have it sold by another, or having reasonable cause to believe that the same is intended to be sold in violation of this act, shall be punished for the first and each subsequent ofience in the manner provided in section thirty-two for any person illegally selling spirituous or intoxicating liquor. Sect. 40. The husband, wife, parent, child, guardian or em- ployer, of any person who has or may hereafter have the habit of drinking spirituous or intoxicating liquor to excess, may give notice in writing signed by him or her to any person not to deliver spirituous or intoxicating liquor to the person having such habit. If the person so notified at any time within twelve months after such notice delivers any such liquor to the person having such habit, the person giving the notice may in an action of tort recover of the person notified any sum not less than twenty-one nor more than five hundred dollars, as may be as- sessed by the jury as damages. A married woman may bring such action in her own name, notwithstanding her coverture, and all damages recovered by her shall go to her separate use. In case of the death of either party, the action and right of action given by this section shall survive to or against his executor or administrator. Sect. 41. If a person in a state of intoxication commits an assault and battery, or injures any property, whoever furnished him with any part of the spirituous liquor which occasioned his intoxication, if the same was furnished in violation of this act, shall be liable to the same action by the party injured as the person intoxicated would be liable to ; and the party injured, or his legal representatives, may bring either a joint action against the person intoxicated and the person who furnished the hquor, or a separate action against either. Intoxicating Liquors. 35 Sect. 42. If a person is found in a state of intoxication in a intoxicated public place, or is found in any place in a state of intoxication arrested wiSi- committing a breach of the peace, or disturbing others by noise, °^l^^^^J^ any sheriff, deputy-sheriff, constable, watchman or police oflScer shall without a warrant take him into custody, and detain him in some proper place until, in the opinion of such officer, he is so far recovered from his intoxication as to render it proper to carry him before a court of justice. The officer shall then take him before some justice of the peace or police court in the city or town where he has been found, and shall make a complaint against him for the crime of drunkenness. Sect. 43. If such person then discloses fully the name of the —to be dis- person of whom, and the time, place and manner in which, the Sisdose name^ liquor producing his intoxication was procured, and all circum- ^^■< °^ ivhom stances attending it, the justice or court shall administer to him iiquor. the oath provided for witnesses, and interrogate him in the presence of the officer ; and if it appears to the officer and magistrate that either of the offences specified in sections thirty-two or thirty-three has been committed, the officer shall file his complaint for the commission of such offence, before said justice or court, against the persons who appear to have been guilty thereof, and the person so disclosing shall be named as one of the witnesses. The officer shall thereupon discontinue his prosecution for drunkenness, and the person arrested shall be discharged, and shall not be liable to be prosecuted again for the same offence. Sect. 44. If two persons, of full age and competent to testify, search war- make complaint under oath or affirmation, before a justice of the Srai'upon'' peace or police court, that they have reason to believe, and do complaint un- believe, that any spirituous or intoxicating liquor, described in two persons of the complaint, is kept or deposited by a person named in the ^"^ ^^• complaint in a store, shop, warehouse, building, vehicle, steam- boat, vessel, or place, and intended for sale contrary to the pro- visions of this act, such justice or court, upon its appearing that there is probable cause to believe said complaint to be true, shall issue a warrant of search to any sheriff, deputy-sheriff, city marshal, chief of police, deputy chief of police, deputy marshal, or constable, commanding him to search the premises ia which it is alleged such liquor is deposited, and to seize such liquor with the vessels in which it is contained, and securely keep the same until final action is had thereon, and return the wan-ant with his doings thereon as soon as may be to the same or some other justice or police court in the place where such liquor is alleged to be kept or deposited. Sect. 45. No warrant shall issue for the search of a dwelling — not to issue to house, unless a tavern, store, grocery, eating-room, or place of fng'housl.^un- common resort is kept therein ; and no warrant shall issue for less, &c. the search of a dwelling-house unless one of the complainants makes oath or affirmation that he has reason to believe, and does believe, that such liquor has been sold therein or taken 26 Abstract of Criminal Laws. Place to be searched to be designated in complaint. Officer to search premises, seize liquors, &c. If liquor and vessels seized do not exceed $20 in value, written notice to issue to keep- er of liquor seized. Notice, what to contain, how served, &c. therefrom for the purpose of being sold by the occupant, or by his consent or permission contrary to law, within one month next before making such complaint, and is then kept therein for sale contrary to law by the person complaihed against. The complainant shall in his oath or affirmation state the facts and circumstances on which such belief is founded, and such alle- gations shall be recited in the complaint and warrant. Sect. 46. In all cases the complaint shall particularly desig- nate so as to identify the building, structure, and place, to be searched, the liquors to be seized, the person by whom they are owned, kept or possessed, and intended for sale, and shall allege the intent of such person to sell the same contrary to the pro- visions of this act. The warrant shall be supported by the oath or affirmation of the complainant, and shall allege that probable cause has been shown for the issuing thereof; and the place to be searched, the liquors to be seized, and the person believed to be the owner, possessor, or keeper of such liquors, intending to sell the same contrary to the provisions of this act, shall be set out therein by special designation and with the same particularity as in the complaint; and the offence both in the complaint and warrant shall be fully, plainly, and substantially described, and the complainants shall be summoned to appear as witnesses. Sect. 47. The officer to whom the warrant is committed shall proceed to search the premises and seize the liquor described in the warrant, with the casks or other vessels in which it is con- tained, if they are found in or upon said premises, and shall convey the same to some place of security, where he shall keep the liquor and vessels until final action is had thereon. Sect. 48. If in the opinion of the justice or court before which the warrant is returned, the value of the liquor seized, with the vessels containing it, does not exceed twenty dollars, a writ- ten notice under seal, and signed by the justice or the clerk of said court, shall be issued within twenty-four hours after such seizure, commanding the person complained against as the keeper of the liquor seized and all other persons claiming any interest therein, or in the casks or vessels containing the same, to appear before said justice or court, at a time and place therein named, to answer to said complaint, and show cause, if any they have, why such liquor, with the vessels containing it, should not be forfeited. Sect. 49. The notice shall contain a description of the num- ber and kind of vessels, the quantity and kind of liquor seized, as nearly as may be, and ehall state when and where they were seized. It shall be served by any sheriff, deputy-sheriff, constable or police officer, upon the person charged with being the keeper thereof, by leaving an attested copy of the same with him per- sonally or at his usual place of abode, if an inhabitant of this state, and by posting up an attested copy on the building in which the liquor was seized, if it was found in any building, otherwise in some public place in the city or town where the Intoxicating Liquors. 27 liquor was seized, and by publishing an attested copy at least twice in some newspaper printed in the county where the seizure is made, if there is any such paper. The posting up of the notice, and the serving the same on the party complained of as keeper, and the first publication in the newspaper, shall not be less than fourteen days before the time appointed for the trial. Sect. 50. If at the time appointed for trial said notice has Newnoticemay not been duly served, or other suflacient cause appears, the trial J.^™ s.™ "«"^*™ may be postponed to some other day and place, and such further notice issued as shall supply any defect in the previous notice ; and time and opportunity for trial and defence shall be given to persons interested. Sect. 51. At the time and place designated in the notice, the claimant of person complained against, or any person claiming an interest in appear™"'' the liquor and vessels seized, or any part thereof, may appear Tnai, forfeit- and make his claim verbally or in writing, and a record of his ^^^' "' appearance and claim shall be made, and he shall be admitted as a party on the trial. Whether a claim as aforesaid is made or not, the justice or court shall proceed to try, hear and deter- mine, the allegations of such complaint, and whether said liquor and vessels, or any part thereof, are forfeited. If it appears that the liquor or any part thereof was at the time of making the complaint owned or kept by the person alleged therein, for the purpose of being sold in violation of this act, the court or justice shall render judgment that such and so much of the liquor so seized as was so unlawfully kept, and the vessels in which it is contained, be forfeited to the Commonwealth. Sect. 52. Any liquor so forfeited, which in the opinion of Certain liquors said justice or court is suitable for use for medicinal, chemical or deUve*red*to''^ mechanical purposes, shall, by the authority of the written order agents for sale, of the justice or court, be delivered to any agent appointed for be destro'yed. the sale of spirituous liquors of the city or town in which the liquors were seized, to be sold by him and the net proceeds paid over to the treasurer of the Commonwealth. If there is no such agent in said city or town, the same shall be delivered to any such agent in the state that the justice or court may order, to be by him sold, and the proceeds paid over in like manner, and the officer to whom such order is directed shall make re- turn of his doings in the premises. Any such liquor which, in the opinion of the justice or court is not suitable for use as aforesaid, shall, by like order, be destroyed in the presence of the justice or court, or in the presence of some person appointed thereby to witness such destruction, and the witness shall join with the officer in attesting the fact upon the back of the order by authority of which it was done. Sect. 53. If it is not proved on the trial that all or part of Liquors seized, the liquor seized was kept or deposited for sale contrary to law, i^kept forlaie the justice or court shall issue a written order to the officer hav- to be returned. ' ing the same in custody, to return so much thereof as was not proved to be so kept or deposited, with the vessels in which it is 28 Abstract of Criminal Laws. Coats in such cases, and ex- ecutions there- on. Persona claim- ing, &c., to have right of appeal. — to recognize in sum of $200. ProoeecUngs when value of liquor and ves- sels exceeds $20. Persons illegal- ly selling may be arrested without war- rant. contained, to the place as nearly as may be from which it is taken, or to deliver the same to the person entitled to receive it; which order the officer, after executing the same, shall return to the justice or court with his doings indorsed thereon. Sbct. 54. If no person appears and is admitted as a party as aforesaid, or if judgment is rendered in favor of all the claimants who appear, the cost of the proceedings shall be paid as in other criminal cases. If only one party appearing fails to sustain his claim, he shall pay all the costs except the expense of seizing and keeping the liquor, and an execution shall be issued against him therefor. If judgment is rendered against two or more claimants, of distinct interests in the liquor, the costs shall, ac- cording to the discretion of the justice or court, be apportioned among such parties, and executions shall be issued against them severally. If such execution is not forthwith paid, the defendant therein named shall be committed to the jail, and shall not be discharged therefrom until he has paid the same and the costs of commitment, or until he has been imprisoned thirty days. Sect. 55. The person claiming any such liquors, whose claim is not allowed as aforesaid, and the person complained against, shall have the same right of appeal and to the same court as if he had been convicted of a crime ; but before his appeal is allowed he shall recognize to the Commonwealth in the sum of two hun- dred dollars, with good and sufficient security or securities, to prosecute his appeal at the court appealed to and abide the sen- tence of the court thereon ; and upon such appeal any question of fact shall be tried by a jury. On the judgment of the court after verdict, whether of for feiture of the whole or any part of the liquor and vessels seized, or otherwise, similar proceedings shall be had as are directed in the four preceding sections. Sect. 56. If in the opinion of the justice or court before which a warrant is returnable under which any liquor has been seized, the value of the liquor seized with the vessels containing it exceeds twenty dollars, a notice shall be issued and served as directed in sections forty-eight and forty-nine, except that the same shall be made returnable to the term of the superior court to be held in the county next after the expiration of fourteen days from the time of issuing the notice. The court before which the notice is made returnable shall have jurisdiction of the case, and may proceed therein in the manner directed in sections fifty, fifty-one, fifty-two, fifty-three and fifty-four, as nearly as may be, and with a jury, upon any issue of fact pre- sented by the claimant or directed by the court. Sect. 57. Any mayor, alderman, selectman, deputy-sherifi", chief of police, deputy chief of police, city marshal, deputy or assistant-marshal, police officer, constable, or watchman, in his city or town, may without a warrant arrest any person whom he finds in the act of illegally selling, transporting, or distribut- ing intoxicating liquors, and seize the liquors, vessels, and imple- ments of sale, in the possession of said persons, and detain them Intoxicating Liquors. 29 in some place of safe keeping until warrants can be procured against said person and for the seizure of said liquor, vessels, and implements, under the provisions of this chapter. The several officers to en- officers aforesaid shall enforce or cause to be enforced the penal- ^"'''^ penalties, ties provided in this chapter, against every person guilty of any violation thereof of which they can obtain reasonable proof. If if officer any sheriff, deputy-sheriff, chief of police, deputy-chief of police, two'weeks to constable, or police officer, after being furnished with a written prosecute, per- notice of any violation of this act, and the names of the wit- IntiSed'to'Sf^ nesses, for two weeks neglects to institute proceedings thereon, fln^s imposed, any person who thereafter makes complaint shall be entitled to all fines imposed and collected for said violation. Sect. 58. Eveiy mayor, alderman, selectman, city marshal, PubUo officers deputy-marshal, sheriff, deputy-sheriff, police officer, and con- song megaUy stables, who has information that any intoxicating liquors are kept *''^i?s iiq"'"' «* or sold in any tent, shanty, hut, booth, stall, or similar place for Lgs. selling refreshments, in any public place on or near the grounds of any cattle show, agricultural exhibition, military muster, or public gathering of any kind, shall seize- such liquor and the ves- sels in which it is contained, and arrest the keeper of such place, and take him as soon as may be before some justice of the peace or police court, with the liquor and vessels so found and seized, and make complaint for the arrest and trial of such person and for the seizure and confiscation of such liquors, according to the provisions of this act. Sect. 59. Whoever is convicted of any offence under this Persons con- act in addition to the punishment herein prescribed, shall be re- SzeVatthey*' quired by the court or magistrate before whom he is convicted, will not sell wirnin one to recognize to the Commonwealth in a sum not less than one year, &c. thousand nor more than two thousand dollars, that he will not, within one year from the time of the conviction, violate any provision of this act or any law of this Commonwealth relating to the manufacture and sale of intoxicating liquor, and shall stand committed until he enters into such recognizance. Sect. 60. All cases under this act, whether by action, in- Cases under dictment, or complaint, which come before any court by original precedence*!?^ entry or appeal, shall take precedence in said court of all other ™"rt- business except those criminal cases in which the parties are actually imprisoned awaiting a trial : and the prosecuting; officer Noi. pros, not T_ 11 "^ . ^, 77 ° . ' , ^ ,• °. to l)e entered, shall not enter a nolle prosequi or grant a continuance in any norcontinuance such case, before or after a verdict, except where the purposes granted, except „ . , . ' • -i i 1 1 .^i '^ ■'I- upon written 01 justice may require it, to be shown upon a written motion, motion or state- filed in the case on behalf of the defendant, or a written state- ""^°'' ment filed by the prosecuting officer, stating the reason for a continuance; and he shall not enter a nolle prosequi except with the concurrence of the court. In cases under this act be- fore a justice of the peace or police court, no admission of the defendant except a plea of guilty made in court shall be received on the trial without the consent of the prosecutor. 30 Abstract of Criminal Laws. CaseB to be dis' posed of accord' ing to the regu- lar course of proceedings in criminal cases. Exceptions. Kecognizances to be in suit within sixty days. Common nuisances. Payment for liquor illegally sold to be with- out considera- tion. Actions for price not main- tainable. Officers execut- ing warrants protected, &c. No case in court for the violation of the provisions of this act, or of sections six, seven, eight or nine of the eighty-seventh chapter of the General Statutes, shall be laid on file or disposed of except by trial, judgment, acquittal or sentence, as the case may be, according to the regular course of proceedings in crimi- nal cases, unless in any case the purposes of justice require other disposition thereof, to be shown upon a written motion setting forth specifically the reasons therefor, and verified by affidavit where facts are relied on ; and in such case, the motion shall be allowed only upon the certificate of the presiding mag- istrate or judge, that he is satisfied that the cause relied on exists, and that the interests of public justice require the allow- ance thereof, which certificate shall be filed in the case. It shall be the duty of the judges, by a frequent examination of the dockets of their several courts, to see that the provisions of this section are strictly complied with. Nothing in this section shall be construed to affect in any way the course of proceedings where exceptions are pending. Sect. 61. District attorneys shall commence suits upon all recognizances given under this act in their respective districts, within sixty days after default entered of record, or after they have satisfactory evidence of any act which should cause a for- feiture thereof; and no suit on any recognizance shall be con- tinued, unless for good cause satisfactory to the court. But nothing herein contained shall prevent the commencement of such suit after the expiration of said sixty days. Sect. 62. All intoxicating liquors kept for sale, and the im- plements and vessels actually used in selling and keeping the same, contrary to the provisions of this act, are declared to be common nuisances. Sect. 63. All payments or compensations for spirituous or intoxicating liquors sold in violation of law, whether in money, labor or personal property, shall be held to have been received without consideration, and against law, equity and good con- science. No action of any kind shall be had or maintained in any court for the price of any liquor sold in any other state for the purpose of being brought into this Commonwealth to be here kept or sold in violation of law, under such circumstances that the vendor would have reasonable cause to believe that the purchaser entertained such illegal purpose ; and all bills of exchange, promissory notes, and other securities for and evi- dences of debt whatsoever, given in whole or in part for the price of liquor sold in violation of this act, shall be void against all persons holding the same with notice of such illegal con- sideration, either du-ect or implied by law- Sect. 64. No action shall be had or maintained against any sheriff, deputy-sheriff, chief of police, deputy chief of police or constable, or their assistants, for executing any warrant or order issued under this act by any justice or court competent to try the same ; nor shall an action be had or maintained against any Intoxicating Liquors. 31 officer for seizing, detaining, or destroying any intoxicating liquor, or tlie vessels containing it, unless such liquor and vessels were legally kept by the owner thereof. If a sheriff, chief of ^™,|'^f/"to police or deputy chief of police, marshal, constable or other offi- Bern warrants, cer to whom, any warrant, process or precept, provided for in this act, is directed, neglects or refuses to serve and execute the same, he shall be fined not less than three hundred dollars and not exceeding one thousand dollars, and it shall be a sufficient cause for removal or dismissal from office. For any loss or Indemnity, damage arising to him, without fault or negligence on his part, claimed^ ^''*° in consequence of obedience to any precept, process or warrant aforesaid, duly served, indemnity, if claimed, shall be claimed of the Commonwealth after the loss or damage sustained, and in no other manner. Sect. 65. Chapter eighty-six of the General Statutes, chap- Eepeai. ter one hundred and thirty-six of the acts of the year eighteen hundred and sixty-one, chapter two hundred and twenty-three of the acts of the year eighteen hundred and sixty-five, and chapters one hundred and forty-one, three hundred and eleven, three hvmdred and eighteen, three hundred and forty-two, and three hundred and forty-four of the acts of the year eighteen hundred and sixty-eight, are hereby repealed : provided, that Proriso. nothing herein contained shall affect any prosecution now pend- ing, or any penalty or forfeiture already incurred. FoHMa 01" Peoceedings. Sect. 66. "The following forms may be used in prosecutions forms of pro. under this act, and if substantially followed, shall be deemed sufficient to fully and plainly, substantially and formally, describe the several offences in each of them set forth, and to authorize the lawful doings of the officers acting by virtue of the wa- rants issued in substantial conformity therewith ; but this shall not be so construed as to prohibit the use of other suitable forms. [Note.— 'The forms provided under this chapter are printed separately, and are ready for delivery from olBce of State Police to all ofiScers or other persons entitled to them.] Whek To take Effect. Sect. 67. This act shall take effect on the first day of July when to take next, except so much thereof as relates to the appointment of ^''*"''- all officers and agents herein provided for, which shall take effect upon its passage. \^Approvea June ID, 1869. [Chapter 442, Acts of 1S69.] An Act in addition to an Act concerning the Manufacture and Sale of Intoxicating Liquors. Sect. 1. The word "constable,'' wherever it occurs in chap- Word"consta- ter four hundred and fifteen of the acts of the cun-ent year, iig'^eflS' 32 Abstract of Crirhinal Laws- When to take effect. shall be held and construed to include within its meaning the constable of the Commonwealth and his deputies. Sect. 2. This act shall take effect on the first day of July in the year eighteen hundred and sixty-nine. [Approved June 22, 1869. COMMON NUISANCES. Buildings re- sorted to for g restitution, :c., nui- sances. Penalty for keeping. Amended. See Chap. 269, Acts of 186S. Amended. See Chap. 260, Acts of 1866, under " Sentence of Criminals." Such use of premises by tenant to aTOid lease, &c. Penalty on landlord for letting, &c., building for such purposes. Booths, &c., used for gam- ing, &c., near tublic shows, cc, how re- moved. i^ [Chapter 87, General Statutes.] LIQUOE SHOPS, HOUSES OP ILL FAME, ETC. • Sect. 6. All buildings, places or tenements resorted to for prostitution, lewdness or illegal gaming, or used for the illegal keeping or sale of intoidcating liquors, shall be deemed com- mon nuisances. Sect. 7. Whoever keeps or maintains such common nui- sance shall be punished by fine not exceeding one thousand dollars, [and when by fine only, not less than two hundred dollars,] or imprisonment in the county jail not exceeding one year. Sect. 8. If a tenant or occupant, under a lawful title of any building or tenement, uses such premises, or any part thereof, for any of the purposes enumerated in section six, such use shall annul and make void the lease or other title under which he holds, and, without any act of the owner, shall cause the right of possession to revert and vest in such owner, and the owner may, without process of law, make immediate entry upon the premises, or he may avail himself of the remedy pro- vided in chapter one hundred and thirty-seven. Sect. 9. Whoever knowingly lets a building or tenement owned by him, or under his control, for any purpose enumerated in section six, or knowingly permits such building or tenement, or any part thereof, whUe under his control, to be used for such purpose, or after due notice of any such use, omits to take all reasonable measures to eject therefrom the persons occupying the same as soon as it can lawfully be done, shall be deemed guilty of aiding in the maintenance of such nuisance, and pun- ished by fine of not less than one hundred nor more than one thousand dollars, or imprisonment in the jail not less than thirty days, nor more than six months. Sect. 10. The mayor and aldermen or selectmen of any place, upon complaint made to them under oath, that the com- plainant has reason to believe, and does believe, that any booth, shed or other teniporary erection, situated within one mUe oi Common Nuisances. 33 any muster-field, cattle-show ground or other place of public gathering, is used and occupied for the sale of spirituous or fermented liquors, or for the purpose of gaming, may, if they consider the complaint well founded, order the owner or occu- pant thereof to vacate and close the same forthwith. If the owner or occupant refuses or neglects so to do, the mayor and aldermen or selectmen may forthwith abate such booth, shed or erection as a nuisance, and pull down or otherwise destroy the same, in any manner they choose, or through the agency of any force, civil or military. [Chapter' 78, Acta of 18»3.] An Act giving Jurisdiction to Police Courts in certain cases. Sect. 1. The several police courts in this Commonwealth Concurrent shall have concurrent jurisdiction with the superior court of alL^^^'superior offences under the sixth and seventh sections of chapter eighty- <=»"'' defined, seven of the General Statutes, and of all complaints under the common law, for the keeping and maintenance of a common, ill-govemed and disorderly house. Sect. 2. Whenever final jurisdiction is exercised by any Limitation of police court in such cases, the punishment shall be limited to a of "SiSjmls'-^^ fine not exceeding one [two] hundred dollars, and [or] imprison- diction, ment not exceeding one year in the jail or house of correction. sect.''2fS.'cts of Sect. 3. This act shall take effect upon its passage. [_Ap- ^l'^-^^^„ jsi proved March 12, 1863. sect, i, Acts of 1865. Amended. See chap. 280, Acts of 1866, under " Sentence of [Chapter 269, Acts of 1865.] Criminals." An Act in relation to certain Penalties under the eighty-seventh Chapter of the General Statutes. Sect. 1. Whenever in the discretion of the court the offence common nyd- set forth in the seventh section of the eighty-seventh chapter of mum knef the General Statutes is punished by a fine only, such fine shall not be less than two hundred dollars. Sect. 2. The second section of the seventy-eighth chapter ^",1?°'^^'' ^ ^' of the acts of the year eighteen hundred and sixty-three is ed'. '"'""^^''^' hereby so amended that the limit of punishment by fine shall be two hundred dollars, instead of one hundred dollars. Sect. 8. Nothing in this act contained shall affect any prose- Not to affect . T o . ... 1, ■ J r suit nendinff. cution pending, or any liability or penalty incurred for any offence committed prior to the time this act shall take effect. \_Appr of a justice of upon view 01 a breach oi the peace, or any other offence proper the peace. f^^ his cognizance, to apprehend and bring before him the offender, refuses or neglects to obey such justice, shall be pxm- ished in the manner provided in the preceding section for refus- ing assistance to a sheriff; and no person to whom such justice is known or declares himself to be a justice of the peace, shall plead any excuse on pretence of ignorance of his office. FaiaeiyaBsum- Sect. 18. Whoever falsely assumes or pretends to be a jus- ticlof theVeace tice of the peace, sherifij deputy-sheriff, coroner, constable, po- or officer. lice officer, or watchman, and takes upon himself to act as such, or to require any person to aid or assist him in a matter per- taining to the duty of any such officer, shall be punished by im- prisonment in the jail not exceeding one year, or by fine not exceeding four hundred dollars. Disguising to Sect. 19. Whoever in any manner disguises himself with ome^aw!'*'"" intent to obstruct the due execution of the law, or with intent to intimidate, hiuder, or interrupt any officer or other person in the legal performance of his duty, or the exercise of his rights under the constitution or laws of this state, whether such intent is effected or not, shall be punished by imprisonnient in the jail not exceed.ing one year, or by fine not exceeding five hundred dollars, and may also be bound to good behavior for the term of one year a,fter the expiration of such imprisonment. Concealing and Sect. 20. Whoever, having knowledge of the commission off"nc"e"? ^ of an offence punishable with death or by imprisonment in the state prison, takes money, or a gratuity or reward, ot an engage- ment therefor, upon an agreement or understq,j;iding express Offences against Public Justice. 69 or implied to compound or conceal such offence, or not to prose- cute therefor, or not to give evidence thereof, shall, where such offence of which he has knowledge is punishable with death or imprisonment in the state prison for life, be punished by im- prisonment in the state prison not exceeding five years, or in the jail not exceeding one year ; and where the offence of which he so had knowledge was punishable in any other manner, he shall be punished by imprisonment in the jail not exceeding two years, or by fine not exceeding five hundred dollars. Sect. 21. If a sherii^ constable, or other officer authorized officers, taking to serve legal process, receives from a defendant, or any other oSdtSngttieir person, any money or other valuable thing, ?is a consideration, duty, reward, or inducement, for omitting or delaying to arrest a defendant, or to carry him before a magistrate, or for delaying to take a person to prison, or for postponing the sale of property under an execution, or for omitting or delaying to perform any duty pertaining to his office, he shall be punished by fine not exceeding three hundred dollars, or by iniprisonment in the jail not exceeding three months. Sect. 22. A recording officer who wilfuUy and corruptly Bjrtortionby demands and receives any greater fee for an official duty or ser- fe^^'''^^'^ vice than is allowed by law, shall forfeit fifty dollars for each offence ; and any other person who wilfully and corruptly de- mands and receives for the performance of any official duty or service for which a fee or compensation is allowed and provided by law, a greater fee or compensation than is so allowed and provided, shaU forfeit thirty dollars for each offence; which penalties may be recovered by complaint or indictment to the use of the Commonwealth, or by action of tort to the use of any person who sues therefor : provided, that the prosecution or action is commenced within one year after the offence is com- mitted. [Chapter 186, Acts of I860.] An Act concerning the Form of Indictment for Perjury and Subornation of Perjury. Sect. 1. In every indictment for perjury, or for unlawfully. Offences to be falsely, fraudulently, deceitfully, maliciously, or corruptly taking, sefforto' &'c. making, signing, or subscribing any oath, affirmation, declaration, affidavit, deposition, bUl, answer, notice, certificate or other writ- ing, it shall be sufficient to set forth the substance of the offence charged upon the defendant (if the perjury be alleged to have been committed in a criminal case) or the nature of the contro- versy in general terms (if the perjury be alleged to have, been committed in any civil suit or proceeding) and by what court, or before whom the oath, affirmation, declaration, affidavit, depo- sition, bill, answer, notice, certificate, or other writing, was taken, made, signed or subscribed, without setting forth the biU, answer, information, indictment, declaration, or any part of any proceed- 70 Abstract of Criminal Laws. ing either in law or in equity, and without setting forth the commission or authority of the court or person before whom the offence of perjury was committed. Of indictment Sbct. 2. In every indictment for subornation of periury, or for suborna- « , ■, . . ■' ^ j.- -^i j. -j. tion, &c. for corrupt bargaining or contracting with any person to commit wilful and corrupt perjury, or for inciting, causing, or procuring any person unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly to take, make, sign, or subscribe, any oath, aflBrmation, declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing, it shall be sufficient, wher- ever such perjury or other offence aforesaid shall have been actually committed, • to allege the offence of the person who actually committed such perjury, or other offence, in the manner herein before mentioned, and then to allege that the defendant imlawfnlly, wilfully, and corruptly, did cause aftd procure the said person and said offence, in manner and form aforesaid, to do th? nffo °L° fcn ^^^ commit ; and wherever such peijury or other offence afore- "■ said shall not have been actually committed, it shall be sufficient to set forth the substance of the offence charged upon the de- fendant, without setting forth, or averring any of the matters or things herein before rendered unnecessary to be set forth or averred in the case of wilful and corrupt perjury. Sect. 3. This act shall take effect from its passage. [_Ap- proved April 4, 1860. the offence, &c. [Chapter 231, Acts of 1865.] As Act in relation to Commissions of certain Officers. Justices and Skct. 1. It shall be the duty of the secretary of the Com- not?fle1?of iim- monwealth to send a notice, by mail, to every person commis- its of tenure, sioned as a justice of the peace or notary public, of the time of expiration of his commission, not more than thirty nor less than fourteen days before such expiration. Penalty for Sect. 2. If any person who has received such notice shall aotSter noHce. presume to act in any official manner after the expiration of his commission, he shall pay a fine of not less than one hundred dollars nor more than five hundred dollars. Sect. 3. This act shall take effect upon its passage. [_Ap- proved May 13, 1865. OFFENCES AGAINST THE PUBLIC PEACE. [Chapter 164, General Statutes.] OE' OFPEITCES AGAINST THE PUBLIC PEACE. Unlawful as- Sect. 1. If any persons, to' the number of twelve or more, BUTOresBed,'"' being armed with clubs or other dangerous weapons, or if any The Public Peace. Tl persons, to the number of thirty or more, whether armed or not, are unlawfully, riotously, or tumultuously assembled in any city or town, it shall be the duty of the mayor and of each of the aldermen of such city, and of each of the selectmen of such town, and of every justice of the peace living in any such city or town, and also of the sheriff of the county and his deputies, to go among the persons so assembled, or as near to them as may be with safety, and in the name of the Commonwealth to command all the persons so assembled, immediately and peaceably to dis- perse ; and if such persons do not thereupon immediately and peaceably disperse, it shall be the duty of each of said magis- trates and officers to command the assistance of all persons there present, in seizing, arresting, and securing, such persons in cus- tody, so that they may be proceeded with for their offence, ac- cording to law. Sect. 2. If any person present, being commanded by any of Refusing assist- the magistrates or officers mentioned in the preceding section to mi^edforto aid or assist in seizing and seeming such rioters, or persons so disperse when unlawfully assembled, or in suppressing such riot or unlawful '=°'°°"""i'' • assembly, refuses or neglects to obey such command, or, when required by such magistrate or officer to depart from the place, refuses or neglects so to do, he shall be deemed one Of the riot- prs, or persons unlawfully assembled, and may be prosecuted and punished accordingly. Sect. 3. If any mayor, alderman, selectman, justice of the Neglect of may- peace, sheriff, or deputy-sheriff, having notice of any such riotous cerTo'snppreSi or tumultuous and unlawful assembly, in the city or town in &c;. which he lives, neglects or refuses immediately to proceed to the place of such assembly, or as near thereto as he can with safety, or omits or neglects to exercise the authority with which he is invested by this chapter for suppressing such assembly, and for arresting and securing the offenders, he shall be punished by fine not exceeding three hundred dollars. Sect. 4. If any persons who are so riotously or unlawfully Officers may assembled, and who have been commanded to disperse, as before S'mbiierby' provided, refuse or neglect to disperse without unnecessary de- force, &o. lay, any two of the magistrates or officers before mentioned may require the aid of a sufficient number of persons, in arms or otherwise as may be necessary, and shall proceed in such manner . as in their judgment is expedient, forthwith to disperse and sup- press such assembly, and seize and secure the persons com- posing the same, so that they may be proceeded with according to law. Sect. 5. When any armed force, called out in the manner Armed force, if provided by chapter thirteen, to suppress a tumult or, riot, or to Sbey'orderof disperse any body of men acting together by force and with governor, intent to commit a felony, or to offer violence to persons or ^" ^^' " property, or with intent by force or violence to resist or oppose the execution of the laws of this state, arrives at the place of such unlawful, riotous or tumultuous assembly, they shall obey 72 Abstract of Criminal Laws. Officers, ka., to be held guilt- less, though death is caused. Bioters, &c., responsible. Biotonsly de- stroying dwell- iag-house, &c. Towns, &c., to • pay three- fourths of value of property de- stroyed or in- jured. May recover from offenders. Carrying slung shot, &c. such orders for suppressing the riot or tumult, and for dispers- ing and arresting all persons who are committing any of said offences, as they have received from the governor, or any judge of a court of record, or the sheriff of the county, and also such orders as they there receive from any two of the magistrates or officers -before mentioned. Sect. 6. If, by reason of the efforts made by any two or more of said magistrates or officers, or by their direction, to disperse such assembly, or to seize and secm-e the persons com- posing the same, who have refused to disperse, though the numbet' remaining may be less than twelve, any such person, or other person then present, is killed or wounded, the magistrates and officers, and all persons acting by their order, or under their directions, and all persons acting under the two preceding sec- tions, shall be held guiltless and fully justified in law ; and if any of said magistrates or officers, or any person acting under or by the direction of any of the officers before mentioned, is killed or wounded, all persons so assembled, and all other per- sons who, when commanded or required, refused to aid and assist said magistrates or officers, shall be held answerable therefor. Sect. 7. If any of the persons so unlawfully assembled demohshes, pulls down or destroys, or begins to demolish, pull down or destroy, any dwelling-house or other building, or ship or vessel, he shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding one thousand dollars and imprisonment in the jail not exceeding two years, and shall also be answerable to any person injured, to the full amount of the damage, in an action of tort. Sect. 8. When property of the value of fifty dollars or more is destroyed, or property is injured to that amount, by any persons to the number of twelve or more, riotously, rout- ously or tumultously assembled, the city or town within which the property was situated 'shall be liable to indemnify the owner thereof, to the amount of three-fourths of the value of the property destroyed, or of the amount of such injuiy thereto, to be recovered in an action of tort : provided, that the owner of such property uses all reasonable diligence to prevent its de- struction or injury, and to procure the conviction of the offenders. Sect. 9. A city or town which pays any sum under the provisions of the preceding section may recover the same against any or aU of the persons who destroyed or injured such property. Sect. 10. Whoever when arrested upon a warrant of a magistrate issued against him for an alleged offence against the laws of this state, and whoever when arrested by a sheriff, deputy-sheriff, constable, police officer or watchman while com- mitting a criminal offence against the laws of this state, or a b.reach or disturbance of the public pe^ce, is armed with, or has Public Health. 73 on his person, slung-shot, metallic knucMes, billies or other dan- gerous weapon, shall be punished by fine not exceeding fifty dollars, or by imprisonment in the jail not exceeding one year. Sect. 11. Whoever manufactures or causes to be manufeic- Manufacturing, tured, or sell or exposes for sale, any instrument or weapon of j^^;' * "°^"* " ' the kind usually known as slung-shot, or metalHc knuckles, shall be punished by fine not less than fifty dollars, or by imprison- ment in the jail not exceeding six months. Sect. 12. Whoever is concerned in causing or making a bon- Makingbon-flre fire within ten rods of any house or building shall be punished by ^*"bliUdSig'. ' fine not exceeding twenty dollars, or imprisonment not exceed- ing one month. Sect. 13. Whoever without reasonable cause, by outcry or False alarm of the ringing of bells or othferwisfe, makes or circulates, or causes *' to be made or circulated, a false alarm of fire, shall be punished by fine not exceeding fifty dollars. [Chapter 301, Acts of 1869.] An Act relating to Vehicles and Itinerant Musicians in Cities and Tbwns. Sect. 1. The mayor and aldermen of any city, and the Cities and selectmen of any town, may make such rules and regulations in reJSate pas- relation to the passage of carriages, wagons, carts, trucks, sleds, Sfongii^steets^ sleighs or other vehicles, through the streets or public ways of the city as they shall deem necessary for the safety or conven- ience of those who travel on said streets or ways, on foot or in vehicles, with penalties for violations thereof, not exceeding Penalty, twenty dollars for one offence. Sect. 2. The mayor and aldermen of any city may adopt —may make rules and orders not inconsistent with the laws of this Com- concemtol mon wealth for the regulation and control of persons who shall, ^ans!™""' after the passage of this act, frequent the streets and public places in said city, playing on hand-organs or other musical instruments, beating drums or blowing trumpets, with penalties for violations thereof, not exceeding twenty dollars for each Penalty, offence. [^Approved May 22, 1869. OFFENCES AGAINST THE PUBLIC HEALTH. [Chapter 166, General Statutes.] OF OFFENCES AGAINST THE PUBLIC HEALTH. Sect. 1. Whoever knowingly sells any kind of diseased, selling corrupt corrupted or unwholesome provisions, whether for meat or drink, ""^ unwhoie- 10 74 Abstract of Criminal Laws. some provisions without making the same fully known to the buyer, shall be wi ou no oe. pyjjjgjjg^ \jj imprisonment in the jail not exceeding six months, or by fine not exceeding two hundred dollars. Killing for sale Sect. 2. Whoever kills or causes to be killed, for the pur- fess'^thanfour pose of sale, any calf less than four weeks old, or knowingly weeks old. sells, Or has in his possession with intent to sell, the meat of any calf killed when less than four weeks old, shall be punished by fine not exceeding two hundred dollars. Adulterating Sect. 3. Whoever fraudulently adulterates, for the purpose of sale, bread or any other substance intended for food, with any substance injurious to health, shall be punished by imprison- ment in the jaU not exceeding one year, or by fine not exceed- ing three hundred dollars ; and the articles so adulterated shall be forfeited, and destroyed under the direction of the court. Lij^r^u^dfor Sect. 4. Whoever adulterates, for the purpose of sale, any cuius mdieus, liquor used or intended for drink, with cocauhts indicus, vitriol, *"'• grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, Brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health ; and whoever knowingly sells any such liquor so adulterated, shall be punished by imprisonment in the state prison not exceeding three years ; and the articles so adulterated shall be forfeited. Adulteration of Sbct. 5. Whoever fraudulently adulterates, for the purpose ci™Mi!*" ™* ' of sale, any drug or medicine, or sells any fraudulently adul- terated drug or medicine, knowing the same to be adulterated, shall be punished by imprisonment in the jail not exceeding one year, or by fine not exceeding four hundred dollars ; and such adulterated drugs and medicines shall be forfeited, and de- stroyed under the direction of the court. Wilfliiiycor- Sect. 6. Whoever wilfully or maliciously defiles, corrupts, raptmgsprmgs, , . • j.\. j? i &c., or injuring Or makes impure any spring or other source pi water or reser- aqueduct. y^jj.^ qj. ^estroys Or injures any pipe, conductor of water or other property pertaining to an aqueduct, or aids or abets in any such trespass, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the jail not exceeding one year. Ssem"' &c!^ Sect. 7. If any apothecaiy or other person sells any arsenic, keepre'cordi strychnine, corrosive sublimate or prussio acid, without the ^''' written prescription of a physician, he shall keep a record of the date of such sale, the article, the amount thereof sold, and the person or persons to whom delivered ; and for each neglect Purchasers who he shall forfeit a sum not exceeding fifty dollars. Whoever gje false name, pm-gi^aggg deadly poisons, as aforesaid, and gives a false or fic- titious name to the apothecary or other person, shall be pun- ished by fine not exceeding fifty doUars. Public Health. T5 [Chapter 140, Acts of 1863.] An Act in relation to the Sale of Milk. Sect. 1. Whoever buys or sells milk by any other measures, Penalty for cans or vessels, than those sealed as provided in the one hundred Sot'feSedf"'^* and fiftieth section of the forty-ninth chapter of the General f^^^^^^^^ Statutes, shall for one violation pay twenty dollars, and for a Acts of 1867. ' second and each subsequent violation, fifty dollars. Sect. 2. Whoever adulterates, by water or otherwise, milk ?™^yu"'?^ to be sold in this state, or being recorded in the books of the in- m§k. spector as a dealer in milk, conveys from place to place, or know- ? "^"^^o" 150 ingly sells or causes to be sold adulterated or unwholesome milk, Acts of 1869. ' shall for one violation pay twenty dollars, for a second violation pay fifty doUars, and for any subsequent violation, be imprisoned in the house of correction not less than thirty nor more than ninety days; and whoever, in the employment of another. Employees held knowingly violates any provision of this section, shall be held responsible, equally guilty with the principal, and suffer the same penalty or punishment. Sect. 3. It shall be the duty of the inspector to cause tlie Publication of name and place of business of all persons convicted under the co^Tiotions. preceding section, to be published in two newspapers printed in the town or county where the offence may have been com- mitted. Sect. 4. So much of section one hundred and fifty-one, of Repeal. ; the forty-ninth chapter of the General Staitutes, inconsistent herewith, is hereby repealed. Approved April 6, 1863. [Chapter 122, Acts of 1864.] An Act in relation to the Sale and Inspection of Milk. Sect. 1. The mayor and aldermen of cities shall, and the cities and selectmen of towns may, annually appoint one or more persons pohS'iS^pSt- to be inspectors of milk, for their respective places, who shall, ors. before entering upon the duties of their ofiices, be sworn. Each Public notice to inspector shall give notice of his appointment by publishing the ^^ ™*'^®' same two weeks in a newspaper published in his city or town, or if no newspaper is published therein, by posting up such notice in two or more public places in such city or town. Sect. 2. The inspectors shall keep an ofiice and books for the inspectors shall purpose of recording the names and places of business of all per- aeSers?"™^' °^ sons engaged in the sale of milk within their limits. They may AnaJyzation, in enter any place where milk is stored or kept for sale, and all ed^lau^ersl?""'" carriages used in the conveyance of milk ; and whenever they tions, required, have reason to believe any mUk found therein is adulterated, they shall take specimens thereof and cause the same to be ana- lyzed, or otherwise satisfactorily tested, the result of which they shall record and preserve as evidence ; and a certificate of such result, sworn to by the analyzer, shall be admissible in evidence 76 Abstract of Criminal Laws. Compensation in all prosecutions under this act. The inspectors shall receive of mepectore. g^^j^ compensation as the mayor and aldermen or selectmen shall determine. Measures to be Sbct. 3. All measures, cans or other yessels used in the sale, marled." or buying at wholesale^ of milk, shall be annually sealed by the s^^ehafm s^^jI^'" ^^ Weights and measures, by wine measure ; and all cans Acts of 1867. ' so used shall be marked by the sealer with figures showing the quantity which they hold. Penalties for Sect. 4. Whoever neglects to cause his name and place of ter^busines8?r' business to be recorded in the inspectors' books, and his name thaS?Beaied l^gi^tly placed upon all carriages used by him in the conveyance measures. of milk, before engaging in the sale thereof, and whoever sells, or buys at wholesale, rhilk by any other measures, cans or vessels than those sealed as before provided, shall forfeit twenty dollars for the first ofience, and for a second and each subsequent Sale of milk offence fifty dollars. And whoever offers for sale milk produced or°m8aii?i^^fed f'om cows fed upon the refuse of distilleries, or any substance cowsorofadni- deleterious to the quality of the milk, or whoever knowingly plmdties. ' offers for sale milk produced from sick or diseased cbws, shall forfeit twenty-five dollars for the first, and fifty dollars for every subsequent offence. Whoever sells, or keeps, or offers for sale, adulterated milk, or milk to which water or any foreign sub- stance has been added, shall for the first offence be punished by a fine of twenty dollars^ and for a second offence by a fine of fifty dollars ; and for , any subsequent violation he shall be im- prisoned in the house of correctiori not less than thirty nor more than ninety days ; and whoever, in the employment of another, knowingly violates any provision of this section, shall be held equally guilty with the principal, and suffer the same penalty. Pubiica,tion of Sbct. 5. It shall be the duty of the inspector to cause the Tioiatio™' ^°' name and place of business of all persons convicted under the pi-ieceding section, to be published in two newspapers printed in the town or county where the offence may have been com- mitted. Eepeai, Sect. 6. All acts and parts of acts inconsistent herewith are hereby repealed. Approved March 30, 1864. [Chapter 204, Acts of 1867.] An Act to repeal all Laws requiring the Sealing of Milk Cans, Bepeai. All acts and parts of acts which require the sealing of cans iii which milk is transported or sold, are hereby repealed. Approved May 2, 1869. Public Health. 77 [Chapter 160, Acts of 1869.] An Act to prevent the Sale or Exchange of Adulterated Milk. Sect. 1. Whoever sells or exchanges, or has in his possession Penalty for with intent to sell or exchange, or offers for sale or exchange, ia'JitCTatedf adulterated milk, or milk to which water or any foreign niiik- substance has been added, shall, for each offence, be punished by a fine of not less than twenty nor more than one hundred dollars. Sect. 2. Whoever adulterates by water or otherwise, milk Miikformak- to be delivered for manufacture into butter or cheese, shall be ^^^^se^' *"** liable to the penalties provided in the preceding section. Sect. 3. It shall be the duty of every inspector of milk to inspector to institute complaint, on the information of any person who shall ^aintl*^ ™™' lay before him satisfactory evidence on which to sustain the same. Sect. 4. Chapter one hundred and ninety-four of the acts of Eepeai. the year eighteen hundred and sixty-five, and chapter two hun- dred and sixty-three of the acts of the year eighteen hundred and sixty-eight, and all acts and parts of acts inconsistent here- with, are hereby repealed ; but such repeal shall not affect any prosecution now pending. Sect. 5. Each inspector of milk in this Commonwealth is inspector to hereby required to cause the provisions of this act to be pub- Newspaper! '" lished in his town, at least three times, by publication in some newspaper printed in said town, or some newspaper in the county in which the town is situated. Approved April 10, 1869. [Chapter 420, Acts of 1869.] Air Act to establish a State Board of Health. Sect. 1. The governor, with the advice and consent of the Board of health council, shall appoint seven persons, who shall constitute the a?a."'*' ^***'°' board of health and vital statistics. The persons so appointed shall hold their offices for seven years : provided, that the terms ProTiso. of ofiice of the seven first appointed shall be so arranged that the term of one shall expire each year, and the vacancies so created, as wgU as all vacancies occurring otherwise, shall be filled by the governor, with the consent of the council ; but any one may be re-appointed. Sect. 2. The board shall take cognizance of t];ie interests of —to make sani- health and life among the citizens of this Commonwealth, tfon.'&c^^anl" They shall make sanitary investigations and inquiries in respect pport to legia- to the people, the causes of disease, and especially of epidemics ' and the sources of mortality and the effects of localities, em- ployments, conditions and circumstances, on the public health ; and they shall gather such information in respect to those mat- ters as they may deem proper, for diffusion among the people. 78 Abstract of Criminal Laws. — ^to meet once in three months and serve with- out compensa- tion. — ^to examine into and report upon the effect of liquor as a beverage. Secretary of board, his du- ties, compensa- tion, &c. ' They shall advise the goyemmeiit in regard to the location of any puhlio institutions. They shall, in the month of January, make report to the legislature of their doings, investigations and discoveries during the year ending December thirty-first, with such suggestions as to legislative action as they may deem necessary. Sect. 3. The board shall meet at the state house once in three months, and as much oftener as they may deem expedient. No member except the secretary shall receive any compensation, but the actual personal expenses of any member while engaged in the duties of the board shall be allowed and paid. Sect. 4. It shall be the duty of the board, and they are hereby instructed, to examine into and report what, in their best judgment, is the effect of the use of intoxicating liquor, as a beverage, upon the industry, prosperity, happiness, health and lives of the citizens of the state. .Also, what additional legisla- tion, if any, is necessary in the premises. Sect. 5. The board shall elect a secretary, either from their own number or otherwise ; but when elected he shall be a mem- ber of the board and their executive oflScer. He shall perform and superintend the work prescribed in this law, and such other duties as the board may require. He shall receive from the treasury, in quarterly payments, an annual salary of twenty-five hundred dollars and his necessary travelling expenses incurred in the performance of official duties, after they have been audited by the board and approved by the governor and council, and all other necessary expenses arising in his office shall be paid out of the treasury in the same manner as those of the difierent depart- ments of the government. Sect. 6. This act shall take effect upon its passage. Approved June 21, 1869. FELONIES, ACCESSORIES, ABETTORS, ETC. Felony. Indictments, &c., for, not to be quashed, &c. [Chapter 168, General Statutes.] OV FELONIES, ACCESSOKEES, ABETTOES, AND ATTEMPTS TO COMMIT CRIMES. Sect. 1. Any crime punishable by death or imprisonment in the state prison is a felony ; and no other crime shall be so considered. Sect. 2. It shall not be necessary to allege tn any indict- ment or complaiut that the ofience charged is a felony, or fel- onious, or done feloniously ; nor shall any indictment or com- Felonies, Accessories, etc. 79 plaint be quashed or deemed invalid by reason of the omission of the words " felony," " felonious," or " feloniously." Sbct. 3. Whoever aids in the commission of a felony, or is Persons a«ces- accesssory thereto before the fact, by counselling, hiring, or facf punished otherwise procuring, such felony to be committed, shall be pun- as principals, ished in the manner prescribed for the punishment of the prin- cipal felon. Sect. 4. Whoever counsels, hires, or otherwise jjrocures, a Accessories te- felony to be committed, may be indicted and convicted as an and how'tried. accessory before the fact, either with the principal felon, or after his conviction ; or may be indicted and convicted of a substan- tive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice ; and in the last- mentioned case may be punished in the same manner as if con- victed of being an accessory before the feet. Sect. 5. A person charged with the offence mentioned in where to be the preceding section may be indicted, tried, and punished, in ^ ' the same court and county where the principal felon might be indicted and tried, although the offence of counselling, hiring, or procuring, the commission of such felony is committed on the high seas, or on land either within or without the limits of this state. Sect. 6. Whoever, not standing in the relation of husband Accessories or wife, parent or grandparent, child or gi-andchild, brother or ^^^ ^*' '"^° sister, by consanguinity or affinity, to the offender, after the deemed, commission of the felony, harbors, conceals, maintains, or assists, the principal felon or accessory before the fact, or. gives such offender any other aid, knowiag that he has committed a felony, or been accessory thereto before the fact, with intent that he shall avoid or escape detection, arrest, trial, or punishment, shall be deemed an accessory after the fact, and be punished by im- prisonment in the state prison not exceeding seven years, or in the jail nqt exceeding three years, or by fine not exceeding one thousand dollars. Sect. 7. Whoever becomes an accessory to a felony after the How, when fact may be indicted, convicted, and punished, (whether the trfedT''"*' principal felon has or has not been previously convicted, or is or is not amenable to justice,) by any court having jurisdiction to try the principal felon, and either in the county where such per- son became an accessory, or in the county where the principal felony was committed. Sect. 8. Whoever attempts to commit an offence prohibited Attempts to by law, and in such attempt does any act towards the commis- Ses'. ° ' sion of such offence, but fails in the perpetration, or is inter- cepted or prevented in the execution, of the same, where no express provision is made by law for the punishment of such attempt, shall be punished as follows : — First. If the offence attempted to be be committed is punish- able with death, the person convicted of such attempt shall be 80 Abstract of Criminal Laws. punished by imprisonment in &e state prison not exceeding ten years. Second. If the offence so attempted to be committed is pun- ishable by imprisonment in the state prison for life, or for five years or more, the person convicted of such attempt shall be punished by imprisonment in the state prison not exceeding five years, or in the jail not exceeding one year. Third. If the offence attempted to be committed is punish- able by imprisonment in the state prison for a term less than five years, or by imprisonment ia the jaU, or by fine, the offender convicted of such attempt shall be punished by imprisonment in the jail not exceeding' one year, or by fine not exceeding three hundred doUarg ; but in no case shall the punishment by in* prispnment exceed one-half of the greatest punishment which might have been inflicted Lf the offence attempted had been, committed. OFFENCES AGAINST CHASTITY, MORALITY, AND DECENCY. [Chapter 165, General Statutes.] OF OFFENCES AGAINST CHASTITY, MOKALITT, AND DECEWCT. Abduction of an Sect. 1. "Whoever fraudulently and deceitfully entices or femS"m?der t^^es away an unmarried female under the age of sixteen years, sixteen for the from her father's house or wherever else she maybe found, with- mamlge^ Out the consent of the parent, guardian, or master, if any, under whose care and custody she is living, for the purpose of effect* ing a clandestine marriage of such female without such consent, shall be punished by imprisonment in the sta:te prison not ex- ceeding one year, or by fine not exceeding one thousand dollars, or by both fine and imprisonment in the jail. Of unmarried Sect. 4. Whoever fraudulently and deceitfully entices or forlthe purpose t^'^es away an unmarried woman, of a chaste life and conversa- of prostfiutton. tion, from her father's house, or wherever else she may be found, for the purpose of prostitution at a house of ill-fame, assigna- tion, or elsewhere, and whoever aids and assists La such abduc- tion for such purpose, shall be punished by imprisonment in the state prison not exceeding three years, or in the common jail not exceeding one year, or by fine not exceeding one thousand Limitation, doUars, ■ or by both fine and imprisonment in tlie jail. But no prosecution shall be commenced after two years from the com- mission of the offence. Adultery. Sect. 3. Whoever commits adultery shall be punished by imprisonment in the state prison not exceeding three years, or Chastity, Morality, etc. 81 in the jail not exceeding two years ; or by fine not exceeding five hundred dollars ; and when the crime is committed between a married woman and a man who is unmarried, the man shall be deemed guilty of adultery. Sect. 4. Whoever, having a former husband or wife living, polygamy, marries another person, or continues to cohabit with such second husband or wife in this state, shall (except in the cases men- tioned in the following section) be deemed guUty of polygamy, and be punished by imprisonment in the state prison not exceed- ing five years, or in the jail not exceeding three years, or by fine not exceeding five hundred dollars. Sect. 5. The provision of the preceding section shall not Excepted extend to any person whose husband or wife has been continu- '^°^*' ally remaining beyond sea, or has voluntarily withdrawn from the other, and remained absent for the space of seven years to- gether, the party marrying again not knowing the other to be living within that time, nor to any person legally divorced from the bonds of matrimony, and not the gifity cause of such divorce. Sect. 6. If any man and woman, not being married to each Lewd and las- other, lewdly and lasciviously associate and cohabit together, or tition' and"^'' if- any man or woman, married or unmarried, is guilty of open open and gross and gross lewdness and lascivious behavior, every suet person ^^'^^°^^'- shall be punished by imprisonment in the state prison not ex- ceeding three years, or in the jail not exceeding two years, or by fine not exceeding three hundred dollars. Sect. 7. Persons within the degrees of consanguinity within incest. which marriages ,are prohibited or declared by law to be in- cestuous and void, who intermarry, or commit adultery or for- nication with each other, shall be punished by imprisonment in the state prison not exceeding twenty years, or in the jail not exceeding three years. Sect. 8. If a man commits fornication with a single woman, Fornication, each of thein shall be punished by imprisonment in the jail not exceeding three months, or by fine not exceeding thirty dollars. Sect. 9. Whoever, with intent to procure miscarriage of any unlawful at- woman, unlawfully administers to her, or advises or prescribes *!,™P'^' S,t=' *°' ' ■'i 111 • T T" procure miS" lor her, or causes to be taken by her, any poison, drug, medicme, carriage. or other noxious thing, or unlawfully uses any instrument or other means whatever with like intent, or with like intent aids or assists therein, shall, if the woman dies in consequence there- of, be imprisoned in the state prison not exceeding twenty, nor less than five years, and if the woman does not die in conse- quence thereof, shall be punished by imprisonment in the state prison not exceeding seven years, nor less than one year,, and by fine not exceeding two thousand dollars. Sect. 10. Whoever knowingly advertises, prints, publishes. Advertising, distributes, or circulates, or knowingly causes to be advertised, ^l\' "f m°eaia printed, published, distributed, or circulated, any pamphlet, to procure printed paper, book, newspaper, notice, advertisement, or refer- " " ""'" H 82 Abstract of Criminal- haws. Concealment by mother of death of bastard child. Offence may be inserted in in- dictment for murder. Keeping house of ill-fame. Lease of house so kept} Toid at option oflessor. Imparting, sell- ing, receiving, &c., obscene books or prints, &c. Police court, &c., may issue search warrant for such books, 4&C., and cause to be destroyed. ence, containing words or language giving or conveying any notice, hint, or reference, to any person, or to the name of any person, real or fictitious, from ■whom, or to any place, house, shop, or office, where, any poison, drug, mixture, preparation, medicine, or noxious thing, or any instrument or means what- ever, or any advice, direction, information, or knowledge, may be obtained for the pui-pose of causing or procuring ti&e mis- caniage of any woman pregnant with child, shall be punished by imprisonment in the state prison or jail not exceeding three years, or by fine not exceeding one thousand dollars. Sect. 11. If a woman conceals the death of any issue of her body, which, if bom alive, would be a bastard, so that it may not be known whether such issue was bom alive or not, or whether it was not murdered, she shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the jail not exceeding one year. Sect. 12, Any woman indicted for the murder of her infant bastard child, may also be charged in the same indictment with the ofience described in the preceding section ; and if on the trial the jury acquit her of the charge of murder, they may find her guilty of the concealment. "Sect. 13. Whoever keeps a house of ill-fame, resorted to for the purpose of prostitution or lewdness, shall be punished by imprisonment in the jail not exceeding two years. Sect. 14. When the lessee of a dwelling-house is convicted of the ofience mentioned in the preceding section, the lease or contract for letting the house shall, at the option of the lessor, become void; and the lessor shaU have the like remedy to recover the possession as against a tenant holding over after the expiration of his term. Sect. 15. * Whoever imports, prints, publishes, sells, or dis- tributes, any book, pamphlet, ballad, printed paper, or other thing, containing obscene language, or any obscene prints, pic- tures, figures, or descriptions, manifestly tending to the corrup- tion of the morals of youth ; or introduces into any family, school, or place of education, or buys, procures, receives, or has in his possession, any such book, pamphlet, ballad, printed paper, or other thing, either for the purpose of sale, exhibition, loan, or circulation, or with intent to introduce the same into any family, school, or place of education : shall be punished by imprisonment in the state prison not exceeding five years, or by imprisonment in the jail not exceeding two years, and fine not exceeding one thousand dollars. Sect. 16. Any police court or justice of the peace may issue a warrant for the purpose of searching for any obscene books, pamphlets, ballads, printed papers, or other things, mentioned in the preceding section, in the manner provided in chapter one * Provision for search warrant to search for obscene prints, etc., may be found in «hapter 170, General Statutes, section 2, under heading of " Search Warrants." Chastity, Morality, etc. 83 hundred and seventy ; and all such things found by an officer in executing a search warrant, or produced or brought into court, shall be safely kept so long as is necessary for the purpose of being used as evidence in any case, and as soon as may be afterwards shall be destroyed by order of the court before whom the same is brought. Sect. 17. When a person is convicted under either of the Half of flneto two preceding sections, and sentenced to pay a fine, there shall proSutor. be paid to the person who informed and prosecuted such ofiender to conviction, one-half of the amount of the fine, actually paid by such convict. Sect. 18. Whoever commits the abominable and detestable crime against crime against nature, either with mankind, or with any beast, "**""'"'• shall be punished by imprisonment in the state prison not ex- ceeding twenty years. Sect. 19. Whoever wilfully blasphemes the holy name of Blasphemy. God, by denying, cursing, or contumeliously reproaching God, his creation, government, or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ, or the Holy Ghost, or by cursing or contumeliously reproaching the holy word of God, contained in the holy scriptures, or exposing them to contempt and ridicule, shall be punished by imprisonment in the state prison not exceeding two years, or in the jail not ex- ceeding one year, or by fine not exceeding three hundred dollars, and may also be bound to good behavior. Sect. 20. Whoever, having an-ived at the age of discretion. Profane cursing profanely curses or swears, shall, on conviction before any justice "''"^ swearing, of the peace or police court, be punished by fine not exceeding five dollars nor less than one dollar ; but no prosecution shall be commenced after twenty days from the commission of the ofience. Sect. 21. Whoever wilfuUy interrupts or disturbs any as- Disturbing sembly of people met for the worship of God shall be punished g^^""^ '"°^' by imprisonment in the jaU not exceeding thirty days, or by fine not exceeding fifty dollars. Sect. 22. Whoever, during the time of holding any camp or Gaming, &c., field meeting for reUgious purposes, and within one mile of the pia^ of feid "' place of holding such meetings hawks or peddles goods, wares, meeting for merchandise, or, without permission from the authorities having posS?''' ^"'' charge of such meeting, establishes any tent or booth, for vend- ing provisions or refreshments, or practises or engages in gaming or horse-racing, or exhibits or ofiers to exhibit, shows or plays, shaU forfeit for each ofience a sum not exceeding twenty dollars : provided, that a person having his regular and usual place of business within such limits, is not hereby required to suspend his business. Sect. 23. ^Whoever wilfully interrupts or disturbs any Disturbance of school or other assembly of people met for a lawful purpose, shall public meet- ■ be punished by imprisonment in the jail not exceeding thirty ">g8. days, or by fine not exceeding fifty doDars. 84 Abstract of Criminal Laws, Of funerals. Drunkenness. Second coutIc tion. In the city of Boston. Kognes, vaga- bonds, &c. May be pun- ished and sen- tenced condi- tionally. Sect. 24. Whoever wilfully interi-upts, or by fast driving or otherwise in any way disturbs, a funeral assembly or procession, shall be punished by imprisonment in the jail not exceeding thirty days, or by fine not exceeding fifty dollars. Sect. 25. Whoever is guilty of drunkenness by the voluntary use of intoxicating liquor shall for the first oiFence be punished by fine "not exceeding five dollars, and for any like ofience com- mitted after the first conviction, by fine not exceeding ten dollars, or by imprisonment in the house of correction not exceeding three months ; but no prosecution shall be commenced after six months from the commission of the offence. Sect. 26. Whoever has become liable to imprisonment in the house of correction upon a second conviction for the crime of drunkenness, may be committed to the workhouse, if any, in the town or city where the offence was committed, instead of the house of correction. Sect. 27. A person convicted of the crime of drunkenness in the city of Boston, may be committed, in case of non-payment of the fine, to the house of industry instead of the jail or house of correction. The term of imprisonment and the manner of pardon and discharge shall in all respects be the same as are provided in cases where such persons are held in prison in the county of Suffolk for non-payment of fine and costs. Sect. 28. Rogues and vagabonds, idle and dissolute persons who go about begging, persons who use any juggling or unlaw- ful games or plays, common pipers and fiddlers, stubborn children, runaways, common drunkards, common night-walkers, pilferers, lewd, wanton, and lascivious persons in speech or behavior, com- mon railers and brawlers, persons who neglect their calling or employment, misspend what they earn and do not provide for themselves or for the support of their families, and all other idle and disorderly persons, including therein those persons who neg- lect all lawful business and habitually misspend their time by frequenting houses of ill-fame, gaming houses or tippling shops, may, upon conviction, be committed, for a term not exceeding six months, to the house of correction, or to the house of industry or workhouse within the city or town where the conviction is had, or to the workhouse, if any there is, in the city or town in which the offender has a legal settlement, if such town is within the county. Sect. 29. When a person is convicted, by a justice of the peace or police court, of any offence mentioned in the preceding section, he may, instead of the punishment therein mentioned, be punished by fine not exceeding twenty dollars, either with or without a condition that if the same with the costs of prosecu- tion is not paid within a time specified, he shall be committed to the house of correction, house of industry, or workhouse, as is provided in the preceding section ; which conditional sentence shall be carried into execution according to the provisions of section seven of chapter one hundred and seventy-four. Chastity, Morality, etc. 85 Sect. 30. The master, keeper, director, or overseer, of a MMterof house house of industry or workhouse to which any person is committed to receive'per-'' under the two preceding sections, shall receive all persons so ^°J^^""""" committed, set them to work if they are able, and employ and govern them in the manner required by law and prescribed by the rules and orders established for that purpose ; and the city or town in which such house is situated may recover the balance of the expense of the support of any such person over and above the amount of his labor, from the party thus sentenced, or from any kindred, town, or city, liable by law for his support, if he is a pauper, in like manner as if he had been committed to the house of correction for the same offence. Sect. 31. If any person convicted under the provisions of Party oommit- section twenty-eight appeals from the sentence, the commission unfe?^eotton of any like offence by him before judgment on the appeal, shall twenty-eight be deemed a breach of the condition of the recognizance, if any " "'^^'^ was taken upon allowing the appeal. Sect. 32. When a person is brought before a magistrate upon Eespondent a charge of any offence mentioned in section twenty-eight, such rtSrgedra're- magistrate, or the court before which the cause may be carried cognizance, by appeal, may in any stage of the proceedings direct the respon- p^^^s costs. dent or appellant to be discharged, upon his entering into a recog- nizance with sufficient sureties, in such sum as the magistrate or court directs, for his good behavior for a term not less than six months nor exceeding two years, and paying the costs of prose- cution or such part thereof as the magistrate or court shall direct. Sect. 33. A person found in a street, highway, or other Disorderly per- public place, in the night time, committing any of the offences S^gS'tS. or disorders before mentioned, may be apprehended by any sheriff, deputy-sherifi| constable, or watchman, or by any other person by the order of any magistrate or either of said officers, without a written warrant, and kept in custody in a convenient place, not more than twenty-four hours, Sundays excepted ; at or before the expiration of which time, he shall be brought before a justice of the peace or police court, and proceeded against in the manner directed in the preceding section, or discharged, as such magistrate shall determine. Sect. 84. If 'a person discharged under the provisions of conviction of section seventeen of chapter one hundred and seventy-eight,* ^srfte? dis^**" is afterwards convicted of any offence mentioned in section charge on form- twenty-eight, committed after the former conviction, either in the same or a different county, he may be sentenced by the magistrate or court before whom the second conviction is had, to hard labor in the house of correction, house of industry, or workhouse, for a term not exceeding one year. Sect. 35. When a person is convicted as a common night- Night-waiMng, walker, audit is alleged in the complaint, and proved at the tiUn^ ''°''™' trial, that the defendant has been previously twice convicted of * Provides that overseers or 4i''ectors of house of correction, etc., may discharge certain persons confined tvho have reformed or are willing to return to an orderly life. 86 Abstract of Criminal Laws. Sheriff, &c., taking a dead body. Violation of sepulture. Buying or liar- ing dead body for the purpose of sale, &c. Injuring or de- facing tombs, memorials of the dead, &c. Making roads, canals, &c., through burial grounds. Cruelty to ani- mals. the same offence, such person may be sentenced to the house of correction, house of industry, or workhouse, if any such is es- tablished in the town or city, for a term not exceeding five years. Sect. 36. If a sheriff^ deputy-sherii^ coroner, or constable takes the body of any deceased person on mesne process or ex- ecution, he shall be punished by fine not exceeding five hundred dollars, or imprisonment in the jaU not exceeding six months. Sect. 37. Whoever, not being authorized by the board of health, overseers of the poor, directors of a workhouse, se- lectmen, or mayor and aldermen of any city or town, by the board of directors for public institutions, or overseers of the poor of the city of Boston, wilfully digs up, disinters, removes, or conveys away any human body or the remains thereof, or knowingly aids in such disinterment, removal or carrring away, and whoever is accessory thereto, either before or after the fact, shall be punished by imprisonment in the state prison not ex- ceeding one year, or in the jail not exceeding two years, or by fine not exceeding two thousand dollars. Sect. 38. Whoever buys, sells or has in his possession for the purpose of buying or selling or trafficking in the dead body of any human being, shall be punished by fine not less than fifty nor exceeding five hundred dollars, or by imprison- ment in the jail not less than three months, nor exceeding three years. Sect. 39. Whoever wilfully destroys, mutilates, defaces or reriioves any tomb, monument, gravestone, or other structure or thing, placed or designed for a memorial of the dead, or any fence, raihng, curb or other thing intended for the protection or oraament of any tomb, monument, gravestone, or other struc- ture before mentioned, or of any enclosure for the burial of the dead, or wiLfuUy destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant placed or being within any such enclosure, or wantonly or maliciously disturbs the contents of a tomb or grave, shall be punished by fine not exceeding five hundred dollars nor less than ten dollars, or by imprisonment in the jail not exceeding one year. Sect. 40. Whoever lays out, opens or makes a highway or town way, or constructs a railroad, turnpike or canal, or any other thing in the nature of a public easement, over, through, in, or upon any part of such enclosure, being the property of a city, town, parish, religious society, or of private proprietors, used or appropriated for the burial of the dead, unless an au- thority for that purpose is specially granted by law, or unless the consent of such city, town, parish, religious society or pro- prietors respectively is first obtained, shall be punished by fine not exceeding two thousand dollars, or by imprisonment in the jaU not exceeding one year. Sect. 41. Whoever cruelly beats or torments any horse, ox or other animal, whether belonging to himself or another, shall Chastity, Morality, et<^. 87 be punished by imprisonment in the jail not exceeding one gJ^1*J'|,^- year, or by fine not exceeding one hundred dollars. Acts of isss. Note. — Chapter 189, Acta of 1862, amends section 28 of above chapter, provid- ing how certain reformed convicts may be discharged. Chapter 258, Acts 1864, pro- vides that those convicted of drunkenness and being common drunkards, in Boston, and sentenced to imprisonment, shall be sent to House of Industry in Boston. [Chap. 168, Acta of 1862.] An Act concerning Offences against Chastity, MoraUty and Decency. Sect. 1. Whoever imports, prints, publishes, sells or dis- Penalty for im- tributes any book, pamphlet, ballad, printed paper, or other fng''or^circuJat- thing containing obscene, indecent or impure language, or any ing impure obscene, indecent or impure prints, pictures, figures or descrip- a^re.^""' "' tions, manifestly tending to the corruption of the morals of youth ; or introduces into any family, school or place of educa- tion ; or buys, procureg, receives, or has in his possession any such book, pamphlet, ballad, printed paper or other thing, either for the purpose of sale, exhibition, loan or circulation, or with intent to introduce the same into any family, school or place of education, shall be punished by imprisonment in the state prison not exceeding five years, or by imprisonment in the jail not ex- ceeding two years, and fine not exceeding one thousand dollars, nor less than one hundred dollars. Sect. 2. Any police court or justice of the peace may issue warrants for a warrant for the purpose of searching for any obscene, indecent court'or'°ustice or impure books, pamphlets, ballads, printed papers, or other may issue, things mentioned in the preceding section, in the manner pro- vided in chapter one hundred and seventy of the General Stat- utes ; and all such things found by an officer in executing a Articles found search warrant, or produced or brought into court, shall be ^^ destroyed safely kept so long as is necessary for the purpose of being used dence.- as evidence in any ease, and as soon as may be afterwards, shall be destroyed by order of the court before whom the same is brought. Sect. 3. When a person is convicted under either of the informer enti- two preceding sections and sentenced to pay a fine, there shall of g*" paid'"''^ be paid to the person who informed and prosecuted such offender to conviction, one-half of the fine actually paid by such offender. Sect. 4. The second section of the one hundred and seven- General stat- tieth chapter of the General Statutes is hereby so far amended ^^l^ *• i''". that all the provisions relating to search for and seizure of books, ed, extending pamphlets, ballads, printed papers or other things containing eeaJch and*""^ obscene prints, pictures, figures or descriptions, manifestly tend- seizure. ing to the corruption of the morals of youth, shall also apply to the search for and seizure of the type, forms, press, wood-cuts and all the material and the mechanical apparatus used and em- 88 Abstract of Criminal Laws. Articles and material seized and adjudged forfeit, to be sold or de- stroyed. Claimant may appear in pro- ceeding. ployed in the printing and publishing of the books, pamphlets, ballads, printed papers or other things mentioned in such sec- tion; and to all books, pamphlets, ballads, printed papers or other things containing indecent or impure language, or in- decent or impure pictures, figures or descriptions, manifestly tending to the corruption of the morals of youth, and the type, forms, press, wood-cuts and all the material and the mechanical apparatus used and employed in the printing and publishing of such books, pamphlets, ballads, printed papers, or other things containing indecent or impure language or indecent or impure prints, pictures or descriptions. Sect. 5. After the seizure of any type, forms, press, ■wood- cuts and the material and the mechanical apparatus, as provided in the preceding section, application shall be made to the court competent to try the offence, in the commission of which the said type, forms, press, wood-cuts, material or mechanical appar- atus, or any part thereof, may be alleged to have been used or in any way employed, for a decree of condemnation of the same ; and if upon the hearing of said application it shall be found and adjudged that the same or any part thereof has been used for the unlawful purpose alleged, the same shall be ad- judged forfeit, and the sheriff shall sell the same or so much thereof as the court shall order, any pay the proceeds of such sale to the use of the county, and the remainder thereof shall be burned or otherwise destroyed under direction of the court or magistrate. . The claimant shall be allowed to appear in the proceeding,' upon any such application. Any of said articles not found to have been unlawfully used shall be delivered to the lawful owner of the same. \_Approved April 29, 1862. BILLIARD TABLES AND BOWLING ALLEYS. Selectmen, &c., may grant li- censes to keep billiard tables, &c., for bire, &c. Penalty for keeping tables, &c., witbqut license. [Chapter 88, General Statutes.] BILLIAED TABLES AND BOWLING ALLEYS. Sect. 69. The mayor and aldermen or selectmen of any city or town may grant a license to any person to keep a billiard table or bowling alley for hire, gain, or reward, upon such terms and conditions as they may deem proper, to be used for amuse- ment merely, but not for the purpose of gaming for money or other property. Such license may be revoked at the pleasure of the authority granting it. Sect. 70. Whoever, without such license, keeps or suffers to be kept in a house, building, yard or dependency thereof, by him actually occupied or owned, a table for the purpose of play- Fighting Birds and Animals. 89 ing at billiards, or a bowling alley for the purpose of playing at bowls, for hire, gain or reward, or for hire, gain or reward suffers any person to resort to the same for such pui-pose, shall forfeit for every such offence a sum not exceeding one hundred dollars. Sect. 71. The keeper of a billiard room or table or' bowling For admitting alley, who admits a minor thereto without the written consent ^OTdsinb'rack- of his parent or guardian, [or who suffers any person to play at gs the same after six o'clock in the afternoon on Saturday, or after ciiapter237'act8 ten o'clock in the afternoon of any other day,] shall forfeit ten "^ ^''^• dollars for the first and twenty dollars for each subsequent offence. Sect. 72, . Any marshal or his deputy, sheriff or his deputy, officers may constable, police officer or watchman may at any time enter into ^Jms*'™" to a billiard room, bowling alley, or other room connected there- enforce laws. with, for the purpose of enforcing any law of the state ; and whoever obstructs or hinders the entrance of such officer shall be punished by fine not less than five nor more than twenty dollars. Sect. 73. The provisions of section thirty-two shall apply Penalty for to the erection, occupancy or use of buildings for bowling alleys bowiinf'aiiey. in any city or town. [Chapter 237, Acts of 1866.] As Act concerning Billiard Rooms and Bowling Alleys. Sect. 1. So much of the seventy-first section of chapter eighty-eight of the General Statutes as relates to the hours of closing billiard and bowling rooms is hereby repealed : provided, that nothing herein contained shall abridge the powers of boards of aldermen and selectmen in granting licienses. Sect. 2. This act shall take effect upon its passage. [_Ap- proved May 15, 1866. EXHIBITING FIGHTING BIRDS AND ANIMALS. [Chapter 88, General Statutes.] EXHIBITING FIGHTING BmDS AND ANIMALS. Sect. 79. "Whoever establishes or promotes an exhibition of Penalty for ex- the fighting of birds or animals, shall be punished by fine not i^g'blrlf ^ao" exceeding one hundred dollars, or by imprisonment in the house of correction not exceeding six months. Whoever. is present at or aids in or contributes to such an exhibition shall be punished by fine not exceeding ten dollars. 12 90 Abstract of Criminal Laws. Persons present at exhibition of [Chapter 435, Acts of 1869.] An- Act to suppress Exhibitions of the Fighting of Birds and Animals. Sect. .1. Any officer authorized to serve criminal process, fighting of birds may enter any place, buildmg or tenement where there is an &x.- belnSted™*^ hibition of the fighting of birds or animals, or where prepara- withoutwar- tions are being made for such an exhibition, and without a ^^*" warrant, arrest all persons there present, and take possession of the birds and animals engaged in fighting, and of all birds and animals there found and intended to be used or engaged in fighting ; such persons shall be kept in custody in jail or other convenient place not more than twenty-four hours, ^Sundays and legal holidays excepted ; at or before the expiration of which time such persons shall be brought before a justice of the peace, police or municipal court, and proceeded against according to law. mais^obefor- Sect. 2. After the Seizure of any birds or animals, as pro- feited and sold, vided in the preceding section, application shall be made to a trial justice, police or municipal court for a decree of forfeiture of the same ; and if upon- the hearing of such application it shall be found and adjudged that the same at the time of said seizure were engaged in fighting at an exhibition thereof, or were owned, possessed or kept by any person with the intent that the same shall be so engaged, they shall be adjudged forfeit, and any officer authorized to serve criminal process shall sell the same in such manner as the court or justice shall order, and pay the proceeds of such sale to the use of the county. Should it be found and adjudged that such birds or animals are of no use or value, the same shall be let at large or otherwise disposed of as the court or justice may direct. The claimant shall be allowed to appear in the proceeding upon any such application. Any of such birds or animals not adjudged forfeit shall be delivered to the owner thereof. Sect. 3. Any claimant aggrieved by any decree of such court or justice, may, within twenty-four hours after the entry of such decree, and before execution thereof, appeal therefrom to the superior court then next to be held in the county. Sect. 4. The necessary expenses incurred in the care and disposing of such birds or animals may be allowed and paid in the same m.anner that costs in criminal prosecutions are paid. Sect. 5. Whoever owns, possesses, keeps or trains any bird or animal, with the intent that such bird or animal shall be en- gaged in an exhibition of fighting, shall be punished by fine not exceeding fifty dollars. Sect. 6, Whoever is present at any place, building or tene- ment where preparations are being made for an exhibition of the fighting of birds or animals, with intent to be present at such exhibition, or is present at such exhibition, shall be punished by fine not exceeding ten dollars. \_Apprmed June 22, 1869. Claimant ag- grieved may appeal within 24 hours. Expenses in care of birds, &c., may be paid. Penalty for training birds or animals. Penalty for be. Ing present at exhibition. Sentence of Criminals. 91 SENTENCE OF CRIMINALS. [Chapter 280, Acts of 1886.] An Act in regard to the Sentence ■ of Criminals. • Sect. 1. When it is provided by law that an offender shall Punishment be punished by a fine and imprisonment in the jail, or by fine ofider proves and imprisonment in the house of correction, such offender may, he has not be- at the discretion of the court, be sentenced to be punished by ^ote/of stai- such imprisonment without the fine, or by such fine without the i" offence, imprisonment, in all cases where the offender shall prove or show to the satisfaction of the court that he has not before been con- victed of a similar offence. Sect. 2. The supreme judicial court, or superior court, courts may holden in any county in the Commonwealth, may commit any i^^^of"^^. person under sentence to the house of correction in any county reotion in any in the Commonwealth, in the same manner as such person might St"!'^ °^ ""^ be committed in the county where the court is so holden. And the master of the house of correction where such person shall be so ordered to be committed, shall receive and detain such person in the same manner as if committed by the court sitting in the county where said house of correction is situated. And County from there shall be paid to the county in which said house of correc- S gentenced^ to tion is situated, by the county fi-om which such person is sen- P^y l"PP""*J°,^ tenced, for the support of such person, such sum as shall be he is confined, agi-eed upon by the county commissioners of said counties ; and in case such commissioners shall not be able to agree upon the amount to be paid, representation of the facts may be made to the superior court sitting in either of said counties, and the amount to be paid shall be determined by said court. Sect. 3. Whoever is convicted of any offence set forth in amendment the eighty-seventh chapter of the General Statutes, shall be of the''Generai punished by a fine of not less than fifty dollars nor more than statutes, one hundred dollars, and imprisoned in the house of correction not less than three nor more than twelve months, except as is provided in the first section of this act. Sect. 4. All acts and parts of acts inconsistent with this act are hereby repealed. Sect. 5. This act shall take effect upon its passage. [-4p- proved May 29, 1866, [Chapter 260, Acts of 1866.] An Act in relation to Evidence in Criminal Prosecutions. In the trial of all indictments, complaints and other proceed- Person ings against persons charged with the commission of crimes or cSf mw'be s 92 Abstract of Criminal Laws. witness in Us offences, the person bo charged shall, at his own request, but "^^ ^ ■ not othei-wise, be deemed a competent witness, nor shall the neglect or refiisal to testify create any presumption against the defendant. lA^)proved May 26, 1866. SEARCH WARRANTS. Search war- rants for prop- erty stolen, &c. Search war- rants in other cases. For counterfeit coin, notes, &c. For obscene books and prints. For lottery tick- ets, &c. For gaming ap- paratus, &c. Amended. See chapter 361 acts of 1869. To whom di- rected; when and how exe- cuted. [Chapter 170, General Statutes.] SBAECH WABKANTS. Sect. 1. When complaint is made on oath to any magistrate authorized to issue warrants in criminal cases, that personal property has been stolen, embezzled, or obtained by false tokens or pretences, and that the complainant believes tliat it is concealed in any particular house or place, the magistrate, if he is satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property. Sect. 2. Any such magistrate may also, upon like complaint made on oath, issue search warrants when satisfied that there is reasonable cause, in the following cases, to wit : — First. To search for and seize counterfeit or spurious coin, forged bank notes and other forged instruments, or tools, machines or materials, prepared or provided for making either of them. Second. To search for and seize books, pamphlets, ballads, printed papers or other things containing obscene language, or obscene prints, pictures, figures or descriptions manifestly tend- ing to corrupt the morals of youth, and intended to be sold, loaned, circulated or distributed, or to be introduced into any family, school or place of education. Third. To search for and seize lottery tickets or materials for a lottery, unlawfully made, provided or procured, for the purpose of drawing a lottery. Fourth. To search for and seize gaming apparatus or imple- ments used, or kept and provided to be used, in unlawful gaming, in any gaming-house or in any building, apartment or place resorted to for the purpose of unlawful gaming.* Sect. 3. All search warrant? shall be directed to the sheriff of the county or his deputy, or to any of the constables of a city or town, commanding such officer to search, in the day- time, the house or place where the stolen property or other things for which he is required to search are believed to be concealed, (which place and property, or things to be searched * All the furniture, fixtures and personal property found as above shall be seized. Search Warrants. 93 for, shall be designated and described in the -wan-ant,) and to bring such stolen property or other things, when found, and the persons in whose possession they are found, before the magis- trate who issued the warrant, or some other ma^strate or court having cognizance of the case. Sect. 4. If there is satisfactory evidence that any property search in the stolen, embezzled or obtained by false tokens or pretences, or ^fen Stowed, that any of the other things for which a search warrant may be issued by the provisions of this chapter, are concealed, kept, prepared or used, in a particular house or place, a warrant may be issued by two magistrates, or by a poUce court, to authorize the searching of such house or place by a public officer, in the night time, and to bring the property or things described in the warrant, if found, and the persons in whose possession they are found, before either of the magistrates who issued the warrant, or some other magistrate or court having cognizance of the case. Sect. 5. When an officer in the execution of a search war- Property seized rant finds stolen or embezzled property, or seizes any of the CT^Lnce'^Md"' other things for which a search is allowed by the provisions of then restored this chapter, all the property and things so seized shall be safely stroyedT ""^ kept by the direction of the court or magistrate, so long as necessary for the purpose of being produced or used as evidence on any trial. As soon as may be afterwards, all such stolen and embezzled property shall be restored to the owner thereof, and all the other things seized by virtue of such warrants shall be burnt or otherwise destroyed under the direction of the court or magistrate. [Chapter 127, Acts of 1865.] An Act relating to Personal Property, hired, leased or held as Collateral Security. Sect. 1. Whoever, with intent to defraud, buys, receives, Penalty for act conceals, or aids in concealing, any personal property, hired, arf^ud!^"* '" leased or held as collateral security, knowing the same to be hired, leased or held as aforesaid, Shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the jail not exceedingone year. Sect. 2. When complaint is made to any magistrate author- warrant for ized to issue warrants in criminal cases that personal property, upra'compiSt hired, leased or held as collateral security, has been fraudu- of concealment, lently concealed, and that the complainant believes it is con- cealed in any particular house or place, the magistrate, if he is satisfied that there is reasonable cause for such belief, shall issue a warrant to search for such property. \_Approved April 1, 1865. 94 Abstract of Criminal Laws. LOTTERIES, ETC. Setting up or promoting ille- gal lotteries, gifts, &c. Permitting lot- teries, &o., to be setup, &c., in a house, &c. Selling lottery tickets, shares, &c., or aiding therein. Second convic- tion. [Chapter 167, General Statutes.] OF OFFENCES AGAINST PUBLIC POLICT- Sect. 1. Whoever sets up or promotes any lottery for money ; or by way of lottery e&sposes of any property of value, real or personal ; or under the pretext of a sale, gift or delivery of any other property, or any right, privilege or thing whatever, disposes of, or offers or attempts to dispose of, any real or per- sonal property, with an intent to make the disposal of such real or personal property dependent upon or connected with any chance by lot, dice, numbers, game, hazai'd or other gambling device whereby such chance or device is made an additional inducement to the disposal or sale of said property ; and who- ever aids, either by printing or writing, or is in any way con- cerned in the setting up, managing or drawing of any such lottery, or in such disposal or offer or attempt to dispose of property by any such chance or device, shall for each offence be punished by fine not exceeding two thousand dollars. Sect. 2. Whoever in a house, shop, or building, owned or occupied by him or under his control, knowingly permits the setting up, managing, or drawing, of such lottery, or such dis- posal, or attempt to dispose of property, or the sale of a lottery ticket, or share of a ticket, or any other writing, certificate, bill, token, or other device, purporting or intended to entitle the holder, bearer, or any other person, to a prize, or to a share of or interest in a prize, to be drawn in a lottery, or in such dis- posal of property ; and whoever knowingly suffers money or other property to be raffled for in such house, shop, or building, or to be won there by throwing or using dice, or by any other game of chance ; shall for each offence be punished by fine not exceeding two thousand dollars. Sect. 3. Whoever sells, either for himself or another per- son, or offers for sale, or has in his possession with intent to sell or offer for sale, or to exchange or negotiate, or in any wise aids or assists in the selling, negotiating, or disposing of, a ticket in any such lottery, or a share of a ticket, or any such writing, certificate, bill, token, or other device, or any share or right in such disposal or offer, as is mentioned in section one, shall for each offence be punished by fine not exceeding two thousand dollars. Sect. 4. Whoever, after being convicted of any offence mentioned in either of the preceding sections, commits the like offence, or any other of the offences therein mentioned, shall, Lotteries, etc. 95 in addition to the fine before provided therefor, be punished by imprisonment in the house of coiTection not exceeding one year. Sect. 5, Whoever advertises any lottery ticket, or any share AdvertlBingiot- in such ticket, for sale, either himself or by another person, or sale, sets up or exhibits, or devises or makes for the purpose of being Exhibiting rep- , ., ., J . 1^ , ,f r & resentation of set up or exhibited, any sign, symbol, or emblematic or other lottery, &c. representation, of a lottery or the drawing thereof, in any way indicating where a lottery ticket or a share thereof, or any such Writing, certificate, bill, token, or other device, before mentioned, may be purchased or obtained, or in any way invites or entices, or attempts to invite or entice, any other person to purchase or receive the same, shall for each offence be punished by fine not exceeding one hundred dollars. Sect. 6. Whoever makes or sells, or has in his possession Making or seii- with intent to sell, exchange, or negotiate ; or by printing, writ- "JitioueYot-'' * ing, or otherwise, assists in making or selling, or in attempting t^ry- to sell, exchange, or negotiate a false or fictitious lottery ticket, or any share thereof, or any writing, certificate, bill, token, or other device, before mentioned, or any ticket, or share thereof, in a fictitious or pretended lottery, knowing the same to be false or fictitious ; or receives any money or other thing of value for any such ticket or share of a ticket, writing, certificate, bill, token, or other device, purporting that the owner, bearer, or holder, thereof, shall be entitled to receive any prize, or share of a prize, or any other thing of value, that may be drawn in a lottery, knowing the same to be false or fictitious ; shall for each ofience be punished by imprisonment in the state prison not ex- ceeding three years. Sect. 7. Upon the trial of an indictment for either of the Defendant to offences mentioned in the preceding section, any ticket or share Seslf^c^o™^' of a ticket, or any other writing or thing before mentioned, tickets sold by which the defendant has sold or offered for sale, or for which he ™' has received a valuable consideration, shall be deemed to be false, spurious, or fictitious, unless such defendant proves that the same was true and genuine, duly issued by the authority of some legislature within the United States, that such lottery was existing and undrawn, and that such ticket or share thereof, or other writing or thing before mentioned, was issued by lawful authority, and binding upon the persons who issued the same. Sect. 8. All sums of money and every other valuable thing Prizes, &o., drawn as a prize or as a share of a prize in any lottery, and all sute?^'^ *" ^^^ property disposed of or offered to be disposed of by any chance or device under the pretext mentioned in section one, by any person being an inhabitant or resident within this state, and all sums of money or other things of value received by any such person, by reason of his being the owner or holder of any ticket or share of a ticket in a lottery or pretended lottery, or of a share or right in any such scheme of chance or such device, contrary to the provisions of this chapter, shall be forfeited, and 96 Abstract of Criminal Laws. Bacing, &c., ie- clared unlaw- tal. Penalty. liOcation and regulation of race grounds and trotting parks. Selectmen &c., may alter terms. Unlawful race grounds deemed nuis- ances. Penalty. may be recovered by an information filed, or by an action for money had and received, brought by the attorney-general or any district-attorney or Other prosecuting officer in the name and on behalf of the Commonwealth. Sect. 9. All racing, running, trotting, or pacing, of any horse or other animal ot the horse kind, for a bet or wager of money or other valuable thing, or for a purse or stake, made within this state, is declared to be unlawful ; and all persons en- gaged in such racing, running, trotting, or pacing, for any such bet or wager, purse or stake, and all persons aiding or abetting the same, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the jail not exceeding one year, or by both such fine and imprisonment. Sect. 10. No land within any town or city shall be laid out or used as a race ground or trotting park, for the admission to which of persons or property, any money or other valuable con- sideration shall be directly or indirectly taken or required, with- out the previous consent of and location by the selectmen or mayor and aldermen ; who may regulate and alter the terms and conditions under which the same shall be laid out, used, or con- tinued in use ; and discontinue the same when in their judgment the public good so requires ; and no land shall be used for any of the purposes mentioned in the preceding section. Sect. 11. Every race ground or trotting park established, laid out, used, or continued in use, contrary to the provisions of this chapter, is declared a common nuisance, and sha^l be abated as such ; and all persons owning, keeping, using, or permitting to be used, such race ground or trotting park, or aiding or abet- ting therein, shall be punished in the manner provided in section Promoting lot- teries in State, drawn or man- aged out of State. Selling lottery tickets, or hav- ing in possess- ion with intent to sell. [Chap. 112, Acts of 1869.] Ajt Act concemiag Lotteries, and the Sale of Tickets in Lot- teries without the Commonwealth. Sect. 1. Whoever, in this Commonwealth aids, either by printing or writing, or is in any way concerned in the setting up, promoting, managing or drawing of any lottery for money, set up, promoted, managed or drawn, without this Commonwealth, shall for such offence be punished by a fine not exceeding two thousand dollars. Sect. 2. Whoever, in this Commonwealth, seUs, either for himself or for another person, or offers for sale, or has in his pos- session with intent to seU or offer for sale, or to exchange or negotiate, or in anywise aids or assists in the selling, exchanging or negotiating of a ticket or a share of a ticket in any lottery named in the first section of this act, shall, for each offence, be punished by a fine not exceeding two thousand dollars. • [^Ap- proved March 26, 1869. Vagrants and Vagahonds. 9T VAGRANTS AND VAGABONDS. [Chapter 235, Acts of 1866.] An Act concerning Vagrants and Vagabonds. Sect. 1. All idle persons who, not having visible means of vagrants, who support, live without lawful employment ; all persons wandering *" "^ deemed, abroad and visiting tippling shops or houses of Ul-fame, or lodg- ing in groceries, out-houses, market places, sheds, bams or in the open air, and not giving a good account of themselves ; all persons wandering abroad and begging, or who go about from door to door, or place themselves in the streets, highways, pas- sages or other public places to beg or receive alms, shall be deemed vagrants. Sect. 2. It shall be the duty of sheriffs, constables and To be arrested 1. /v.^ .. .i J. ^ ix. • and taken be- police omcers, actmg on the request oi any person or upon their fore a justice. own information or belief, to arrest and carry such vagrant be- fore a trial justice or police court within the town or district where such vagrant may be, for the purpose of an examination, and shall then and there make a complaint against such vagrant in due form of law. Sect. 3. Whoever shall be convicted upon his own confes- vagrants to be sion, or by other competent evidence, of being a vagrant within Jhehouse^of* the meaning of this act, shall be committed for a term not ex- correction. Deeding six months to the house of correction for the county, or the house of industry or workhouse where the conviction is had. Sect. 4. Any person known to be pickpocket, thief or bur- pickpockets, glar, either by his own confession or otherwise, or by his having abou?™iS^^ been convicted of either of said offences, and having no visible places to be ar- or lawful means of support, when found prowling around any bonds. "^^"^^ steamboat landing, railroad depot, banking institution, broker's office, place of public amusement, auction room, store, shop, crowded thoroughfare, car or omnibus, or at any public gather- ing or assembly in any town or city, shall be deemed a vaga- bond, and shall be taken into custody by any sheriff, deputy shei-if^ constable or police officer ; and the officer making the arrest shall, within twenty-four hours after such arrest, (Sunday and legal holidays excepted,) bring him before some proper court or magistrate in the city, town or county where the arrest was made, and if found guilty of being a vagabond, within the meaning of this act, upon a complaint duly made, shall be com- mitted to the house of correction for the term of not less than four nor more than twelve months. Sect. 5. The provisions of section seventeen of chapter one AppUcation of hundred and seventyncighl^ and of secnon thirty-two of chapter tSraotJ'''^^ *" one hundred and sixty-five of the General Statutes, shall apply to this act. \_Approved May 15, 1866. 13 98 Abstract of Criminal Laws. Eogues, vaga- bonds, &c. —may be pun- ished by fine, and sentenced conditionally. [Chap. 165, General Statutes.] Sect. 28. Rogues and vagabonds, idle and dissolute persons who go about begging, persons who use any juggling or unlaw- ful games or plays, common pipers and fiddlers, stubborn chil- dren, runaways, common drunkards, common night walkers, pilferers, lewd, wanton, and lascivious persons in speech or be- havior, common railers and brawlers, persons who neglect their calling or employment, misspend what they earn and do not provide for themselves or for the support of their families, and aU other idle and disorderly persons, including therein those persons who neglect all lawful business and habitually misspend their time by fi'equentkig houses of ill-fame, gaming houses, or tippling shops, may, upon conviction, be committed, for a term not exceeding six months, to the house of correction, or to the house of industry or workhouse within the city or town where the conviction is had, or to the workhouse, if any there is, in the city or town in which the offender has a legal settlement, if such town is within the county. Sect. 29. When a person is convicted, by a justice of the peace or police court, of any offence mentioned in the preceding section, he may, instead of the punishment therein mentioned, . be punished by fine not exceeding twenty dollars, either with or without a condition that if the same with the costs of prose- cution is not paid within a time specified, he shall be committed to the house of correction, house of industry, or workhouse, as is provided in the preceding section ; which conditional sentence shall be' carried into execution according to the provisions of section seven of chapter one hundred and seventy-four. EMPLOYMENT OF CHILDREN. Certain chil- dren not to be employed in manufactory, unless, &c. Amkkded. See chap. 285 Acts of 1867. [Chapter 42, General Statutes.] OP THE EMPLOYMENT OP CHILDEEN AND EEGTJIATIONS EESPECT- ING THEM. Sect. 1. Children of the age of twelve [ten] years and un- der the age of fifteen years, who have resided in this state for the term of six months, shall not be employed in a manufactur- ing establishment unless within twelve months next preceding the term of such employment they have attended some public or private day school, ujader teachers approved by the school copimittee of the place in which said school was kept, at least one teim of eleven weeks (three months), and unless they shall attend such a school for a Uke period during each twelve months of Employment of Children. 99 such employment. Children under twelve years of age, having resided in this state for a like period, shall not be so employed unless they have attended a like school for the term of eighteen weeks within twelve months next preceding their employment, and a like term during each twelve months of such employment. Sect. 2. The owner, agent or superintendent of a manufac- penalty, turing establishment, who employs a child in violation of the provisions of the preceding section, shall forfeit a sum not ex- ceeding fifty dollars for each oifence, to be recovered by indict- ment, to the use of the public schools in the city or town where such establishment is situated ; and the school committees in the School commit- several cities and towps shall prosecute for all such forfeitures. '® ^g" p™*^' Sect. 3. No child under the age of twelve years shall be children under employed in any manufacturing establishment more than ten i| not to be em- hours in one day ; and the owner, agent or superintendent, who than ten hours knowingly employs such a child for a greater number of hours, peSty. shall forfeit the sum of fifty dollars for each ofience, to the use of the person prosecuting therefor. Sect. 4. Each city and town may [shall] make all needful By-laws re- provisions and arrangements concerning habitual truants, and af teuantef&c" children not attending school, or without any regular and lawful g^^'^^^ai occupation, or growing up in ignorance, between the ages of Acts of 1862. five and sixteen years ; and also all such by-laws respecting such children as shall be deemed most conducive to their welfare and the good order of such city or town ; and there shall be an- Knes. nexed to such by-laws suitable penalties, not exceeding twenty dollars for any one breach : provided, that said by-laws shall be approved by the superior court of the county. Sect. 5. The several cities and towns [availing themselves violations of, of the provisions of the preceding section,] shall appoint at the ^°^ *" *'^, annual meetings of such towns, or annually by the mayor and KSEDby aldermen of such cities, three or more persons, who alone shall ^^^orSmhl^l- be authorized, in case of violation of such by-laws, to make the ets. complaint and carry into execution the judgment thereon. Acts'of'i'sai Sect. 6. A minor convicted under such by-law of being a Minor convict- habitual truant, or of not attending school, or of being without ^4 ™^y ?« "o™- . TIP! J. °... ° mittea, &c. regular and lawiul occupation, or growing up in ignorance, may, at the discretion of the justice or court having jurisdiction of the case, instead of the fine mentioned in section four, be com- mitted to any such institution of instruction, house of reformar tion, or suitable situation provided for the purpose under authority of section four, for such time, not exceeding two years, as such justice or court may determine. Sect. 7. A minor convicted of either of said ofiences and on non-pay- sentenced to pay a fine, may, in default of payment thereof be Say be^commit- committed to such institution of instruction, house of reforma- *^^- tion, or suitable situation provided as aforesaid. And upon How dis- proof that the minor is unable to pay the fine and has no parent, *'"^sed. guardian, or person chargeable with his support, able to pay the same, he may be discharged by such justice or court, whenever 100 Absti-act of Criminal Laws. it is deemed expedient, or he may be discharged in the manner poor convicts may be discharged from imprisonment for non- payment of fines and cost's. Sect. 8. Warrants issued under this chapter shall be return- able before any trial justice or judge of a police court, at the Compensation, place named in the warrant ; and the justice or judge shall re- ceive such compensation as the city or town determines. Warrants where return- able. Fourth section forty-second chapter, G. S. Fifth section. [Chapter 21, Acts of 1862.] An Act amending the Statutes relating to Habitual Truants. Sect. 1. The fourth section of the forty-second chapter of the General Statutes is hereby amended by striking out the word " may," and inserting instead thereof, the word " shall." Sect. 2. The fifth section of the same chapter is hereby amended by striking out the words, "availing themselves of the provisions of the preceding section." [^Approved Feb. 14. 1862. Towns shall make necessary Erovisions and y-lawsre- spectlng. JTines. Proviso. Commitments to public insti- tutions. [Chapter 207, Acts of 1862.] As- Act concerning Truant Children and Absentees from School. Sect. 1. Each city and town shall make all needful provis- ions and arrangements concerning habitual truants, and also concerning children wandering about in the streets or public places of any city or town, having no lawful occupation or busi- ness, not attending school, and growing up in ignorance, be- tween the ages of seven and sixteen years ; and shall also make all such by-laws respecting such children as shall be deemed most conducive to their welfare and .the good order of such city or town ; and there shall be annexed to such by-laws suita- ble iDenalties, not exceeding twenty dollars for any one breach : provided, that said by-laws shall be approved by the superior court sitting in any county in the Commonwealth. Sect. 2.. Any minor convicted of being a habitual truant, or any child convicted of wandering about in the streets or public places of any city or town, having no lawM occupation or busi- ness, not attending school, and growing up in ignorance, between the ages of seven and sixteen yeai-s, may, at the dis- cretion of the justice or court having jurisdiction of the case, instead of the fine mentioned in the first section, be committed to any such institution of instruction, house of reformation, or suitable situation provided for the purpose under the authority of the first section, for such time, not exceeding two years, as such justice or court may determine. ^Ajoproved April 30, 1862. Note. — Chapter 44 Acts of 1863, extends jurisdiction to Police Court, city of Boston, and any judge or justice of any police court and trial justice in the State, and provides for discharge of minors in certain cases. Chapter 208, Acts of 1865, provides that house of reformation may be assigned as place for habitual truants. Employment of Children. 101 [Chapter 285, Acts of 186T.] An Act in relation to the Schooling and Hours of Labor of Children employed in Manufacturies and Mechanical Estab- lishments. Sect. 1. No child under the age of ten years shall be em- cwid under tea ployed in any manufacturing or mechanical establishment Jl^mpioyed"" ■within this Commonwealth, and no child between the age of ten and fifteen years shall be so employed, unless he has at- ^teeifuniess tended some public or private day school under teachers ap- taught three proved by the school committee of the place in which such Receding/''" school is kept, at least three months during the year next pre- ceding such employment : provided, said child shall have lived Provisos, within this Commonwealth during the preceding six months ; nor shall such employment continue unless such child shall at- shaii so attend tend school at least three months in each and every year; and'&^s^i'ohooi, provided, that tuition of three hours per day in a public or pri- e^gj^^^.'^ vate day school approved by the school committee of the place in which such school is kept, during a term of six months, shall be deemed the equivalent of three months' attendance at a school kept in accordance with the customary hours of tuition ; and no time less than sixty days of actual schooling shall be ac- sixty days to be counted as three months, and no time less than one hundred Sths.^'**'"^^'' and twenty half days of actual schooling shall be deemed an equivalent of three months. Sect. 2. No child under the age of fifteen years shall • be cMid under employed in any manufacturing or mechanical establishment ^^ork'over sixty more than sixty hours in one week. hours a week. Sect. 3. Any owner, agent, superintendent or overseer of penalty if own- any manufacturing or mechanical establishment, who shall know- ^^^ an'^'or^ ingly employ or permit to be employed, any child in violation of parent or guar- the preceding sections, and any parent or guardian who allows ^f^tSn^'^ "' or consents to such employment, shall, for such offence, forfeit the sum of fifty dollars. Sect. 4. It shall be the duty of the constable of the Com- constable of monwealth to specially detail one of his deputies, to see that iSorcement of the provisions of this act, and all other laws regulating the em- act. ployment of children or minors in manufacturing or mechanical establishments, are complied with, and to prosecute offences against the same ; and he shall report annually to the governor shaii report all proceedings under this act ; and nothing in this section shall action to gov- be so construed as to prohibit any person from prosecuting such offences. Sect. 5. Chapter two hundred and seventy-three of the ch. 273, Acts ot acts of the year eighteen hundred and sixty-six is hereby re- ^soe, repealed, pealed : provided, that this act shall not affect any proceedings now pending. Sect. 6. This act shall take effect sixty days from its pas- sage. [^Approved May 29, 1867. 102 Abstract of Criminal Laws. STATE POLICE. Constable of Common- wealth, ap- pointment, residence and deputies. Powers of con- stable and deputies de- fined. Shall obey or- ders of gov- ernor and see that the laws be executed. Salary of con- stable and per diem of depu- ties. Travel. Accounts of deputies to be sworn and ap- proved, audited and paid. Constable, with approval of governor and council, to fix rules for depu- ties. [Chapter 249, Acts of 1865.] An Act to establish a State Police. Sect. 1. There shall be appointed by the governor, with the consent of the council, an officer to be entitled the constable of the Commonwealth, who shall be commissioned to hold office for three years, unless sooner removed. Such officer shall reside in the city of Boston, and keep an office at some place therein, to be approved by the governor : he shall appoint as many dep- uties as the governor and council may direct, having at least one deputy in each county of the Commonwealth, and at least twenty deputies in the county of Suffialk. Sect. 2. The said constable of the Commonwealth and his deputies shall have and exercise all the common law and statu- tory powers of constables, except the service of civil process, and also all the powers given to the police or watchmen by the statutes of the Commonwealth, or the charters or ordinances of the several cities, concurrently with such officers, and their pow- ers as constables shall extend throughout the Commonwealth. Said constable and his deputies shall at all times obey all orders of the governor in relation to the preservation of the public peace, or the execution of the laws throughout the Common- wealth, and it shall be their duty to see that the laws of the Commonwealth ai-e observed and enforced; and they shall especially use their utmost endeavors to repress and prevent crime, by the suppression of liquor shops,, gambling places and houses of ill-fame. Sect. 3. The constable of the Commonwealth shall be paid out of the treasury of the Commonwealth an annual salary of two thousand dollars, in equal quarterly payments, and his dep- uties shall be paid at the rate of three dollars per day when on duty. When required to travel on duty from one city or town to another, they shall be allowed the same compensation which is allowed by law to sheriffs and their deputies. The accounts of the deputy constables shall be verified by the affidavits of said constable, and shall be approved by the constable of the Commonwealth before being presented to the auditor of the Commonwealth, and when duly audited shall be paid out of the treasuiy of the Commonwealth. Sect. 4. The constable of the Commonwealth, with the ap- proval of the governor and council, shall make all needM rules for the regulation of the police duties of his deputies, and he shall see to it that not less than six deputies shall be on police duty at all hours of the day and night in the city of Boston, State Police. 103 for the prevention of crime and the enforcement of the criminal laws of the Commonwealth. Sect. 5. The governor shall have power at all times in any Governor may emergency, of which he shall be the judge, to assume command tho^zelm^ of the whole or any part of the municipal police and constabu- stable to direct, lary force in any place, and to authorize the constable of the state. Commonwealth to command their assistance in the execution of criminal process, in suppressing riots, and in preserving the peace. ^Approved May IQ, 186b. [Chapter 261, Acts of 1866.] An Act in addition to an Act to establish a State Police. Sect. 1. The constable of the Commonwealth shall appoint Deputy con- as many deputies as the governor and councU may direct, hav- of? ^^■"°°' ^' ing at least two deputies in each of the counties of Barnstable, Berkshire, Hampshire, Franklin and Hampden, four in each of the counties of Worcester, Middlesex, Essex and Norfolk, three in each of the counties of Bristol and Plymouth, and thirty in the county of Suffolk. Sect. 2. It shall be the duty of the constables of the sev- city and town eral towns and cities of the Commonwealth, city marshals, whe^notffied chiefs of police and all other poUce oflScers to aid the constable ^"^^ called on. of the Commonwealth and his deputies in the discharge of their duties, whenever reasonably notified and called upon for that purpose. Sect. 3. This act, and the act to which this is an addition, city and town shall not be construed as releasing the police officers of the Feasedfrom*^ towns and cities of the Commonwealth from their duty to see ^^^. duties, that all the laws of the Commonwealth are observed and en- harmony with forced ; it being the design of this act, and the aforesaid act, ®**'® police, that all the police officers herein named shall act in hai-mony and fuU co-operation, to the end that the laws may be executed and crime suppressed. Sect. 4. The constable of the Commonwealth, his deputies city and town and all other police officers, shall use their utmost endeavors to §eaTOr*to^u'p- repress and prevent other crimes by the suppression of all iUe- press sale and gal manufacture and sale of intoxicating liquors. Uqu^""*"'^ °^ Sect. 5. Whoever falsely assumes or pretends to be the con- Penalty for stable of the Commonwealth, or a deputy of the constable of ^gf^be mS- the Commonwealth, and takes upon himself to act as such, or to stawe or require any person to aid and assist him in a matter pertaining ^P"*^' to the duty of such officer, shall be punished by imprisonment in the jail not exceeding one year, or by fine not exceeding four hundred dollars. Sect. 6. This act shall take effect upon its passage. [Ap- proved May 2Q,-1SQ6. 104 Abstract of Criminal Laws. Word " consta- ble," in Chap. 415, Acts of 1869, defined. When to take effect. [Chapter 442, Acts of 1869.] An Act in addition to an Act concerning the Manufacture and Sale of Intoxicating Liquors. Sect. 1. The word " constable," wherever it occurs in chap- ter four hundred and fifteen of the acts of the current year, shall be held and construed to include within its meaning the constable of the Commonwealth and his deputies. Sect. 2. This act shall take effect on the first day of July in the year eighteen hundred and sixty-nine. [^Approved June 22, 1869. CRUELTY TO ANIMALS. Penalty for beating or starving ani- mals. —for driving or working when unfit for labor. —for torture or cruelty of any kind. Bailroadsnotto confine animals in cars for more than 28 consecu- tive hours. [Chapter 344, Acts of 1869.] Ats Act for the more effectual Prevention of Cruelty to Animals. Sect. 1. Whoever overdrives, overloads, drives when over- loaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates or cruelly kills, or causes, or procures to be so overdriven, overloaded, driven when over- loaded, overworked, tortured, tormented, deprived of necessary sustenance, crueUy beaten, mutilated, or cruelly killed, any animal ; and whoever having the charge or custody of any ani- mal, either as owner or otherwise, inflicts unnecessary cruelty upon the same, or unnecessarily fails to provide the same with proper food, drink, shelter or protection from the weather, shall for every such offence be punished by imprisonment in the jail not exceeding one year, or by fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment. Sect. 2. Every owner, possessor, or person having the charge or custody of any animal, who cruelly drives or works the same when unfit for labor, or cruelly abandons the same, or who carries the same, or causes the same to be carried, in, or upon any vehicle, or otherwise, in an unnecessarily cruel or inhuman manner, or knowingly and wiUully authorizes or per- mits the same to be subjected to unnecessary torture, 'suffering or cruelty of any kind, shall be punished for every such offence in the manner provided in section one. Sect. 3. No railroad company, ia the carrying or transport- ation of animals, shall permit the same to be confined in cars, for a longer period than twenty-eight consecutive hours, with- out unloading the same for rest, water and feeding, for a period of at least five consecutive hours, unless prevented from so un- Cruelty to Animals. 105 loading by storm or other accidental causes. In estimating such confinement, the time during which the animals have been con- fined without such rest on connecting roads from which they are received, shall be included ; it being the intent of this act to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon contingencies herein before stated. Animals so unloaded shall be properly fed, watered Animals to be and sheltered during such rest, by the owner or person having ""l""^ +g' ^ the custody thereof, or, in case of his default in so doing, then by the railroad company transporting the same, at the expense of the owner or person in custody thereof, and said company shall in such case have a lien upon sugh animals for food, care and custody furnished, and shall not be liable for any detention of such animals authorized by this act. Any company, owner penalty on rau- or custodian of such animals who shall fail to comply with the ^"^^^ '•"■ ^a^h provisions of this section, shall for each and every such ofience be liable for and forfeit and pay a penalty 9f not less than one nor more than five hundred dollars : provided, however, that Proviso, when animals shall be carried in cars in which they can and do have proper food, water, space, and opportunity for rest, the foregoing provision in regard to their being unloaded shall not apply. Sect. 4. Any person found violating the laws in regard to Persons may be cruelty to animals, may be arrested and held without warrant ouWarrMt^as in the same manner as in case of persons found breaking the jnoase of T . , 1 . '■ , .., ... ° breaoli of the peace ; and the person making an arrest with or without war- peace. rant shall use reasonable dUigence to give notice thereof to the Byen^o" owner owner of animals found in the charge or custody of the person of animals. arrested, and shall properly care and provide for such animals until the owner thereof shaU^take charge of the same : provided, Proviso. the owner shall take charge of the same within sixty days from the date of said notice. And the person making such arrest shall have a lien on said animals for the expense of such care and provision. Sect. 5. When complaint is made on oath or alErmation to search warrant any magistrate authorized to issue warrants in ciiminal cases, "oTtobe^ser^'d that the complainant believes and has reasonable cause to be- ^^^"^ sunset lieve that the laws in relation to cruelty to animals has been or ized by magis- are being violated in any particular building or place, such magis- *''^'^' trate, if satisfied that there is reasonable cause for such belief, shall issue a search warrant authorizing any sherifi^ deputy sheriff, deputy state constable, constable or police oflicer to search such building or place ; but no such search shall be made after sunset unless specially authorized by the ma^strate, upon satisfactory cause shown. Sect. 6. In this act the word "animal" or "animals" shall Words "ani- be held to include all brute creatures ; and the words " owner," &^''deflned^'^' " " person," and " whoever," shall be held to include corporations as well as individuals, and the knowledge and acts of agents of and persons employed by corporations in regard to animals 14 106 Abstract of Criminal Laws. Duty of sheriffs, police officers, &c., to prose- cute. Police courts, &c., to have concurrent jurisdiction with superior court. Repeal. transported, owned or employed by or in the custody of sucli corporations, shall be held to be the acts and knowledge of such coi-porations. Sect. 7. It shall be the duty of aU sheriffs, deputy sheriffs, deputy state constables, constables and police officers to prose- cute aU violations of the provisions of this act which shall come to their notice or knowledge, and fines and forfeitures collected upon or resulting from the complaint or information of any offi- cer or agent of the Massachusetts Society for the Prevention of Cruelty to Animals, under this act, shall inure and be paid over to said society in aid of the benevolent objects for which it was incorporated. Sect. 8. The several municipal and police courts and trial justices in this Commonwealth shall have full concurrent juris- • diction with the superior court of all offences under this act, and to the full extent of the penalties therein specified. Sect. 9. Chapter two hundred and twelve of the acts of the year eighteen hundred and sixty-eight is hereby repealed, ex- cept as to prosecutions now pending under the same, and offences heretofore committed. [^A^roved June 2, 1869. PROTECTION OP ANIMALS. Penalty for re- moving collar, &c. —for exposing poisons, &c [Chapter 88, General Statutes.*] Sect. 57.- Whoever wrongfully removes the collar fi-om or steals a dog, licensed and collared as aforesaid, shall be punished by fine not exceeding fifty doUars; and whoever wrongfully kills, maims, entices, or carries away such a dog, shall be liable to its owner for its value in an action of tort. Whoever dis- tributes or exposes any poisonous substance, with intent that the same shall be eaten by any dog, shall be punished by fine not exceeding fifty nor less than ten dollars. damages Sect. 59. Every owner or keeper of a dog shall forfeit to any person injured by it double the amount of the damage sus- tained by him, to be recovered in an action of tort. Sect. 60. Any person may kill a dog that shall suddenly assault him while he is peaceably walking or riding without the enclosure of its owner or keeper ; and any person may Mil a dog that is found out of the enclosure or immediate care of its owner or keeper, worrying, wounding or killing any neat cattle, sheep or lambs. ■Dogs, by. — when any person may kill, &c. * So much of this chapter is given as is not directly repealed by chapter 299 of the Acts of 1864. Protection to Animals. 107 Sect. 61. If any person so assaulted, or finding a dog stroll- — dangerbus, to . /. ,, s ^ . T i J? -i be confined by ing out 01 the enclosure or immediate care of its owner or owner orkiued. keeper, shall, within forty-eight hours after such assault or find- ing, make oath thereof before a justice of the peace or police court for the county, or before the clerk of the city or town where the owner of the dog dwells, and shall further swear that he suspects the dog to be dangerous or mischievous, and shall give notice thereof to its owner or keeper ' by delivering him a certificate of such oath, signed by such justice or clerk, the owner or keeper shall forthwith kill or confine it ; and if he neglects so to do for twenty-four hours after such notice, he shall forfeit ten dollars. Sect. 62. If, after such notice, the dog is not kUled or con- —after notice, fined, but is again found strolling out of the enclosure or imme- m.^ diate care of its owner or keeper, any person may kill it. Sect. 63. If a dog, after such notice to its owner or keeper. Liability of shaU by such assault wound or cause to be wounded any person, ^^^^ '" ™^''' or shall worry, wound or kill any neat cattle, sheep or lambs, or do any other mischief, the owner or keeper shall be liable to pay to the person injured thereby treble the damage, to be re- covered by an action of tort. Sect. 67. The city council of any city, and the inhabitants towhb may of any town, may make such additional by-laws and regulations &c. ^ ^' ^^^' concerning the licensing and restraining of dogs as they rees for license. deem expedient, and may affix any penalties, not exceeding ten dollars, for any breach thereof; but such by-laws and regula- tions shall relate only to dogs owned or kept in such city or town ; and the annual fee required for a license shall in no case be more than one dollar in addition to the sum required by sec- tion fifty-two. Sect. 68. All fines and penalties provided in the sixteen Fines, &c., how preceding sections may be recovered on complaint before any ^'^"'^"^^■ police court or trial justice in the county where the offence is committed. [Chapter 130, Acts of 1867.] As Act concerning Dogs, and for the protection of Sheei? and other Domestic Animals. Sect. 1. Every owner or keeper of a dog shall annually, on Dogs sUaii be or before the thirtieth day of April, cause it to be registered, ^™^*v^ V* numbered, described, and licensed for one year from the first and wear collar. day of the ensuing May, in the office of the clerk of the city or town wherein said dog is kept, and shall cause it to wear around its neck a collar distinctly marked with its owners' name and its registered number, and shall pay for such license, for a male Tees. dog two dollars, and for a female dog five dollars. 108 Abstract of Criminal Laws. New owner Sect. 2. Any person becoming the owner or keeper of a uSice^sea^iog, ^og HO* duly licensed, on or after the first day of May, shall to comply. cause said dog to be registered, numbered, described and li- censed nntU. the first day of the ensuing May, in the manner, and subject to the terms and duties prescribed in this act. Clerk of town Sect. 3. The clerks of cities or towns shall issue said ses and account licenses, and receive the money therefor, and pay the same into for fees. the treasuries of their respective counties, except in the county Except in Suf- ^f g^^i^^ on ^j. i^efore the first day of December of each year, retaining to their own use twenty cents for each license, and shaU return therewith a sworn statement of the amount of Shau keep moneys thus received and paid over by them. They shall also record. keep a record of aU licenses issued by them, with the names of the keepers or owners of dogs licensed, and the names, regis- tered numbers and descriptions of all such dogs. Duties of Sect. 4. It shall be the duty of each county treasurer, and town treaf- of each city or town treasurer, except in the county of Sufiblk, "J^Vexoept in to keep an accurate and separate account of aU moneys received and expended by him under, the provisions of this act. Penalty for Sect. 5. Any person keeping a dog contrary to the provis- censed^dog. " ions of this act, shall forfeit fifteen dollars, to be recovered by complaint or indictment ; and of said fine or forfeiture, five dol- lars shall be paid to the complainant, and ten dollars shall be paid to the treasurer of the county in which the dog is kept ; except that in the county of Suffolk, the ten dollars shall be paid to the treasurer of the city or town wherein said dog is License valid in kept. A license from the clerk of any city or town shall be be transfeneci Valid in any part of the Commonwealth, and may be transferred to other town, .^jrith the dog licensed : provided, said license be recorded by the clerk of the city or town where such dog is kept. Assessors to Sect. 6. The assessors of the cities and towns shall annually on first of May* take a list of all dogs owned or kept in their respective cities or cSrk^*"™ *" towns, on the first day of May, with the owners' or keepers' names, ^nd return the same to the city or town clerk, on or be- Penaityforre- fore the first day of July. Any owner or keeper of a dog who answe/."*^^*" shall refuse to give just and true answers, or shall answer falsely to the assessors relative to the ownership thereof, shall be pun- ished by a fine of not less than ten dollars, to be paid, except in the county of Suffolk into the county treasury. Mayor and Sect. 7. Mayors of cities and the chairman of selectmen of lecb^n^in^' towns shaU annually, within ten days from the first day of July, J»iy. to direct issue a warrant to one or more police oiEcers or constables, di- kiiiing of uiLU- recting them to proceed forthwith either to kiU or cause to be complaint**"'* killed all dogs within their respective cities or towns, not against keep- licensed and collared according to the provisions of this act, and *"'^' to enter complaint against the owners or keepers thereof, and any person may, and every police officer and constable shall, kill Fees. . or cause to'[be killed all such dogs whenever or wherever found. Such officers, other than those employed under regular pay, shall receive one dollar for each dog so destroyed, from the treasurers Protection of Animals. 109 of their respective counties, except that in the county of Suffolk they shall receive it from the treasurers of their respective cities or towns. All bills for such service shall be approved by the BUis for service, mayor, or chairman of the selectmen, of the city or town in ^""^ p^' ' which said dogs are destroyed, and shall be paid from moneys received under the provisions of this act. Sect. 8. Each police officer or constable to whom the war- officer to make rant named in the preceding section shall have been issued shall Jan^on fiSt^ return the same, on or before the first day of the October fol- October, with lowing, to the mayor or chairman of the selectmen issuing the doSga,*&c!' ° same, and shall state in said return the number of dogs kiUed, and names of the owners or keepers thereof, and whether all unlicensed dogs in his city or town have been killed, and the names of persons against whom complaints have been made un- der the provisions of this act, and whether complaints have been entered against all the persons who have failed to comply with the provisions of this act. Sect. 9. The mayors of cities and the chairman of the se- Mayors and lectmen of towns, shall annually, within ten days from the first ^ctmen on^ "^' day of October, transmit a certificate, regulai-ly subscribed and tenth of octo- sworn to, of the fact of the issue of the wan-ant jiamed in sec- sworn state- tion seven, and whether the same has been duly executed and ™™J^ Home returned, agreeable to the provisions of this act, to the district- attorneys of their respective districts, whose duty it shall be to prosecute aU such city, town or county officers as fail to comply with the provisions of this act. Sect. 10. Whoever sufiers loss by the worrying, maiming or persons suffer- killing of his sheep, lambs, fowls or other domestic animals by JSIy hme^'ap'-^' dogs, may inform the mayor of the city or the chairman of the praisement. selectmen of the town wherein the damage was done, who shall proceed to the premises where the damage was done and deter- mine whether the same was inflicted by dogs, and if so, appraise the amount thereof and return a certificate of said amount, ex- cept in the county of Sufiblk, to the county commissioners, on or before the first day of December : provided, however, that if. Proviso; if in the opinion of said mayor or chairman of the selectmen, the how^m^posla!' amount of said damage shall exceed the sum of twenty dollars, he shall appoint two disinterested persons who, with the said mayor or chairman of selectmen, shall appraise the amount of such damage and return a certificate of the same, except in the county of Sufiblk, to the county commissioners, on or before the first day of December. The county coromissioners shall, dur- county com- ing the month of December, examine all such bills, and, when Stamine buis any doubt exists, may summon the appraisers and all parties in December, interested, and make such examination as they may think payj^nt." ^' proper, and shall issue an order upon the treasurer of the county m which the damage was done, for all or any part thereof, as justice and equity may require. The treasurer shall annually, on the first Wednesday of Jan- County treas- uary, pay all such orders in full, if the gross amount received januwy.^^ '° no Abstract of Criminal Laws. Appraisers, how paid. Mayor and se- lectmen, mile- age. Owner of ani- mals may elect procedure. Mayor or chair- man of select- men unable, proceedings in case. Penalty if offi- cer fail of duty. Persons ag- grieved thereby may report to attorney. County treas- urer may bring action for dam- age. Recovery of fines and pen- alties. The last clause of this section repealed. See chap. 2S0 Acts of 1869. County of Suf- folk; moneys to be paid, city or town. by Mm and not previously paid out under the provisions of this act is sufficient therefor; otherwise he shall divide such amount pro rata among such orders, in full discharge thereof. The appraisers shall receive from the county, or in the county of Suffolk from, the city or town treasurer, out of the money re- ceived under the provisions of this act, the sum of one dollar each for every examination made by them as prescribed in this section ; and the mayor or the chairman of the selectmen acting in the case, shall receive twenty cents per mile one way for his necessary travel in the case. The owner of sheep, lambs, or other domestic animals worried, maimed or killed by dogs, shall have his election whether to proceed under the provisions of this section or under the pro- visions of sections sixty-one, sLxty-two and sixty-three of chapter eighty-eight of the General Statutes ; but, having signified his election by proceeding in either mode, he shall not have the other remedy. In the absence or sickness of the mayor of the city, or chairman of the selectmen of a town, in which the damage is done, it shall be the duty of any one of the aldermen of said city, or of the selectmen of said town, who may be duly informed of damage supposed to have been done by dogs, to dischaj|ge forth- with the duties imposed by this section upon the mayor or chair- man of selectmen. Sect. 11. -Any city, town, or county officer refusing or wil- fully neglecting to perform the duties herein imposed upon him, shall be punished by fine not exceeding one hundred dollars, to be paid, except in the county of Suffolk, into the county treas- ury. Any person aggrieved by such refusal or neglect on the part of any city, town or county officer, may report the same forthwith to the district-attorney of his district. Sect. 12. The treasurer of any county may, and when or- dered by the county commissioners, shall, bring an action of tort against the owner or keeper of any dog concerned in doing damage to sheep, lambs or other domestic animals in said county, which damage the said county commissioners have ordered to be paid, to recover the full amount thereof to the use of said county. AU fines and penalties provided in this act may be re- covered on complaint or indictment before any court of compe- tent jurisdiction in the county where the offence is committed. Moneys received by the treasurer of any city, town or county, under the provisions of this act, and not expended in accordance with its provisions, may be applied to the payment of any city, town or county expenses. Sect. 13. In the county of Suffolk, all moneys received for licenses or recovered as fines or penalties under the provisions of this act, which if received or recovered in any other county, would be paid into the county treasury, shall be paid into the* treasury of the city or town in which said licenses are issued or said fines or penalties recovered. All claims for damage done by dogs in said county sh^U be determined by appraisers as Protection of Animals. Ill specified in section ten of this act, and, when approved by the Claims for dam- board of aldermen or selectmen of the city or town where the t^lrein, how damage was done, shall be paid in full on the first Wednesday ^^||™"°®'^ *"'* of January of each year by the treasurer of said city or town, if the gross amount received by him and not previously paid out under the provisions of this act is sufiicient therefor ; otherwise such amount shall be divided pro rata among such claimants in full discharge thereof. After such claims have been approved by the board of alder- claims ap- men or selectmen, the treasurer of said city or town may, and, Srer of'town when ordered by the board of aldermen or selectmen, shall, may bring ac- bring an action of tort to recover, against the owner or keeper '"'" '" ^'"'°'"^^- of any dog concerned in doing the damage, the full amount thereof. Sect. 14. Any person owning or keeping a licensed dog. Penalty for who may have received a notice, in accordance with section ceMeadog '' sixty-one of chapter eighty-eight of the General Statutes, that when danger- said dog is mischievous or dangerous, and who does not kill it °»=**'*«''°»*"=«- or keep it thereafter fi-om ever going at large, shall, on com- plaint or indictment, forfeit ten dollars, if it be proved that such dog be mischievous or dangerous. Sect. 15. AU acts or parts of acts inconsistent with this act Repeal. are hereby repealed. Sect. 16. The warrants required to be issued by the seventh ^°™ °^ '^"■ "section of this act, may be in the following form, viz. : — enth section. Commonwealth of Massachusetts. [Seal.] M ss. To , constable of the town (or city) of In the name of the Commonwealth of Massachusetts, you are hereby required to proceed forthwith to kill or cause to be killed all dogs within the said town not duly licensed and collared according to the provisions . of the act of the year eighteen hundred and sixty-seven, entitled " An Act concerning Dogs, and for the protection of Sheep and other Domestic Animals," and you are further required to make and enter complaint against the owner or keeper of any such dog. Hereof fail not, and make due return of this warrant with your do- ings therein, stating the number of dogs killed and the names of the own- ers or keepers thereof, and whether all unlicensed dogs in said town (or city) have been killed, and the names of persons against whom complaints have been made under the provisions of said act, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said act, on or before the first day of Oc- tober next. Given under my hand and seal at aforesaid, the day of in the year eighteen hundred and (Mayor of, or) Chairman of the Selectmen of Sect. 17. This act shall take effect upon its passage. \_Ap- proved April 9, 1867. 112 Abstract of Orimiital Laws. Unexpended moneys receiv- ed for taxes on dogs to be ap- plied for benefit of public librar ries or schools. In Suffolk County, how disposed of. Bepeal. [Chapter 250, Acts of 1869.] An Act in addition to an Act concerning Dogs. Sect. 1. Moneys received by the treasurer of any county under the provisions of chapter one himdred and thirty of the acts of the year eighteen hundred and sixty-seven, and not ex- pended in the payment of damages done by dogs, in accordance with the provisions of said act, shall be paid back to the treas- urers of the several cities and towns of said county, in the month of January of each year, in proportion to the amount paid by said city or town to said county treasurer ; and the money so refunded shall be expended for the support of public libraries or schools, in addition to the amount annually appropriated by said city or town for those purposes. In the county of Suffolk, moneys received by any treasurer of a city or town under the provisions of this act, and not expended in accordance with the provisions of the same, shaU be appropriated by the school com- mittee of said city or town for the support of the public schools therein established. Sect. 2. The last clause of section twelve of chapter one hundred and thirty of the acts of the year eighteen hundred and sixty-seven,, is hereby repealed. Sect. 3. This act shall take effect upon its passage. \_Ap- proved Mdy 10, 1869. PROTECTION OF BIRDS, ETC. Woodcock and partridges not to be killed at certain times, under penalty- Quail not to be killed at certain times, under penalty. [Chapter 246, Acts of 1869.] An Act to aid in the Preservation of Birds, Birds' Eggs, and Deer. Sect. 1. "Whoever, between the first day of January and the fifteenth day of August, takes -or kills any woodcock, or be- tween the first day of February and the first day of September, takes any ruffed gyouse or partridges, or within the respective times aforesaid, sells, buys or has in his possession any of said birds so taken or killed in this Commonwealth, or elsewhere, shall forfeit for every such bird twenty-five dollars. Sect. 2. Whoever, between the first day of April, eighteen hundred and sixty-nine, and the first day of November, eighteen hundred and seventy-two, takes or kills any of the birds known as quaU or Virginia partridge, m any way whatsoever, shall forfeit for every such bird the sum of twenty-five dollars. And whoever shall, after the first day of November, eighteen hun- dred and seventy-two, take or kill any of said birds, except ia the Protection of Birds, etc. 113 months of November and December annually, shall forfeit for every such bird the sum of twenty-five dollars. Sect. 3. Whoever, at any season of the year, within this Pinnated state, takes or kills any of the birds calFed pinnated grouse or ^ens!^ ""^ °* heath hens, or sells, buys or has in his possession any of said birds so killed or taken, shall forfeit for every such bird twenty- ^"* ^' five dollars. Sect. 4. Whoever, between the first day of March and the Marsh Wrds, first day of July, takes or kills any marsh birds or upland plover, "P'™** ^^°'^"- within this state, shall forfeit for every such bird twenty-five Penalty, dollars. Sect. 5. Whoever, between the first day of March and the ^re* water first day of September, takes or kills any fresh water fowl, shall Penalty, forfeit for every such bird twenty-five dollars. Sect. 6. Whoever, at any season of the year, within this Fresh water or state, kills any fresh water fowl or sea fowl, either upon the be'kmTdon'*" feeding or roosting gi-ounds of said fowls, shooting from any feeding or vessel, boat or craft, or chases or pursues and captures said fowl g?oundf. upon or from their feeding or roosting grounds, in any boat or vessel of any kind whatever, shall forfeit for every such bird so Penalty, taken or killed twenty-five dollars. Sect. 7. Whoever, at any season of the yeai', takes or kills Penalty for kui- any undomesticated bird not heretofore mentioned in this act, SfsS^eated" "' except snipe, hawks, owls, crows, iavs and guUs, or destrovs or ^^K^^^ except -mm ' V V O ' •/ &T11H6 119.WkS * disturbs the eggs or nests of such undomesticated birds, except &c. ' ' the nests or eggs of snipe, hawks, owls, crows,' jays and gulls, shall forfeit twenty-five dollars for each offence : provided, that any per- Proviso, son, having first obtained the written consent of the mayor and aldermen of any city, or selectmen of any town, may, in such city or town, take or destroy, for scientific purposes only, such birds and eggs as said written consent may specify. Sect. 8. Whoever, between the first day of April, eighteen Deernot»tobe hundred and sixty-nine, and the fifteenth day December, eigh- ^'f8;2!""^'"'" teen hundred and seventy-two, and thereafter between the fifteenth day of December and the first day of September, takes or kills any deer, except his own tame deer, kept on his own grounds, shall forfeit for every such ofience twenty-five dollars. Sect. 9. The mayor and aldermen and selectmen of the Municipal several cities and towns of this Commonwealth shall cause the enforceUw*" provisions of the preceding sections to be enforced in their respective places; and all forfeitures accruing under these Forfeitures, sections shall be paid, two-thirds to the informant or prose- ^f^ disposed cutor, and one-third to the city or town whei-e the offence is committed. Sect. 10. Chapter eighty-two of the General Statutes, and Kepeai, chapters forty-six and one hundred and fifty-eight of the acts of the year eighteen hundred and sixty-five, chapter two hundred and fifty-seven, and chapter one hundred and twenty-five, of the acts of the year eighteen hundred and sixty-seven, and chapters 15 114 Abstract of Criminal Laws. one hundred and twenty-six, one hundred and fifty-eight and one hundred and sixty-one, of the year eighteen hundred and sixty-eight, are hereby repealed. [^Approved May 10, 1869. HAWKERS AND PEDDLERS. Articles whicli may be sold by peddlers with- out license. Cities and towns may reg- ulate such sales by minors. Penalty. Prohibited arti- cles. Secretary may grant licenses on certificate of mayor, &c., for sale of goods not prohibited. [Chapter 50, General Statutes.] Sect. 13. Anj^ person may go about from town to town or from place to place, or from dwelling-house to dwelling-house in the same town, exposing to sale and selling fruits and provis- ions, live animals, brooms, agricultural implements, fuel, news- papers, books, pamphlets, agricultural products of the United States, and the products of his own labor or the labor of his famUy. Sect. 14. The city council of any city, and the inhabitants of any town, may authorize the mayor and aldermen or select- men thereof to restrain the sale by minors of any goods, wares, or merchandise, the sale of which is permitted in the preceding section, and while such authority remains in force, the mayor and aldermen and selectmen may make such rules restraining such sales by minors, or may grant licenses to minors to make such sales upon such terms and conditions as they shall pre- scribe ; but such restraints and licenses shall not remain in force beyond their term of office. Whoever is guilty of a violation of the rules and regulations so made, or sells any such articles without a license when the same has been required, shall forfeit a sum not exceeding ten dollars for each offence. Sect. 15. The sale of jeweh-y, wines, spirituous liquors, playing cards, indigo and feathers, in the manner specified in section thirteen is prohibited. Sect. 16. The secretary of the Commonwealth may grant a license to go about exposing^to sale and selling any goods, wares or merchandise, not prohibited in the preceding section, to any applicant who files in his office a certificate signed by the mayor of a city or by a majority of the selectmen of a town, stating that to the best knowledge and behef of such mayor or select- men, the applicant therein named resides in such city or town, is a citizen of the United States, and of good repute for morals and integrity. The mayor or selectmen before granting such certificate shall require the applicant to make oath that he is the person named therein, that he is a resident of such city or town, and a citizen of the United States ; which oath shall be certified by a justice of the peace, and accompany the certifi- cate. Every license so granted shall bear date the first day of Haivkers and Peddlers. 115 anuary of the year in whicli it is granted, and shall continue n force one year, and no longer. Sect. 17. The secretary shall cause to be inserted in every Form and effect icense the names of such cities and towns as the applicant se- ° "*'''°- ects, 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. Every person so licensed qq payment?'^ may sell as aforesaid any goods, wares and merchandise, not &o. prohibited in section fifteen, in any city or town mentioned in his license, upon first paying the sum so required to the treas- urer of such city or town, who shall certify on the face of the license the sum so received. Sect. 18. Every person licensed under the two preceding rees for license, sections shall pay to the treasurer of each city or town men- tioned in his license, the sums following : for every town con- taining not more than one thousand inhabitants, according to the United States census next preceding the date of his license, three dollars ; for every town containing more than one thou- ' H and 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 city and town containing more than four thousand inhabitants, ten dol- lars, and OHe dollar for every one thousand inhabitants over four thousand contained therein ; but the sum so-to be paid to a treas- urer shall in no case exceed twenty-five dollara. Sect. 19. Any person resident, paying taxes upon his stock Eesidents pay- in trade, and qualified to vote in any city or town, may there maybe licensed expose to sale and sell goods, wares, or merchandise, upon ob- without fee. taining a license pursuant to the provisions of sections sixteen and seventeen, and shall not be required to pay to the treasurer of such city or town any sum therefor. Sect. 20. The secretary, upon the conditions required in state Uoenaes. section sixteen, may grant special state licenses, upon payment by the applicant of one hundred dollars for each license ; and the person so licensed may expose to sale any goods, wares or merchandise, not prohibited, in any city or town. He may also „ . „ grant as aforesaid, upon payment Tby the applicant of one dollar censes. for each county mentioned therein, special county licenses ; and the person so licensed may expose to sale, within such counties, any tin, britannia, glass, or wooden wares, of the manufactures of the United States, or any other goods, wares or merchandise manufactured by himself or his employer, and not prohibited in section fifteen, upon tendering to the treasurer of each county mentioned in said license, respectively, the sums following : for Suifolk, Essex, Middlesex and Worcester, each four dollars ; for Norfolk, Berkshire, Hampden, Bristol and Plymouth, each three dollars ; for Franklin, Hampshire and Barnstable, each two dol- lars ; for Nantucket one dollar ; for the county of Dukes County 116 Abstract of Criminal Laws. Eecords of li- censes. Sums paid for licenses, how appropriated. Licenses may be transferred. Persons li- censed to post name, &:c., on parcels or vehi- cle, and exhibit license on de- mand, &c. Licenses, when not to protect, party, &c. Shall be void, if, &c. Penalty for counterfeiting, &c., licenses, and selling without license. one dollar. And the county treasurers, respectively, upon the receipt of any sum as aforesaid, shall certify the amount so received on the face of the license. Sect. 21. The secretary shall keep a record of all licenses granted, with the number of each, the name and residence of the persons licensed, the counties, cities and towns mentioned therein, of all special state licenses and of all transfers of licenses. The treasurers of the counties, cities and towns shall severally keep records of all licenses upon which the sums pro- vided in this chapter have been paid, with the number of each, the name and residence of the persons licensed, and the sums re- ceived thereon, and all such records shall be open, to public inspection. Sect. 22. All sums paid to the secretary under this chapter shall be for the use of the state ; and all sums paid to the treas- urer of a county, city or town shall be for the use of such county, city or town. Sect. 23. A license granted under the provisions of section sixteen or nineteen may be transferred by the secretary, upon application therefor and upon evidence furnished by the appli- cant like that required for granting a license. The person to whom it is transferred shall thereafter be liable in all respects as if he were the person originally licensed. No person shall sell under such license except the person named therein or in such transfer. Sect. 24. Every person licensed to peddle as herein before provided shall post his name, residence, and the number of his license, in a conspicuous manner upon his parcels or vehicle, and when such license is demanded of him by any mayor, alderman, selectman, town or city treasurer or clerk, constable, police offi- cer, or justice of the peace, shall forthwith exhibit it, and if he neglects or refuses so to do, shall be subject to the same penalty as if he had no license. So much of this chapter as relates to hawkers and peddlers, or a synopsis thereof shall be printed on every ligense. Sect. 25. 'No license to go about offering for sale or selling as aforesaid shall operate to defeat or bar a prosecution against the person licensed, if it is proved that he exposed to sale any article except such as are permitted in section thirteen, in any county, city or town, where he was not licensed to sell, or in which he had not paid the sum mentioned in his license ; but no person so licensed shall be required to make payment to the treasurer of any county, city or town before he is prepared to trade therein. The license of any person convicted of a violar tion of any provision of this or the ten preceding sections, shall be void. Sect. 26. Whoever counterfeits or forges a license, or has a counterfeit or forged license in his possession, with intent to utter or use the same as true, knowing it to be false or counter- feit, or attempts to sell under a license which has expired, or is Hawkers and Peddlers. 11'^ forfeited, or wMch was not granted or has not been transferred to him, shall forfeit a sum not exceeding one thousand dollars. Sect. 27. Whoever goes from town to town, or from place —for unauthor- to place, or from dwelling-house to dwelling-house, carrying for sale or exposing to sale, any goods, wares or merchandise, or takes a residence in any town for that purpose for ' a less term than one year, except as herein before provided, shall forfeit a sum not exceeding two hundred dollars for each offence. Sect. 28. No hawker, peddler or other itinerant trader hold- Hawkers, &c., ing an auctioneer's license, shall sell or expose for sale by public tioneMs, not to auction any goods, wares or merchandise, in any other city or seu, &o. town than that from whose authority such license was obtained, nor in any place in such city or town except such as shall be expressly described or set forth in said license. [Chapter 178, Acts of 1862.] As Act in relation to Hawkers and Peddlers. Nothing in the thirteenth section of the fiftieth chapter of the General stat- G-eneral Statutes shall be so construed as to include therein any aond^lfiZ'^ articles of the growth or production of foreign countries. \_-Ap- proved April 30, 1862. [Chapter 151, Acts of 186i,] An Act relating to Hawkers and Peddlers. Sect. 1. All licenses hereafter granted to hawkers and ped- Licenses, date dlers, under the fiftieth chapter of the General Statutes, shall *"* di^ratioii. bear date the day they are issued, and shall continue in force one year from such date. Sbct. 2. The applicant for any special state license which Special state may be granted hereafter, under the twentieth section of this ""'°^® ^^■ chapter, shall be required to pay fifty dollars for such license, and no more. Sect. 3. It shall be the duty of constables and police ofiicers Municipal oa- within their respective towns and cities, to arrest and prosecute cute for'vioi™*' any person whom they may have reason to believe guilty of vio- tions. lating the provisions of said fiftieth chapter, relating to hawkers and peddlers ; and one-half of any forfeiture which may be in- Forfeitures, ctirred and recovered under the twenty-seventh section of said chapter shall be paid to the complainant. Sect. 4. So much of the fiftieth chapter of the General Repeal, Statutes as is inconsistent with this act is hereby repealed. [^Approved April IS, 1864. 118 Abstract of Criminal Laws. [Chapter 197, Acts of 1866.] Ait Act to exempt Disabled Soldiers and Sailors from paying for Peddlers' Licenses. Secretary upon The Secretary of the Common-vvealth is hereby authorized to f ™may grant' grant a Special license to any disabled soldier or sailor belong- speoiai license, ijjg ^q this Commonwealth, according to the provisions of the twentieth section of the fiftieth chapter of the General Statutes, without the payment of any sum therefor, upon satisfactory evi- dence of the identity of such soldier or sailor, and that he is whoUy or partially disabled by reason of wounds received in the service of the United States, or by sickness or disability con- tracted therein, and has received an honorable discharge from said service. [^Approved April 30, 1866. Police courts and trial jus- tices may take jurisdiction over offences described in G. S. SO, § 27. [Chapter 12, Acts of 1868.] An Act giving Jurisdiction to Police Courts and Trial Justices in certain cases. Sect. 1. Police courts and trial justices may, in their discre- tion, exercise jurisdiction over offences described ia the twenty- seventh section of the fiftieth chapter of the General Statutes, and in such cases may impose a fine not exceeding fifty dollars. Sect. 2. This act shall take effect upon its passage. {Ap- proved Februa/ry 17, 1868. PROTECTION OF RELIGIOUS MEETINGS. [Chapter 165, General Statutes.] Disturbing reii- Sect. 21. Whoever wifuUy interrupts or disturbs any as- gious worship, gembly of people met for the worship of God shall be punished by imprisonment in the jail not exceeding thirty days, or by fine not exceeding fifty dollars. Penalty for hawking or vending with- out permis- sion, or engag- ing in game, horse-race or [Chapter 59, Acts of 1867.] An Act for the Protection of Camp Meetings. Sect. 1. Whoever, during the time of holding any camp or field meeting, for religious purposes, and within one mUe of the place of holding such meetings, hawks or peddles goods, wares or merchandise, or establishes or maintains any tent, booth or buUding for vending provisions or refreshments, without per- Fisheries, etc. 119 mission from the authorities or officers haviner the charge or di- show within , . rt , . . . *=• , '^ • one mile. rection oi such meeting, or engages m gaming or horse-racing, or exhibits or offers to exhibit any show or play, shall forfeit for each offence a sum not exceeding twenty dollars: provided, Limitation to that the powers and privileges herein granted shall be exercised twelve days. only for a term of not exceeding twelve consecutive days, in any one year ; and also provided, that a person having a regular, trsuai buBi- usual and established place of business within such Umits is not "^^^ ^^"^^ ^ hereby required to suspend his business. Sect. 2. The twenty-second section of the one hundred and G. s. im, § 22 sixty-fifth chapter of the General Statutes is hereby repealed : '^^^ provided, this repeal shall in no wise affect the prosecution of any offence heretofore committed. [^Approved March 11, 1867. [Chapter 231, Acts of 1864.] As Act to regulate the Transportation of Passengers, Freight and Baggage to and from the Martha's Vineyard Camp Ground. Whoever, during the time of holding the Martha's Vineyard Penalty for, camp-meeting, or during the two weeks next preceding its com- from°agent™'^ mencement, or the week next after its close, and within one mile and a quarter of the place of holding said meeting, trans- ports for hire, passengers, freight or baggage, to or from the place of holding said meeting without Ucense from the agent of the Martha's Vineyard camp-meeting association, having charge of the camp-ground, who shall act under the general du-ection and subject to the control of the finance committee of said asso- ciation, shall forfeit and pay for each offence a sum not exceed- ing twenty dollars. The amount to be paid for said license shaU Fee for license, not exceed one dollar. [^Approved May 12, 1864. FISHERIES, ETC. [Chapter 83, General Statutes.] Sect. 1. Whoever puts or throws into any waters within Penalty for this state, for the purpose of taking or destroying any fish S°iiXn^'' therein, any of the cocculus indicus, .otherwise called Indian cockle, &c. berry or Indian cockle, or any other poisonous substance, whether the same is mixed with any other substance or not, shall forfeit ten dollars for every such offence. Sect. 2. Whoever takes or catches any pickerel or trout in —for unlawfully any rivers, streams or ponds, in any other manner than by hooks erei'^aSl^trout. 120 Abstract of Criminal Laws. Amended. See and lines, Or takes or catches any pickerel from the first day of of im**'*^°'' December to the first day of May, [or any trout from the twen- tieth day of September to the twentieth day of March,] shall forfeit one dollar for every pickerel or trout so taken, and if he is a minor, his guardian shall be liable to said forfeiture ; but this section shall not extend to any town unless adopted thereby, nor shall it afiect the statutes specially relating to the district of Marshpee. Prosecutions Sect. 3. All prosecutions under the preceding section shall be instituted within thirty days from the time of committing the offence. Penalty for nn- Sect. 4. No person living without this state shall take any loSrJ, &^ m lobsters, tautog, bass, or other fish within the harbors, streams Fairhav'en, &c. or waters of the towns of Fairhaven, New Bedford, Dartmouth and Westport, for the purpose of carrying them thence in ves- sels or smacks, of any size whatever, owned without this state, nor in any of more than fifteen tons burden owned within this state, under a penalty of ten dollars for every ofience and a forfeiture of all fish and lobsters so taken. Boundaries of Sect. 5. For the purposes of the preceding section the wa^ .preceding sec- ters and shores of the towns therein mentioned shall be deemed 'tion. ^Q extend from the line of the state of Rhode Island to the line of the county of Plymouth, and to include all the waters, islands and rocks lying within one mile of the main land. hirarStowiiB Sect. 6. I^ within the harbors, streams or waters of any not to be oar- place on the sea-coast in this state which has adopted chapter habitant's'of'' eighty-five of the statutes of the year eighteen hundred and other states, thirty-nine, according to the provisions of that act, or which of this statefn shall have adopted this section, any person Uving without the isTns"^ "■'"^'^ state takes, for the pui-pose of carrjdng thence, any lobsters, tau- tog, bass, blue fish, or scuppaug, or if any person living within this state takes and carries away from such place any such fish or lobsters in vessels or smacks of more than fifteen tons bur- den, he shall forfeit for each ofience a sum not exceeding twenty dollars and all the fish and lobsters so taken. Lobster fishery Sect. 7. No person shall take lobsters within the waters and of Province- ' shores of the town of Provincetown, for the purpose of caiTying town. them from such waters in, any, vessel or smack of more than fifteen tons burden, or for the purpose of putting the same on board of such vessel or smack, to be transported to any place, unless a permit is first obtained therefor from the select- men of said town, who may grant the same for such sum to be paid to the use of the town, as they shall deem proper. Penalty. Sect. 8. Whoever offends against the provisions of the preceding section shall for each offence forfeit ten dollars ; and if the number of lobsters so unlawfully taken or found on board of any such vessel or smack exceeds one hundred, he shall in addition to said penalty forfeit a further sum of ten dollars for every hundred lobsters so taken or found, and in that proportion for any number over the first hundred. Fisheries, etc. 121 Sect. 9. For the purposes of the two preceding sections waters and the waters and shores of Provincetown shall be deemed to be inceitown, de- as follows, viz. : beginning at Race Point, one-half mUe from "'"^'J- the shore, by said shore to the end of Long Point, which forms the harbor of Provincetown, and from the end of Long Point one-half mile and including the harbor within the town of Prov- incetown. Sect. 10. Whoever, between the iirst day of April and the Penalty for first day of July inclusive, takes more than one hundred pounds fc^'lnsand^"^*' per week of lobsters, tautog, bass or scuppaug in the bays, har- wichand ware- bors, ponds, rivers or creeks of the waters of Buzzard's Bay, jScU and within one mile from the shore and within the jurisdiction of J"'y- the towns of Sandwich and Wareham, shall forfeit a sum not exceeding fifty dollars, to be recovered in an action of tort by the selectmen or any legal voter of the towns of Sandwich or Wareham, to the use of the party suing therefor. Sect. 11. Whoever takes oysters from their beds, or de- Penalty for un- stroys them, or wilfully obstructs their growth therein, in any oy^ers^ l^"^ part of this state, except as is provided in the following sec- tions, shall forfeit for every bushel of oysters (including the shells) so taken or destroyed, the sum of two dollars. Sect. 12. The mayor and aldermen or selectmen of any selectmen, &c., city or town, in which there are oyster beds may give permits in "^^5*^^ ^^^' writing to any person to take oysters from their beds at such times, in such quantities, and for such uses as they shall express in their permits ; and every inhabitant of such city or town may, without such permit, take oysters from, the beds therein, for the use of his family, from the first day of September to the first day of June annually. Sect. 13. Whoever takes any other shell fish from their Penalty for beds, or destroys them, or wilfully obstructs their growth therein othS^sMifi™''^ in any city or town, except as is hereinafter provided, shall for- Amended. See feit for every bushel of such other shell fish (including the of isw!^*' °** shells) one dollar. But the mayor and aldermen or selectmen of each of said places may at all times give permits in writing to any person to take such other shell fish from their beds therein, at such times, in such quantities, and for such uses as they shall express in their permit ; and every inhabitant of each of said places may, without such pei-mit, take such other shell fish from the beds therein, for the use of his family. Sect. 14. If a vessel, boat or craft is found within the limits when vessels of any place arid not owned therein, with oysters on board feo^fon board, taken in such place without such permit or a license granted as may be seized'. hereinafter provided ; or within the limits of any place and not owned therein, with other shell fish on board, taken in such place without a permit ; any inhabitant of the place wherein the vessel, boat or craft is so found trespassing, may seize and de- tain the same not exceeding forty-eight hours, in order that it may in that time be attached or arrested by due process of law to satisfy said fines and forfeitures with costs : provided, that if 16 122 Abstract of Criminal Laws. before the prosecution is instituted the owner or master of the vessel, boat or crafb pays such forfeiture to the treasurer of the city or town in which the same is incurred, the vessel, boat or craft, with the effects therein, shall be discharged. Prohibition^^ Sbct. 15. Nothing contained in the four preceding sections to Indians, &c. shaU bc construed to deprive native Indians of the privilege of Chip^yo' Aclr ^igg™g s^sU fish for their own consumption, or to prevent any of 1867. ' fisherman [an inhabitant of this state,] from taking any quan- tity of shell fish which he may want for bait, not exceeding at any one time seven bushels including their shells, mar^nt'u*"'' Sbct. 16. The mayor and aldermen or selectmen of any censes to plant city Or town may, by writing under their hands, grant a license oysters, See. f^j. g^ ^Q^m not exceeding twenty years to any inhabitant thereof to plant, grow and dig oysters, at all times of the year, upon and in any flats and creeks therein, at any place where there is no natural oyster bed; not, however, impairing the private rights of any person, nor materially obstructing the navigable waters of any creek or bay. J'iribe^flits.^be Sect. 17. Such license shall describe by metes and bounds recorded, &c. the flats and creeks so appropriated, and shall be recorded by the city or town clerk before it shall have any force ; and the person licensed shall pay to the mayor and aldermen or select- men, for their use, two dollars, and to the clerk fifty cents. soMiioens^T Sect. 18. The person so licensed, his heirs and assigns, shall for the purpose aforesaid have the exclusive use of* the flats or creeks described in the license, during the time therein speci- toespassfng"' ^^^ J ^'^^ ^'^^Y i^ ^n action of tort recover treble damages of any person who, without his or their consent, digs or takes oys- ters from such 'flats or creeks during the continuance of the license ; and whoever digs or takes oysters therefrom without such consent shall also forfeit twenty dollars for each offence. No shell flsh Sect. 19. N"o person shall take from the towns of Chatham to^tobe'taken Or Nantucket, or from the south shore of the town of Bamsta- to_chatham, \,Iq ^nd district of Marshpee, any shell fish for bait or other use. Amended. See except clams and a shell fish commonly known by the name of on&?^*' ^"^ horsefeet ; and no quantity exceeding seven bushels of clams, • including the shells, or one hundred horsefeet, shall be taken in one week for each vessel or craft, nor in any case without a per- mit being first obtained from the selectmen of the town. [Chapter 46, Acts of 1860.] An Act to protect the Fishery in Marshpee. fcrtidlen '™"* Sect. 1. No person shall take any trout in Marshpee River, within certain extending to and including all the waters into which said river '"""'" empties from the westerly side as far as the water flows, to a line drawn due east and west across the northerly end of Pop- limits. Fisheries, etc. 123 penessett Island, so called, thence on the same line east to the centre of the channel which forms the line of division between Barnstable and Marshpee, thence by said line of division north- erly, till it meets a line drawn due east fi-om the mouth of Quawker's River, so called, thence west to the mouth of said Quawker's River, and thence by the shore to the said Mai-shpee River, from the fifteenth day of September in each year, to the twentieth day of March in the year next ensuing. Sect. 2. No person, except the proprietors of said district, other restrio- shall take any trout in said river and the waters aforesaid, de- "°*' scribed in the first section, at any time, without a written permit from the treasurer of Marshpee, which shall specify the time when, and the places where, the person holding the same is al- lowed to fish. And no person shall at any time use any other Manner of means of taking trout in said river and waters described as *"''°°sfl8h. aforesaid, than by angling with hooks and lines. Sect. 3. The said district may, by vote in legal meeting, Eeguiations. make any regulations or by-laws respecting said fishery, not re- pugnant to the provisions of this act ; and the income from said fishery shall inure whoUy to said district. Sect. 4. Any person pfiending against the provisions of this Penalty, act, or any regulations or by-laws passed by authority of the third section of this act, shall forfeit and pay a fine of twenty dollars for each and every ofience, to be recovered by prosecu- tion before any trial justice in the county of Barnstable, to the benefit of said district. Sect. 5. Any person who shall have in his possession any Penalty, trout, knowing the same to have been taken from said river, • contrary to the provisions of this act, shall forfeit the sum of fifty cents for every trout so found in his possession. Sect. 6. If any minor shall ofiend against the provisions of Penalty against this act, the parent, master or guardian of such minor shall be ™''""^^' liable, and may be prosecuted accordingly therefor. Sect. 7. The said district, at any regular meeting, with Lease of notice in the warrant that the subject will be acted on, may "'■'^■'y- authorize the selectmen of said district to lease or dispose of the trout or herring fishery belonging to said district, from time • to time, for tenns of time not exceeding twenty years in any one lease, the proceeds to go into the treasury for the benefit of the district ; and they may elect and appoint two or more fish war- Fish wardens, dens to protect said fishery. All prosecutions under this act shall be commenced within one year from the time when the oflTence is committed. Sect. 8. The thirty-sixth chapter of the year eighteen hun- Repealing sec- dred and forty-nine, and the fifth section of chapter one hundred *'°°' eighty-six of the year eighteen hundred and fifty -three, and chapter one hundred and five of the year eighteen hundred and fifty-nine, are hereby repealed. [Approved February 24, 1860. 124 Abstract of Criminal Laws. Taking pro- hibited irom September to April. Permits and conditions. Penalty for violation. ,, [Chapter 58, Acts of 1862.] An Act for the protection of Trout in Maple Spring Pond, in the Town of Wareham, Sbct. 1. No person shall take any trout in Maple Spring Pond, in the town of Wareham, or in the waters running into or flowing therefrom, from the fifteenth day of September in each year, to the fifteenth day of April in the year next ensu- ing ; nor shall any person take any trout therefrom except by hook aind lines, nor without permission of the proprietor or pro- prietors. Sect. 2. Any person offending against the provisions of this act, shall forfeit and pay a fine of one dollar for each trout taken, to be recovered by prosecution before any trial justice in the county of Plymouth. \_Approved March 6, 1862. [Chapter 59, Acts of 1862.] An Act for the protection of Black Bass. Sect. 1. No person shall take any black bass in any fresh water stream or pond, from the first day of December, in each year, to the first day of June in the year next ensuing, or use any other means of taking them than by angling with hooks and lines. Sect. 2. Any person offending against the provisions of this jStKNDED. See act shall forfeit and pay a fine of [not less than two nor more rfim*^' ^'^^ ^^sm. twenty dollars for each offence,] one dollar for each black bass taken, to be recovered by prosecution before any trial jus- tice or police court in the county where the offence is committed. {_Approved March 7, 1862. Taking pro- hibited from December to June. Penalty for violation. Season for taking trout, [Chapter 94, Acts of 1862.] An Act for the protection of Trout in Nye's Pond, in the Town of Sandwich. Sect. 1. No person shall take any trout in Nye's Pond, in Sandwich, or the stream running therefrom to Jeremy's Creek, so called, from the first day of August in each year, to the first Mode of fishing, day of April in the year next ensuing; nor shall any person take Kestriction. any trout therefrom except by hook and line ; nor shall any per- son enter upon the land bordering upon said pond or stream, at any season. of the year for the purpose of^ taking trout, without the written permission of the proprietors. Penalty. Sect. 2. Any person offending against the provisions of this act, shall forfeit and pay a fine of one dollar for each trout taken, to be recovered by prosecution before any trial justice in the county of Barnstable. ^Approved March 27, 1862. Fisheries, etc. 125 [Chapter 161, Acts of 1862.] / An Act to limit the Time for Taking or Catching Trout. The second section of the eighty-third chapter of the Gen- *'j™*''^g|^^ eral Statutes is hereby amended, by inserting after the word " May," the words " or any trout from the tenth day of Septem- ber to the tenth day of March." [Approved April 28, 1862. [Chapter 62, Acts of 1864.] An Act to protect the Shad Fishery in the Connecticut River. Sect. 1. No person shall set, draw Or./'sweep any seine or use of certain net, the meshes of which are less than two and one-fourth inches "etween'the^ist square when new and dry, for the purpose of catching shad or May and istii any other fish, in that part of the Connecticut River which is ''" within the limits of this Commonwealth, and below the dam across said river at Holyoke, between the first day of May, and the fifteenth day of July, during each year. Sect. 2. Every person violating the provisions of the pre- penalty for ceding section, shall be liable to a fine of not less than ten, nor ""i"*!™- more than fifty dollars for each offence, to be recovered in any court competent to try the same ; one-half of said fine to inure to the .use of the town in which the ofience shall be committed, and the other half to the person who shall prosecute therefor. Sect. 3. This act shall take effect upon its passage. [Ap- proved March 2, 1864. [Chapter 150, Acts of 1864.] An Act to protect the Trout Fishery in Marshpee. Sect. 1. No person shall take any trout in Quashnet River, Fishery in in the district of Marshpee, from the fifteenth day of September, ?e" triited ^™'' in each year, to the twentieth day of March, in the year next ensuing. Sect. 2. No person except the proprietors of said district specific permits shall take any trout in said river without a written permit from of'Sstrict'"^*''^ the treasurer of Marshpee, which shall specify the time when, required, and the place where, the person holding the same is allowed to fish ; and no person shall at any time use any other means of taking trout in said river, than by angling with hook and line. Sect. 3. The said district may, by vote in legal meeting. District may with notice in warrant to that efiect, make any regulations or regulate and in- come iniirc t o by-laws respecting said fishery not repugnant to the provisions of this act ; and the income from said fishery shall inure wholly to said district. Sect. 4' Any persons offending against the provisions of this Penalty for act, or any regulations or by-laws passed by authority of the ""•"*'«'"'• 126 Abstract of Criminal Laws. Penalty for receiving trout. Fish-wardens. Prosecutions. Act when in force. third section of this act, shall forfeit and pay a fine of twenty dollars for each offence, to be recovered by prosecution before any trial justice in the county of Barnstable, for the benefit ot said district. Sect. 5. Any person who shall receive any trout, knowing the same to have been taken from said river, contrary to the provisions of this act, shall forfeit the sum of fifty cents for every trout so received. Sect. 6. Said district, at any regular meeting, with notice in the warrant to that effect, may elect and appoint two or more fish-wardens to protect said fishery. All prosecutions under this act shall be commenced within one year from the time when the offence is committed. Sect. 7. This act shall take effect upon the first day of May next. lAjoproved April 13, 1864. Fisheries in Mystic Biver, regulations extended to Winchester. [Chapter 234, Acts of 1864.] An Act in relation to Fisheries in the Town of Winchester, Sect. 1. All acts heretofore passed for the preservation of fish and the regulation of fisheries in the Mystic River, shall ex- tend to the town of Winchester, and to all the popds and streams therein ; and the committee for the preservation of fish in said town, shall have full powers to remove all obstructions to the passage of fish therein, during the time fixed by law for the jfree passage of fish. Construction of Sect. 2. Nothing in this act shall be construed to affect any *°'' of the provisions of the act, entitled " An Act for supplying the city of Charlestown with Pure Water," approved March twenty- eighth in the year eighteen hundred and sixty-one. Sect. 3. This act shall take effect upon its passagfe, [_Ap- proved May 12, 1864. Seining forbid- den except with permission of selectmen. Penalty. [Chapter 259, Acts of 1864.] An Act to regulate Seining in the Harbor of Mattapoisett. No person shall set, draw or use any seine or net in the har- bor of Mattapoisett or the waters flowing into said harbor, within a Une drawn from Strawberry Point, on the easterly side of said harbor, to the most southerly point of Mattapoisett Neck, on the Westerly side of said harbor, without the permission of the selectmen of Mattapoisett; and any person offending against the provisions of this act, shall forfeit and pay the sum of twenty dollars for each offence, to be recovered by complaint before any trial justice, for the use of the complainant. \ Approved May 13, 1864. Fisheries, etc. 127 [Chapter 238, Acts of 1866.] An Abstract of Act concerning Obstructions to tbe Passage of Fish in the Connecticut and Merrimack Rivers. Sect. 1. The governor,. by and with the advice and consent appScom- of the council, is hereby authorized to appoint two persons to misnion. be commissioners of fisheries in the Mernmack and Connecticut Rivers, who shall hold said office for the term of five years, un- Tenure. less sooner removed therefrom. And in case of any vacancy in said board, the governor shall have power to fill the same. Sect. 2. Said commissioners shall forthwith examine the commisBioners several dams on said rivers in this Commonwealth, and shall, damfanideter- after notice to the owners of said dams, determine and define mine construo- the mode and plan upon which fishways shall be constructed ways. suitable and sufficient in their opinion to secure the free passage of salmon and shad up said rivers during their accustomed sea- sons. Sect. 15. Any person who shall neglect or refuse to keep Penalty for re- open or maintain any fishway at the times prescribed by the to maintain or commissioners under this act, shall forfeit the sum of fifty dol- keep^ open Ash- lars for each day's neglect or refusal so to keep open or maintain fishways, to be recovered by indictment in the county where said dam, or any part thereof, is situated, one-half thereof to the use of the complainant and the other half to the use of the Common wealtli . Sect. 16. This act shall take eflfect on its passage. [Ap- proved May 15, 1866. [Chapter 249, Acts of 1866.] Ak Act for the Protection of Trout and Black Bass. Sect. 1. Whoever takes or catches any trout in any rivers, Penalty for streams or ponds, between the twentieth day of September and Sg troat,'s^^t. the twentieth day of March, or within the time aforesaid sells, "o to Mar. 20. buys or has in his possession any trout so taken within this state, shall forfeit one dollar for each trout so caught or taken, sold, bought or had in possession. Sect. 2. Whoever shall take or Catch any fish called black '^^^^fj'^j^^^g bass in any of the ponds within the limits of this Common- 1, except with wealth, from the first day of December to the first day of June, •"™*' or at any time except with hook and Une, shall forfeit a sum not less than two nor more than twenty dollars for each offence, to be recovered by prosecution before any court competent to try the same. Sect. 3. In all prosecutions for forfeitures under the provis- ^aots, haw eon- ions of this act, the fact of sale, purchase or possession shall be ' "^"'^ ' evidence that the trout or black bass so sold, purchased or had in possession were taken within this state. [Approved May 22, 1866. 128 Shcll-fish for bait may be taken only by inhabitant of State. Abstract of Criminal Laws. [Chapter 70, Acts of 1867.] An Act to amend Section fifteen of Chapter eighty-three of the General Statutes, in relation to the Fisheries. Sect. 1. Section fifteen of chapter eighty-three of the Gen- eral Statutes, is hereby amended by inserting the words, " an inhabitant of this state," after the word fisherman, in the third line. Sect. 2. This act shall take efifect upon its passage. [-Ap- proved March 16, 1867. [Chapter 149, Acts of 1867.] An Act for the Restocking of Mystic River and its tributaries with Pish. Sect. 1. The right to take alewives or shad from the IVIystic River or its tributaries, or from Mystic Pond, shall be and hereby is suspended for the period of five years next ensuing, and no net, seine or weir shall be set therein during said period. Sect. 2. Any person violating the provisions of this statute shall forfeit one dollar for every alewife or shad so taken. Sect. 3. All prosecutions under this act shall be commenced within thirty days from the time of committing the offence. Sect. 4. The several " committees for the preservation of fish " of the towns of Medford, Somerville, "West Cambridge, or Winchester may remove and destroy any and all nets, seines or weirs found in said waters during the said period of five years. [Approved April 13, 1867. Eight to take fish from river or pond sus- pended for five years. Penalty for taking shad or alewife. Amended. See Chap. 128, Acts of 1868. Prosecutions, limitation of time for. Town "com- mittees" may destroy nets, seines, and Weirs. Amended. See Chap. 128, Acts of 1868. [Chapter 237, Acts of 1867.] An Act to protect the Oyster Fishery in Monument River. Sect. 1. "Whoever takes any oysters from Monument River in the town of Sandwich, at any time previous to the first day of October in the year eighteen hundred and sixty-eight shall forfeit the sum of five dollars for each offence ; and if the quan- tity of oysters taken exceeds one bushel, he shall forfeit the sum of five dollars for each bushel and any fraction of a bushel so taken. Sect. 2. The inhabitants of the town of Sandwich, at a Tt^'^th^^t^"" l^g^^ meeting held for the purpose, may make regulations con- ' ceming the taking of oysters in said river after said first day of October ; and whoever takes any oysters from said river con- trary to the regulations so made, shall be subject to the same Penalties, how penalties as are provided in the preceding section. The penal- ties provided in this act may be recovered by complaint or in- dictment in any court of competent jurisdiction. Sect. 3. This act shall take effect upon its passage. [Ap- proved May 15, 1867. Penalty for taking oysters before first October, 1868. Town of Sand- recovered. Fisheries, etc. 129 [Chapter 258, Acts of 1867.] An- Act concerning the Taking of Shell-fish in the Town of Barnstable. Sect. 1. The provisions of the thirteenth and nineteenth &^-?''i*J^i sections of the eighty-third chapter of the General Statutes, are north and har-° hereby extended to the north shore of the town of Barnstable, ^"^ shores. and the shores of Barnstable harbor. Sect. 2. This act shall take effect upon its passage. \^Ap- proved May 20, 1867. [Chapter 110, Acts of 1868.] An Act for the protection of Trout in Grist-Mill Pond, in the Town of Wareham. Sect. 1. No person shall take any trout from Grist-Mill Trent not tote pond, near the Parker Mills Iron Works, in the town of Ware- GrietimiPond ham, or the waters running into the same, at any time of the ^nt of^proori- year, without permission of the proprietor or proprietors of said etors. pond and waters. Sect. 2, Any person offending against the provisions of this Penalty, act, shall forfeit and pay a fine of one dollar for each trout taken, to be recovered by prosecution before any trial justice in the county of Plymouth. [^Approved April 10, 1868. [Chapter 128, Acts of 1868.] An Act to amend " An Act for the Re-stocking of Mystic River and its Tributaries with Fish." . Sect. 1. The one hundred and forty-ninth chapter of the Act amended acts of the year one thousand eight hundred and sixty-seven, MysScfK^'er'^ entitled " An Act for the re-stocking of Mystic River and its wfth flah. tributaries with fish," is hereby amended by adding to the sec- ond section thereof the words following, viz. : ^'■provided, that Proviso, the several committees for the preservation of fish mentioned in the fourth section, may take such fish as may be required to re- stock the said river and tributaries ; " and also, by adding to the fourth section, after the word " Cambridge," the word " Wobum." Sect. 2. Any person who shall place or cause to be placed penalty for in the waters of Mystic River or of its tributaries, or of Mystic ftaMel ilJfuri- Pond, or who shall cause to flow into said waters, any substance ous to ssh in' which may destroy or injure the fish therein, shall be punished ^l^i^ ^'™'' '"' by a fine not exceeding fifty dollars for each offence. [^Approved April 16, 1868. 17 130 Abstract of Criminal Laws. Aleirlves and sbad not to be taken from Ips- wich Eirer or Wenham Fond for three years. Penalty. When prosecu- tions to com- mence. [Chapter U7, Acts of 1868.] As Act for the Re-stooking of Ipsif ich Eiyer and its Tribu- taries T(^th pish. Sect. 1. The right to take alewives or shad from Ips^^ch River or its trihutaries, or from Wenham Pond, shall be and is hereby suspended for the period of three years next ensuing, and no net, seine or weir shall be set therein during said period. Sect. 2. Any person violating the provisions of this statute sh^l forfeit one doUar for every alewive or shad so taken. Sect. 3. All prosecutions under this act shall be commenced within thirty days form the time of committing the offence. [Approved April 29, 1868. Smelts not to he caught between first days of February and Hay. To he caught by hooks, lines or hand nets, at other seasons- Penalty. Proviso. Ambhded. See Chaps. 61 and 75, Acts of 1S69. Fish may be taken at any time for artifi- cial propaga- tion. When prosecu- tions to com- mence. [Chapter 179, Acts of 1868.] As Act for the Protection of Smelts. Sect. 1. Whoever catches any smelt from the first day of February to the first day of May in each year, in any manner whatever, or at any season of the year in any other manner than by hooks and lines or hand nets, shall forfeit twenty-five cents for each smelt so caught, to be recovered by prosecution before any trial justice or court competent try the same : pro- vided, that nothing herein contained shall apply to any person catching smelt in any seine or net in Taunton Great River, while fishing for herring or alewives. Sect. 2. The commissioners of river fisheries may take any kind of fish at any time for the purpose of obtaining spawn for artificial propagation of fish. Sect, 3. All prosecutions under this act shall be instituted within thirty days from the time oif committing the offence. Approved, May 4, 1,868, Trout protected in Merrill Fond, in Wendell. Penalty for Tiolatlon. [Chapter 289, Acts of 1868.] As Act for the protection of Trout in the Merrill Pond in the Town of Wendell. Sect. J. No person shall take any trout from the Merrill Pond, on the old Wendell town farm, in the town of Wendell, or the waters running into the same, at any time of the year, without permission of the proprietor or proprietors. Sect. 2, Any person offending against the provisions of this act shall forfeit and pay a fine of one dollar for each trout taken, to be recovered by prosecution before any trial justice in the county of Franklin. \Approved June 4, 1868. Fisheries, etc. 131 [Chapter 290, Acts of 1868.] An Act to protect Trout in Jones' Mill Creek in the Town of Barnstable. Sect. i. No person shall take any trout in Jones' mill creek, Trout protected in the town of Barnstable, from its source to the junction with creet, in Bam- Scorton creek, and within two hundred yards of said junction, ''able. on either side thereof, from the first day of August in each year, to the first day of April in the year next ensuing ; nor shall any person take any trout therefrom except by hook and line ; nor shall any person enter upon the land bordering upon said pond or stream, at any season of the year, for the purpose of taking trout, without the written permission of the proprietors. Sect, 2. Any person offending against the provisions of this Penalty for act, shall forfeit and pay a fine of one dollar for each trout taken, '"<''**'<"'• to be recovered by prosecution before any trial justice in the county of Barnstable. Sect. 3. This act shall take effect upon its passage. \_Ap- proved June 4, 1868. [Chapter 64, Acta of 1869.] An Act concerning Fisheries in Bass River in the County of Barnstable. Sect. 1, The provisions of chapter one hundred and sev- Chapter 179 of enty-nine of the acts of the year eighteen hundred and sixty- Ji^tS Yar-*''' eight, shall not apply to the lessees of the towns of Yarmouth g°°*^ ^* and Dennis, while fishing for perch or alewives in Bass River or ^°°"' its tributaries. Sect. 2. This act shall take effect upon its passage. \_-Ap- proved March 10, 1869. [Chapter 75, Acts of 1869.] An Act relating to the Fisheries in Dukes County. Sect. 1. Chapter one hundred and seventy-nine of the acts chapter 179 of of the year eighteen hundred and sixty-eight shall not apply to ifS^j^Duke?'' any person catching smelts ia any seine or net in any of the County, when waters in Dukes County, while fishing for herring or alewives. rf^l/" ^^^' Sect. 2. This act shall take effect upon its passage. \_Ap- prmed March 17, 1869. [Chapter 76, Acta of 1869.] An Act to extend the Provisions of the Act of the year Eighteen Hundred and Sixty-eight to Regulate Fishing in Connecticut River. Sect. 1. Any person who shall take, or aid or assist in £ak- Penalty for tak- ing, from the Connecticut River, any shad at any other time {wmS March 15 and June IS. 132 Abstract of Criminal Laws. than between the fifteenth day of March and the fifteenth day of June in each year, shall forfeit and pay for each ofience the Penalty for tak- Sum of one hundred dollars ; and any person who shall take, or iny toS°before ^^*^ °^ assist in taking, from the Connecticut River, any salmon March 15, 1872. before the fifteenth day of March, in the year one thousand eight hundred and seventy-two, shall forfeit and pay for each ofience the sum of fifty dollars. Commissioners Sect. 2. Ifothing in tHs act Contained shall apply to the may take flsh. taking of any fish by order of the fish commissioners, for the purpose of the natural or artificial propagation of the same. Seines not tote Sect. 3. N"o person shaU Set Or draw, or shall assist or aid bet^ee^n^sunset ii Setting Or draAving, any net or seine for the purpose of taking ""(fsunrisYon ^^^ '^^ *^® Connecticut River, at any time between the setting Monday. of the sun On Saturday evening of each week and the rising of Weirs, pounds, the sun On the succeeding Monday morning ; and the owners of open during^^* all weirs, pounds and set-nets of any description, placed in the same period, waters of Said river, shall cause the same to be and remain open and free for the passage of fish during said period in each week. Penalties. in such manner as to satisfy the fish commissioners. And every person who shall violate the provisions of this section, and every person owning or controlling, in whole or in part, any pound or weir, and failing to comply with the requirements of this section, shall forfeit and pay the sum of four hundred dol- lars to the treasurer of the state for each offence ; and any per- son setting or using, or aiding or assisting in setting or using, any pound, weir or set-net in said river, between the fifteenth • day of March and the fifteenth day of June in each year, the meshes whereof are less that five inches in extent, shall also forfeit and pay the sum of four hundred dollars for each ofience, and such pounds, weirs and set-nets shall be forfeited to the Commonwealth. Fish wardens to Sect. 4. The mayor and aldermen of any city and the se- be appointed, iggtmen of any town bordering on the Connecticut River, shall appoint and fix the compensation of one or more suitable per- sons as fish wardens within their respective cities and towns, who shall make complaint of all ofiences under this act. Bepeai. Sect. 5. Chapter one hundred and thirty of the acts of the year eighteen hundred and sixty-eight is hereby repealed, \_Approved March 17, 1869. [Chapter 172, Acts of 1869.] An Act to regulate the Oyster Fisheries and the Seining of Fish in Cole's River and Lee's River in Swansea. Oysters in Sect. 1. No person shall take any oysters from their beds Eiver7ta ^^^'' in Cole's River or Lee's River, within the Hmits of the town of Swansea. Swansea, unless he is authorized to take the same in the manner provided by this act. Fisheries, etc. 133 Sect. 2. Whoever takes any oysters from their beds in Ja™fuila^gf' Cole's River or in Lee's River, within the limits of the town of ^^ " Swansea, in violation of the provisions of this act, shall pay a fine of not less than five dollars nor more than fifty dollars and cost of prosecution ; and five dollars, to be paid to the complain- ant, shall be taxed and allowed in addition to all other legal costs, in each case, when a fine is imposed under this act. Sect. 3. Any householder who is an inhabitant of the town Householders of Swansea, may take or cause to be taken from said beds, for blfshefs'a *^'' the use of himself and family, not exceeding two bushels of month, oysters during any one calendar month ; but the selectmen of selectmen may the town may at all times give permits in writing to any inhab- grant pemits -. . J. a iii ij- -TIT- 11 to mhabitants itant 01 Swansea to take oysters from said beds, in such places, to take oysters in such quantities and for such uses as they shall express in their ™anti^8? permit : provided, that such permit shall not interfere with rights proviso, and privileges that may have been granted or sold under the authority hereinafter given. Sect. 4. The town of Swansea, in its corporate capacity, Swansea to shall have the exclusive right to and control of the residue of rS to oyster the oyster fisheries in Cole's River and in Lee's River, within flsneries. its limits ; and the selectmen of the town, acting in its behalf. May seu right shall use all reasonable means to enforce the provisions of this fo/tenn^not'' act, and shall have the right, from time to time, to sell to any exceeding five person, at public or private sale, for any term not exceeding five ^^*"' years, the privilege of taking oysters from their beds therein, at such times and places, and under such regulations as they may in writing permit and designate ; and all moneys arising there- Proceeds to be from shall be paid to the treasurer of said town for its use. But ^^asury! *°^° at any legal meeting called for the purpose, the town may, by vote, direct the limit and extent to which the selectmen shall thereafter exercise the powers herein conferred. A record of Eecord to be the doings of the selectmen, under the provisions of this act, ^'^p'' shall be kept by the town clerk. Sect. 5. In addition to the penalties herein prescribed, any Additional pen- person who takes oysters from their beds in violation of the pro- oy^tlrsun^Tl;? visions of this act, shall be held to pay the town of Swansea fuiiy. treble the value of the quantity so taken, to be recovered in an action of tort. Sect. 6. Any deputy-sherifi" of the county of Bristol, con- Persons unlaw - stable or selectman of Swansea, may, without warrant, arrest ^^Im^ielt any person whom he finds in the act of taking oysters from rested without their beds in violation of the provisions of this act, and detain " ^'^''''''*- him in some place of safe keeping until a warrant can be pro- cured against said person upon a complaint for said ofience : ^ro- Proviso. vided, that such detention without warrant shall not exceed twenty-four hours. Sect. 7. If a vessel, boat, craft or vehicle of any kind, vessels may be whether on land or water, is found in the town of Swansea, ||lnld *°'* with oysters on board thereof, taken from their beds in Cole's River or Lee's River,' in violation of the provisions of this act, 134 Abstract of Criminal Laws. any inhabitant of the town of Swansea may seize such vessel, boat, craft or vehicle, and detain the same not exceeding forty- eight hours, in order that it may in that time be attached by due process of law, to satisfy all damages due to said town from the person or persons by whom such oysters were so taken. But if such vessel, boat, craft or vehicle shall not be attached, the person seizing and detaining the same may return it to the place where it was seized, as near as practicable, within said period of forty-eight hours ; and the fact that oysters so taken in violation of this act, were on board thereof at the time of the seizure, shall in all cases be a sufficient justification for such Proviso, seizure and detention : provided, that if before any action at law is instituted, the owner or person found in possession of such vessel, boat, craft or vehicle pays such damages to the treasurer of the town of Swansea, the same, with the effects therein, shall be released by the person so seizing, upon being shown the receipt of the treasurer, or other reasonable evidence of such payment. Provisions of Seot. 8. Nothing contained in this act shall be construed to uteTreiatingto alter Or change the provisions of the sixteenth, seventeenth and pfantinV &c eighteenth sections of the eighty-third chapter of the General oysters, not ' Statutes, relating to granting licenses to plant, grow and dig or Kighf ^ol'' native t*^^ oysters ; nor shall it be construed to alter or change the infflMis not af- provisions of the fifteenth section of said chapter, relating to the right of native Indians to take shell-fish, as therein pro- vided, meniaden'' not Sect. 9. No person shaU sot, draw or use any seine, net or to be taken by weir for taking fish, except menhaden, in Cole's River, within net or weir. ^^ limits of the town of Swansea, nor in Lee's River, within Penalty. the limits of the towns of Swansea and Somerset. Whoever violates the provisions of this section shall pay a fine of not less than fifteen dollars nor more than fifty dollars. Sect. 10. This act shall take effect upon its passage. \_Ap- proved April 17, 1869. [Chapter 235, Acts of 1869.] An Act for the Protection of Trout in Avery Brook, in the Towns of Charlemont and Heath. Trout not to be Sect. 1. Whoever, without a written license from the own- Avery Brook ^^^ °^ Icssees of Aveiy Brook, or its tributaries, takes any trout vrithoutucense. therefrom within the limits of either of the towns of Charle- Penaity. mont or Heath, shall forfeit and pay a fine of twenty-five dollars for every such offence, to be recovered before any trial justice, or in any court of record in the county of Franklin. Notices of this Sect. 2. The foregoing section shall be without effect unless aMes^to't*^™' ^^^ owners or lessees aforesaid shall erect and maintain notices of this act and its penalties, painted or engraved in clear, legi- Insurance Brokers. 135 ble letters ; said notices to be erected mthin one hundi-ed rods ff^j^^^^' of each other, throughout the entire length of said brook and its " tributaries, and on or near the banks thereof, within the boun- daries of the aforesaid towns. Sect. 3. Whoever destroys, injures or defaces any such Penalty for de- notices so erected, shall forfeit and pay for every such offence a ^^^"^ '"'*'°*^- fine of twenty-five dollars, to be recovered in the same manner as provided in section one of this act. [^Approved May 6, 1869. ADULTERATED COMMERCIAL FERTILIZERS. [Chapter 63, Acts of 1869.] An Act to prevent the Manufacture and Sale of Adulterated Commercial Fertilizers. Sect. 1. Commercial fertilizers sold or kept for sale in this To be labeUed Commonwealth, shall have afSxed to every bag, barrel or paxcel Sunufactarer, thereof, a printed label, which shaU specify the name of the *">■ m.anufacturer or seller, his place of business and the constituent parts of said fertilizer, together with a statement of the per- centage which each constituent part bears to the whole mass. Sect. 2. Whoever manufactures, sells or keeps for sale. Penalty for sell- commercial fertilizers not labelled in accordance with the pro- Sfei?*''""* visions of the first section of this act, or who shall affix thereto labels not truly specifying the constituent parts of the fertilizers, shall be punished by a fine of ten dollars for the first and twenty dollars for the second and each subsequent offence. \^Approved March 10, 1869. INSURANCE BROKERS. [Chapter 93, Acts of 1869.] Ak Act concerning Insurance Brokers. Sect. 1. Whoever acts or aids in any manner in negotiating insurance bro- contracts of insurance, or placing risks,_ or effecting insurance, B^tutesf'* "''"" for any person other than himself, receiving compensation there- for, and is not the officer, agent or sub-agent of the company or companies in which such insurance is effected, shall be deemed to be an insurance broker. 136 Abstract of Criminal Laws. Not to act with- out authority from insurance commissioner. Proviso. Certificates of authority to act to terminate April 1, annu- ally. Fee. Penalty. Sect. 2. No person shall act as an insurance broker until he has procured a certificate of authority so to act, from the in- surance commissioner. Such certificate shall authorize the per- son named therein to negotiate contracts of insurance, or place risks, or efiect insurance with any insurance company established in this Commonwealth, or its agents, and with the agents of any insurance company not incorporated in this Commonwealth, which has complied with all of the laws thereof, and is duly authorized to do business therein : provided, such agents have duly given bond to make returns and pay taxes, and have com- plied with all other requirements of said laws. "Whoever assumes to act as an insurance broker otherwise than as aforesaid, shall be held to be an insurance agent, and subject to all the duties, requisitions, liabilities and penalties set forth in the. laws relating to such agents. [NOTB. — For liabilities of Insurance Agents, see chapter 58, General Statutes.] Sect. 3. The insurance commissioner shall grant certificates of authority as aforesaid, which shall contraue in force until the first day of April next after the date thereof, and shall be re- newed on said day and annually thereafter. For each certificate so granted, and for each renewal thereof, there shall be collected and paid into the treasury of the Com- monwealth, the sum of ten dollars. Sect. 4. Whoever violates any of the provisions of this act, shall be punished by a fine not exceeding five hundred dollars. lApproved March 20, 1869. PETROLEUM AND ITS PRODUCTS. [Chapter 285, Acts of 1866.] An Act concerning the Manufacture, Storage and Sale of Pe- troleum and its Products. ^"ii'Jjngsia Sect. 1. Crude petroleum, or any of its products, may be ilum, &e.,'may Stored, kept, manufactured or refined, in detached and properly ke^,"how'con- ventilated buildings, specially adapted to the purpose and sur- struoted. rounded by an embankment so constructed as to effectually pre- vent the overflow of said petroleum or any of its products be- yond the premises on which the same may be kept, manufac- tured or refined ; said buildings to be occupied in no part as a dwelling, and if less than fifty feet from any other building, must be separated therefrom by a stone or brick wall at least ten feet high and sixteen inches thick. Petroleum and its Products. 137 Sect. 2. No person sliall manufacture, refine, mix, store or Not ^^^r^sra ^^ keep any oil or fluid . composed wholly or in part of any of the one locaMty, ex^ products of petroleum, in a greater quantity than five hundred ^^t,o„fucenBe. gallons, in any one locality in any city or town in this Common- wealth, except as provided in the first section of this act, with- out a license first having been obtained from the mayor and aldermen of such city, or the selectmen of such town, and in said license there may be expressed the manner and portion of any locality or builmng in which said articles may be mixed, stored or kept ; and whoever mixes, stores or keeps said articles Penalty for vio- in a greater quantity than five hvmdred gallons in any one local- '**'™- ity, except as aforesaid, without having first obtained a license as herein required, or having obtained such license, mixes, stores or keeps said articles in a different manner, or in any other por- tion of said locality or building than is expressed in said license, shall forfeit and pay a sum not exceeding five hundred dollars, to be recovered in any appropriate form of action to be instituted by the city or town where said articles are so mixed, stored or kept ; and the license granted in accordance with the provisions License, of this act, shall continue to be in force from the time of grant-' ing the same until the first day of April next succeeding, unless sooner revoked ; and said license shall be revokable at all times by the authorities granting the same. Sect. 3. The city council of any city, or the selectmen of Municipauties any town, may adopt such rules and regulations, not inconsistent SiT^x^penai^ with the provisions of this act, as they may deem reasonable, in w^s. relation to the manufacture, mixing, storing, keeping or seUing, within the limits of such city or town, of any of said products, and may afiix penalties for breaches thereof, not exceeding fifty dollars for each offence, reasonable notice of which shall be given to all concerned. Sect. 4. Chapter two hundred and forty-four of the acts of ^^p^*'- the year eighteen hundred and sixty-five, is hereby repealed. lApproved May 29, 1866. [Chapter 286, Acts of 1867.] An Act regulating the Sale of Coal and Petroleum Oils. Sect. 1. The mayor and aldermen of any city, or the select- cities and men of any town, where oils are manufactured from coal or faSe^or^X' petroleum, and the mayor and aldermen of any city and the shall appoint selectmen of any town where oils are sold but not made, and IS^^'pay?'^ ""^^ where five or more inhabitants petition for the same, shall ap- point annually one or more suitable persons, not interested in the sale or manufacture of said oils, as inspectors thereof, and fix their compensation, to be paid by the parties requiring the services of said inspectors. Sect. 2. Every inspector, before entering upon the duties of inspector shall 18 138 Abstract of Criminal Laws. when ealled act promptly with nre-test. Penalty for de- ceit or negli- gence. If person mix or so sell naph- tha and oils, to ignite under 110° heat, ex- cept for re- making. Liability for damage so caused. Oils deemed mixed with naphtha de- fined. Fenalhr if per- son olrer naph- tha under name of oil. Prosecution for violating this act; any officer may cause. Act of 1866, ch. 262, repealed. his office, shall be duly sworn, and when called npon by any manufacturer, refiner, vendor, purchaser or by any officer men- tioned in the sixth section of this act, to test such oils, shall do so with all reasonable despatch, by applying the fire-test, as in- dicated and determined by G. Tagliabue's pyrometer, or some other instrument equally accurate. Any imposter guilty of fraud, deceit or culpable negligence in inspecting such oils, shall be punished by fine not exceeding one hundred dollars, or im- prisonment in the county jail or house of correction not exceed- ing one month, or both, in the discretion of the court. Sect. 3. N"o person shall mix for sale, naphtha and illumi- nating oils, or shall sell or offer for sale such mixture, or shall sell or offer for sale, except for purposes of re-manufacture, illuminating oils made from coal or petroleum, which will ignite at a temperature of less than one hundred and ten degrees Fahrenheit, to be ascertained by the application of Tagliabue's or some other approved instrument ; and any person so doing, shall be held to be guilty of a misdemeanor, and shall for each offence, upon conviction thereof, be liable to the same penalties provided in the second section of this act against inspectors ; and shall also be liable therefor to any person suffering damage from the explosion or ignition of such oil thus unlawmlly sold, and such oil thus unlawfully sold or kept or offered for sale, and the casks or packages containing the same, shall be forfeited and sold for the purposes of re-manufacture ; one-half of the proceeds of such sale to go to the Commonwealth and the other half to the informer. Sect. 4. For all the purposes of this act, all Uluminating oils made from coal or petroleum, having all igniting point of less than one hundred and ten degrees Fahrenheit, to be deter- mined in the inanner provided in the third section of this act, shaU be deemed to be mixed with naphtha. Sect. 5. Any person who shall sell, or keep or offer for sale naphtha under the name of oil, shall, for each offence, upon con- viction thereof, be liable to the same penalties provided, and shall be subject to the same liabilities set forth, in the second and third sections of this act. Sect. 6. The selectmen of the towns and the mayors, alder- men and police of the cities in which inspectors are appointed in conformity with the first section of this act, or any one of said officers, within their respective towns and cities, and the members of the state police, or any of them, shall cause all per- sons violating any of the provisions of this act to be prosecuted therefor. Sect. 7. Chapter two hundred and sixty-two of the acts of the year eighteen hundred and sixty-six is hereby repealed. Sect. 8. This act shall take effect upon its passage. [^Ap- proved May 29, 1867, Petroleum and its Products. 139 [Chapter 152, Acts of 1869.] As Act to provide for the Storage, Sale and Inspection of Petroleum and its Products. Sect. 1. The mayor and aldermen of every city, and the inspectors of selectmen of eveiy town of more than fifteen hifndred inhabi- ^ppoM"e".*° tants, and of every town of less than fifteen hundred inhabi- tants upon the written application of five or more citizens of such town therefor, shall appoint, annually, one or more suita- ble persons, not interested in the sale of crude petroleum, or in the sale or manufacture of petroleum, earth rock oil, or in any of their products, to be inspector or inspectors thereof in said Compensation, city or town, and fix their compensation, to be paid by persons requiring their services under the provisions of this statute, and who before entering upon the duties of their office shall be duly sworn. Any inspector guilty of fraud, deceit, or culpable neg- Penalty on in- ligence in the performance of his duties, shaU be punished by iSd^o/negii- fine not exceeding one hundred dollars, or imprisonment in the gence. county jail or house of correction not exceedmg one month, or by both, in the discretion of the court. Sect. 2. 'So person shall mix for sale, naphtha and iUumi- Mixture of nating oUs, or shall sell or ofier for sale such mixture, or shall jjfu^tttng sell or offer for sale, except for purposes of re-manufacture, Ulu- oils regulated, minating oils made from coal or petroleum, which will evapo- rate a gas under one hundred degrees Fahrenheit, or ignite at a temperature of less than one hundred and ten degrees Fahren- heit, to be ascertained by the application of TagUabue's or some other approved instrument ; and any person so doing shall for Penalty for vio- each offence be punished by fine or imprisonment, as provided in the first section here9f; and shall also be liable therefor, to Jf^^^i^g^n*^* any person suffering damage from the explosion or ignition of &c. such oil thus unlawfully sold or kept, or offered for sale ; and '^^^P^'iJ^f "^ such oil thus unlawfully sold or kept, or offered for sale, and the Mted? ^ " casks or packages containing the same, shall be forfeited and sold, one-half of the proceeds of such sale to go to the Com- monwealth and the other half to the informer. Sect. 4. For all the purposes of this act, all illuminating oils unsafe for oils made from coal or petroleum having an igniting point of pn"rpo"^skfbe less than one hundred and ten degrees Fahrenheit, to be deter- ^° branded, mined in the manner provided in the second section of this act, shall be deemed to be mixed with naphtha, and shall be branded unsafe for illuminating purposes. Sect. 4. Any person who shall sell, or keep or offer for sale. Penalty for seii- naphtha under any assumed name, shall for each offence upon un^CT^^*sumed conviction thereof, be liable to the same penalties provided, and name, shall be subject to the same liabilities set forth in the first two Sections of this act. Sect. 5. Crude petroleum, or any of its products, may be Crude petro- stored, kept, manufactured or refined in detached and properly prodlicts^ how ventilated buildings specially adapted to the purpose, and sur- to be stored, scc. 140 Abstract of Criminal Laws, Penalty for vio- lation. Not to be manufactured, stored, &o., without license from municipal authorities. License to ex- press manner and locality in which such oils may be stored. Penalty for storing, &c., without license, &c. License to ex- pire annually on first of April, and revocable at all times. Search warrant may be issued upon complaint of selectmen, &c. By whom to be served. Oils not to re- main in street, &c., more than rounded by an embankment constructed so as to effectually prevent the overflow of said petroleum or any of its products beyond the premises on vrhich the same may be kept, manufac- tured or refined : such buildings to be occupied in no part as a dwelling; and^if less than fifty feet fi-om any other building, must be separated therefrom by a stone or brick wall at least ten feet high and twelve inches thick ; and any person keeping such articles in any other kind of building, except such as is hereinafter provided in the sixth section hereof, shall be pun- ished by fine or imprisonment, in the manner provided in the first two sections hereof. Sect. 6. No person shall manufacture, refine, mix, store or keep for sale, any oil or fluid composed wholly or in part of any of the products of petroleum, in any city or town, except as provided in the fifth section of this act, without a license first having been obtained fi-om the mayor and aldermen of said city or the selectmen of said town, and in said license there shall be expressed the manner, and the portion of any locality or build- ing in which said articles may be mixed, stored or kept ; and whoever mixes, stores or keeps said articles in any one locality, except as aforesaid, without having first obtained a license as herein required, or having obtained such license, mixes, stores or keeps said articles in a difierent manner, or in any other por- tion of said locality or building than is expressed in said license, shall.forfeit and pay a sum not exceeding five hundred dollars, to be recovered in any appropriate form of action, to be insti- tuted in the name of the mayor of said city, or of the selectmen of said town ; and the license granted in accordance with the provisions of thig act shall continue to be in force from the time of granting the same until the first day of April next succeed- ing, unless sooner revoked ; and said license shall be revokable at all times by the authority granting the sanfe. Sect. 7. Upon complaint made to the justice of any muni- cipal or police court, or to a justice of the peace, by the mayor or by an alderman of any city, or by a selectman of any town, or by an inspector appointed under the provisions of this act, or any engineer of a fire department, fire-ward, chief of police or city marshal, that he has probable cause to suspect, and does suspect, that any of the articles enumerated in this act are offered for sale, or are deposited and kept within the limits of said city or town, contrary to the provisions of this act, said justice or court may issue a warrant directed to any such in- spector, engineer or fire-ward, or to any sheriff", deputy-sheriff, constable or police officer, ordering him to enter any shop, ware- house, manufactory, or any other building specified in the war- rant, to make diligent search for such article or articles suspected to be so offered for sale, deposited or kept, and to make return of his doings to said justice or court forthwith. Sect. 8. None of the articles enumerated in this act shall be allowed to remain in any street, lane, alley or travelled way. Petroleum and its Products. HI or upon any whai'f or in any yard, or on the grounds of any 24 hours, nor in railroad corporation in any city for a longer time than twenty- 43 hSur^with-"' four hours, and in any town for a longer time than forty-eight out special per- hours, without a special permit from the mayor and aldermen Sty'."" ^"^ ^ of said city, or selectmen of said town, or by some person by them duly authorized ; and any and all persons so keeping such articles for a longer period, shall be punished by a fine of not more than fifty dollars for each and every such offence. Sect. 9. The city council of any city, and the inhabitants cities and of any town, may adopt such ordinances, by-laws 'and regular ma^e^em^a- tions, not inconsistent with the provisions of this act, as they t'ons and affix may deem reasonable in relation to the manufacture, mixing, ^^°^ ^"^ storing, keeping or selling within the corporate limits of said city or town, any of the articles herein enumerated, and may afiix penalties for breaches thereof not exceeding fifty dollars for each offence, reasonable notice of which shall be given to all concerned. Sect. 10. Chapter two hundred and eighty-five of the acts Eepeai. of the year eighteen hundred and sixty-six, and chapter two hundred and sixty-six of the acts of the year eighteen hun- dred and sixty-seven, so far as they are inconsistent with the provisions of this act, are hereby repealed. Sect. 11. No person shall sell, or keep for sale, or in stor- oils kept for age, any crude or refined petroleum, naphtha, kerosene, earth provcdby an rock, machinery or illuminating oil, in any city or town, with- authorized in- out having the same inspected and approved by an authorized i^EPE^iLED. inspector. And any person violating the provisions of this sec- l^^g'^'f'ise^g^' tion shall be fined and imprisoned in the manner provided in the Penalty, first section of this act in relation to inspectors. Sect. 12. The first and tenth sections of this act shall take when to take effect upon its passage, and the remaining sections thereof sixty *^^°'' days after its passage. \^Apj)rovecl April 10, 1869. [Chapter 345, Acts of 1869.] As Act to amend " An Act to provide for the Storage, Sale, and Inspection of Petroleum and its Products. Sect. 1. The eleventh section of chapter one hundred and Bepeaiof chap. fifty-two of the acts of the year eighteen hundred and sixty- JUg.^^^' ■*■"** °^ nine, is hereby repealed. Sect. 2. No person shall sell or keep for gale at retail, for il- Kerosene for luminatinar purposes, any kerosene, refined petroleum or any illuminating :,. § ^ ^ ^T '••'.■•.■•■ .^ ^ ■ ^ J S purposes not to product of petroleum, without having the same inspected and be sold without approved by an authorized inspector. Any person violating the 3|r penalty provisions of this section shall be fined and imprisoned in the manner provided in the first section of chapter one hundred and fifty-two of the acts of the present year. ^Approved June 2,. 1869. INDEX. nVhere "sections " only are referred to, the matter will be found in the first chapter under the subject title.] Adulterated Commercial Fertilizers, o Constituent parts of fertilizers to be given. Sect. 1. I» Printed label required containing name. Sect. 1. Penalty, neglect to affix label. Sect. 2. affixing false label. Sect. 2. keeping for sale or selling without label. Sect. 2. Billiards and Bowling. Keeping tables for hire without license. Sect. 70. L Licenses to keep Billiards for hire. Sect. 69. ^ may be revoked at pleasure. Sect. 69. M Minors not admitted, except, etc. Sect. 71. O Oncers may enter to enforce the laws. Sect. 72. Obstructing officers in entering. Sect. 72. I> Penalty, keeping Billiards without license. Sect. 70. admittmg minor without consent, etc. Sect. 71. obstructing officer in entering. Sect. 72. keeping bowling-alley wit^lout license. Sect. 70. 144 Index. Cruelty to Animals. A. Arrests without warrant, how made. Sect. 4. Animal and owner, what held to include. Sect. 6. C Cruelly beating and mutilating, how punished. Sect. 1. CaiTying in cruel and inhuman manner. Sect. 2. by railroad companies. Sect. 3. Failing to provide food, drink, etc, how punished. Sect. 1. ' Fines, how disposed of specially. Sect. V. Jurisdiction of Courts. Sect. 8. O Overdriving, tormenting, etc., how punished. Sect. 1. Owner, permitting cruelty, etc. Sect. 2. Officers, duty of to prosecute. Sect. 7. arresting without warrant, to give notice, etc. Sect. 4. to give proper care to animals detained. Sect. 4. have lien on animals for care and provisions. Sect. 4. I» Penalty for cruelly beating and mutilating. Sect. 1. for permitting cruelty, etc. Sect. 2. for cruelly carrying animals. Sects. 1-2. for working animals unfit to work. Sects. 1-2. for overdriving, tormenting, etc. Sect. 1. for not providing food, shelter, etc. Sect. 1. violations of law by railroad companies. Sect. 3. R Railroad Companies may charge expense feeding, etc. Sect. 3. retain lien on animals. Sect. 3. providing food, etc., in cars, need not unload. Sect. 3. S Search Warrants, when and how issued. Sect. 6. ■w Working animals unfit for work. Sect. 2. Common Nuisances. B Booths near public shows, how removed. Sect. 10. Buildings resorted to for prostitution, etc., what deemed. Sect. 6. Indese. 1*5 Force, civil or military, to abate nuisances. Sect. 10. J Jurisdiction of Police Courts, etc. Chap. 78, sect. 1, 1863. Lease of building, wbeu void. Sect. 8. O Owner neglecting to eject, guilty of aiding, etc. Sect. 9. may immediately enter on leased premises. Sect. '8. I> Penalty, limitation of in final jurisdiction. Chap. 78, sect. 2, 1863. when sentenced to fine only. Chap. 269, sect. 1, 1865. for keeping common nuisance. Sect. 7. for letting building, etc., used illegally. Sect. 9. T Tenements, etc., used for prostitution, gaming, etc., what deemed. Sect. 6. ■w What shall be deemed common nuisance. Sect. 6. Exhibiting Fighting Birds and Animals. Establishing, etc., exhibition of fighting birds, etc. Sect. 79. Expense of keeping birds, etc., to be paid. Chap. 435, sect. 4, 1869. JEH Forfeiture of birds or animals in court. Chap. 435, sect. 2, 1869. O Officer may enter and arrest without waiTaut. Chap. 435, sect. 1, 1869. may seize all birds or animals without warrant. Chap. 435, sect. 1, 1869. may arrest all persons present Chap. 435, sect. 1, 1869. -B Persons present at exhibitions of fighting birds, etc. Sect. 79. Penalty for promoting exhibition, etc. Sect. 79. for keeping or training birds, etc., for fighting. Chap. 435, sect. 5, 1869. for being present at exhibition, etc. Chap. 435, sect. 6, 1869. S Seizure of birds, etc., without warrant. Chap. 435, sect. 1, 1869. 19 146 Index. Employment of Children, Etc. c Children imder ten shall not be employed. Chap. 285, sect. 1, 1867. between ten and fifteen not employed, except. Chap. 285, sect. 1, 1867. to attend school. Chap. 285, sect. 1, 1867. under fifteen not to work over 60 hours per week. Chap. 285, sect. 2, 1867. Constable of Commonwealth to enforce law. Chap. 285, sect. 4, 1867. to report annually to Governor. Chap. 285, sect. 4, 1867. Commitment of Truants. Chap. 207, sect. 2, 1862'. Penalty, owner, etc., of mill, etc., for violation of law. Chap. 285, sect. 3,- 1867. parent or guardian violation of law. Chap. 285, sect. 3, 1867. T Towns and Cities shall make provisions regarding truants. Sect. 4. Felonies, Accessories, Abettors, Etc. A. Attempts to commit ofiences punishable. Sect. 8. to commit ofience punishable with death. Sect. 8. by life imprisonment. Sect, i by term of years. Sect. 8. Felony, definition of. Sect. 1. indictment for not to be quashed. Sect. 2. accessory before fact punished as principal. Sect. 3. Aiders and abettors held as principals. Sect. 3. Accessories before fact, how tried. Sect. 4. where tried, Sect. 5. Accessory after fact, defined. Sect. 6. how and where tried. Sect. 7. Fisheries, Etc. -^ A. Avery Brook, etc., protection of trout in. Chap. 235, 1869. B Black Bass, catching of, limited. Chap. 59, 1862. Barnstable North Shore, taking shell-fish. Chap. 258, 1867. C Connecticut River, Shad fishing limited. Chap. 62, 1864. Obstructing passage of fish in. Chap. 238, 1866. Eegulating fishery in. Chap. 76, 1869. Cole's River, Swansea, fisheries regulated. Chap. 172, 1869. Charlemont and Heath, etc., protection of trout in. Chap. 235, 1869. Index. 147 G- Grist Mill Pond, Wareham, protection of trout in. Chap. 110, 1868. I Indians may fish for special purposes. Chap. 83 G. S., sect. 15. Ipswich Eiver, etc., re-stocking for three years. Chap. 157, 1868. J Jones' Mill Creek, Barnstable, protection of trout in. Chap. 290, 1868. Xj Licenses to plant Oysters, how granted. Chap. 83 G. S., sect. 16. to be recorded, and fee for same. Chap. 83 G. S., sect. 17. rights granted therein. Chap. 83 G. S., sect. 18. Lee's River, Swansea, fisheries regulated. Chap. 172, 1869. Maple Spring Pond, protection of trout in. Chap. 58, 1862. Maishpee, protection of fisheries in. Chap. 46, 1860. trout fishing protected in. Chap. 150, 1864. Mattapoisett, seining in regulated. Chap. 259, 1864. Merrimack River, obstructing passage of fish in. Chap. 238, 1866. Mystic River and Pondj re-stocking of. Chap. 149, 1867. seines or weirs found in, may be destroyed. Chap. 149, 1867. penalty for placing substances in, injurious to fish. Chap. 128, 1868. Monument River, Oyster fishing in, protected. Chap. 237, 1867. Merrill Pond, Wendell, protection of trout in. Chap. 289, 1868. isr Nye's Fond, Sandwich, protection of trout in. Chap. 94, 1862. Poisoning fish with cockle, etc. Chap. 83 G. S., sect. 1. Pickerel or trout, catching of limited to dates. Chap. 83 G. S., sect. 2. caught only with hooks or lines. Chap. 83 G. S., sect. 2. prosecutions for catching, etc., limited. Chap. 83 G. S., sect. 3. Permits may be given by mayors and selectmen. Chap. 83 G. S., sect. 12. Purchase or possession of black bass or trout held evidence. Chap. 249, 1866. Penalty for poisoning fish. Chap. 83 G. S., sect. 1. for catching pickerel or trout illegally. Chap. 83 G. S., sect. 2. for taking lobsters, etc., in Fairhaven, etc. Chap. 83 G. S., sect. 4. carrying off^ lobsters, etc., firom sea-coast. Chap. 83 G. S., sects. 6, 7 & 8. taking lobsters in Sandwich, etc. Chap. 83 G. S., sect 10. taking lobsters and obstructing their growth. Chap. 83 G. S., sect. 11. taking shell-fish, etc. Chap. 83 G. S., sect. 13. catching black bass illegally. Chap. 59, 1862. catching smelts illegally. Chap. 179, 1868. S Shad fishing in Connecticut River protected. Chap. 62, 1864. Smelts, time for catching limited. Chap. 179, 1868. 148 Indew. Smelts, to be caught only by hook, lines or hand nets. Chap. 179, 1868. cateliing of in Dukes County. Chap. 75, 1869. Shell-fish, catching of in Chatham, etc., limited, etc. Chap. 83 6. S., sect. 19. T Trout, etc., catching limited to certain dates. Chap. 83 G. S., sect. 2. catching of illegally, how punished. Chap. 83 G. S., sect. 2. ■V Vessels with Oysters, etc., when may be seized. Chap. 83 6. S., sect. 14. ■w Winchester, fishing regulated in. Chap. 234, 1864. Wenham Pond, re-stocking of for three years. Chap. 157, 1868. Gaming. Arrests without warrant, public conveyances. Chap. 382, 1869. B Billiard tables, etc., use of for unlawful games forbidden. Sect. 6. Buildings used for gaming, common nuisances. Chap. 87, sect. 6. Booths, etc., used for gaming within one mile of muster, etc. Chap. 87, sect. 10. Balance receiyed on sale of gaming furniture paid to coimty. Chap. 364, sect. 3, 1869. Betting on games in public conveyances. Chap. 382, 1869. C Common gaming-house may be entered and parties arrested. Sect. 8. Civil authorities may employ force to remove booths, etc. Chap. 87, sect. 10. r) Double the value forfeit by winner of $5 or more. Sect. 3. Furniture, fixtures, etc., may be seized. Chap. 364, sect. 2, 1869. etc., forfeited, and how disposed of. Chap. 364, sect 3, 1369. Force may be used in removing booths, etc. Chap. 87, sect. 10. G- Gaming within one mile of muster. Sect. 9. for money forbidden in public conveyances. Chap. 382, 1869. I Implements of gaming may be taken on warrant. Sect. 9. K Keepers of gaming-houses and players to be arrested. Sect. 8., X. Loans for money won gaming or betting, void, etc. Sect. 4. Lease of gaming building, null and void. Chap. 87, sect. 8. Index. 149 M Money lost gaining may be recovered. Sect. 1. Notes, bills, etc., for money lost gaming, void, except. Sect. 4. O Owner, etc., of gaming-house liable for losses. Sect. 2. Obtaining money by gaming punished as larceny. Chap. 161, sect. 57. -B Persons losing money must prosecute yrithin three months. Sect. 1. gaming within one mile of muster arrested summarily. Sect. 9. present at game may be arrested. Chap. 364, sect. 1, 1869. gaming in public conveyances, an'ested summarily. Chap. 382, 1869. Penalty for winning $5 or more. Sect. 3. innholders keeping gaming implements. Sect. 5. suffering gaming on their premises. Sect. 5. gaming in bowling alleys or billiard rooms. Sect. 6. gaming in places kept by innholders and victuallers. Sect. 6. keeping common gaming house. Sect. 7. gaming within one mile of muster, etc. Sect. 9. for maintaining common nuisance. Chap. 87, sect. 7. for knowingly letting building for gaming. Chap. 87, sect. 9. on conviction of being present at gaming. Chap. 364, sect. 1, 1869. playing for money in public conveyances. Chap. 382, 1869. gaming for money in public conveyances. Chap. 382, 1869. S Suits for money lost gaming, brought by any person. Sect. 1. Search Warrant for gaming implements. Chap. 170, sect. 2. includes furniture, fixtures, etc. Chap. 364, sect. 2, 1869. T Treble value of property lost gaming recoverable. Sect. 1. Tenant, etc., of gaming house liable for property lost. Sect. 2. Winner at game may be sued for loss. Sect. 1. may be punished as in larceny. Chap. 161, sect. 57. Hawkers and Peddlers. A. Articles, what sold without license. Sect. 13. Auctioneers to sell in towns covered by license. Sect. 28. Articles of foreign growth, sale of only by license. Chap. 178, 1862. Articles prohibited from license for sale. Sect. 15. Appropriation of money received for licenses. Sect. 22. D Disabled Soldiers and Sailors exempt from payment of fees. Chap. 197, 1866. 150 Index. J Jurisdiction, Police Courts and Trial Justices. Chap. 12, 1868. Xi License for State, how granted. Sect. 16. for city and town, how granted. Sect. 17. for city and town, fees for. Sect. 18. special, State and county, how granted. Sect. 20. may be transferred. Sect. 23. when void. Sect. 25. to bear date the day of issue. Chap. 151, 1864. special State, fee required. Chap. 151, 186^. m: Minors, cities and towns may regulate sales by. Sect. 14. O Officers to prosecute violations of law. Chap. 151, 1864. IP Persons licensed to post name and show license. Sect. 24. licensed to sell only articles permitted. Sect. 25. Penalty for selling without license. Sect. 27. for counterfeiting license. Sect. 26. for using license expired. Sect. 26. for peddling under license not transferred. Sect. 26. one-half of to go to complainant. ' Chap. 161, 1864. « Besidents, etc., licensed without fee. Sect. 19. Records of licenses, how kept. Sect. 21. S Sums received for licenses, how appropriated. Sect. 22. Insurance Brokers. Brokers, who are Insurance. Sect. 1. O Commissioner of Insurance issues certificates. Sect. 2. Certificates of authority to be issued by Commissioner. Sect. 3. expires on first day of April. Sect. 3. Fee of ten dollars for each certificate. Sect. 3. Persons shall not act without authority. Sect. 2. Penalty for violation of law. Sect. 4. Index. 151 Intoxicating Liquors. A. Adulteration of liquors prohibited. Chap. 415, sect. 5, Acts of 1869. Authority to manufacture liquors. Sect. 12. Agents, city and town, for sale of liquors. Sects. 17, 18, 19, etc. Assayers of liquors, appointments of, etc. Sects. 25, 26. Action for payment of liquors not maintainable, etc. Sect. 63, against officer, when not maintainable. Sect. 64. Arrest of person selling, without warrant. Sect. 57. B Bond required for manufacture. . Sect. 13. O Commissioner, how appointed, etc. Sect. 1. to give bond. Sect. 2. to keep place of business in Boston. Sect. 3. sales of to be for cash. Sect. 3. to keep record of purchase and sales. Sect. 4. shall affix seals to all packages. Sect. 4. shall make aimnal reports. Sect. 8. shall appoint agents in Boston. Sect. 9. Common Seller, penalty for being. Sect. 33. second violation, etc. Sect. 33. three sales to constitute. Sect. 33. Complaint, etc., may include several offences. Sect. 34. Conveying from place to place and bringing into State. Sect. 39. Claimant of liquors seized, may appear. Sect. 51. failing in his claim shall pay cost, except. Sect. 54. to be committed for non-payment of costs. Sect. 54. may appeal. Sect. 55. Constable, what held and construed to mean. Chap. 442, 1869. X> Delivery of liquor held evidence of sale, except. Sect. 35. from dwelling-house with pay or promise of pay. Sect. 35. Drunken persons may be arrested. Sect. 42. may disclose, etc., when arrested. Sect. 43. B3 Employee held liable with principal. Sect. 32. Execution against claimant for cost. Sect. 54. Forfeiture of liquors under twenty dollars in value. Sect. 51. over twenty dollars in value. Sect. 56. Forfeited liquors to city or town agent. Sect. 52. to be destroyed. Sect. 52. Forms provided, if substantially followed, etc. Sect. 66. I Importation of liquors by Commissioner. Sect. 7. Intoxicating liquors, what to be considered. Sect. 30. 152 Indeie. J Judges to see the provisions of law enforced. Sect. 60. K Keeping liquor with intent to sell. Sect. 31. Xi Liquors to be analyzed. Sect. 3. Liquor Sales, specially authorized. Sects. 27, 28, 29. Liquor seized, when to be returned. Sect 53. illegally transported, seized without warrant. Sect. 57. seized without warrant in act of illegal sale. Sect. 57. at public gatherings. Sect. 58. Liquor cases have precedence in court, except. Sect. 60. Liquors for illegal sale and vessels, held common nuisances. Sect. 62. m: Manufacture, how regulated. Sects. 14, 15, 16. of liquor illegally, penalty for. Sect. 33. Notice, wbat, and how issued. Sects. 48, 49, 50, 56. Nolle prosequi, how entered in court. Sect. 60. No case laid on file, etc., except, etc. Sect. 60. O Officers shall make complaint on disclosal, etc. Sect. 43. to arrest for illegal sales at public gatherings. Sect. 58. executing warrants, protected, etc. Sect. 64. liable for refusing or neglecting duty. Sect. 64. to be indemnified by State for damages, etc. Sect. 64. I» Penalty for selling adulterated liquors. Sect. 6. for unlawful sales. Sect. 32. for illegal single sale. Sect. 32. for being common seller. Sect. 33. for keeping with intent to sell. Sect. 36. for receiving liquor for conveyance. Sect. 37. for violation by railroad corporation and servants. Sect. 38. for bringing liquor into State. Sect. 39. for conveying from place to place. Sect. 39. for selling to certain persons after notice. Sect. 40. Profits of Commissioner, how disposed of. Sect. 7. Persons notified not to sell, etc., liable for damages, Sect 40. illegally selling liable for damages by drunken persons. Sect. 41. arrested drunk, may disclose, etc. Sect. 43. complained against may appear, etc. Sect. 51. illegally selling arrested without wan-ant. Sect. 57. transporting arrested without warrant. Sect. 57. convicted shall enter into recognizance. Sect. 59. Prosecution for drunkenness, how discontinued. Sect. 43. Payments for liquor illegally sold, without consideration. Sect. 63. Index. 15^ Receiving liquor for illegal conveyance. Sect. 37. Eailroad Corporations, liabilities of. Sect 38. Recognizances forfeited, to be sued within sixty days. Sect. 61. Repeal of preceding chapters. Sect. 65. S Salary of Commissioner. Sect. 7. Search Warrants for liquors upon complaint. Sect. 44. for dwelling-house, how issued. Sect. 45. must particularly designate the place. Sect. 48. how served by officer. Sect. 47. liquors less than twenty dollars. Sect. 48. exceed twenty dollars. Sect. 56. Seizure of liquor without warrant. Sect. 57. XT Unauthorized sales forbidden. Sect. 30. Lotteries. A. Advertising lottery tickets for sale. Sect. 50. X> Defendant in lottery prosecution may show ticket genuine and true. Sect. 7. Exhibiting representation of lottery. Sect. 5. MC Making or selling tickets in iictitious lottery. Sect. 6. Mayor or Selectmen may lay out Race grounds. , Sect. 10. Penalty for disposing property by lottery, gift, etc. Sect. 1. for racing on bet or wager. Sect. 9. for setting up the lottery, managed without the State. Chap. 112, sect. 1, 1S69. for aiding in lottery managed out of the State. Chap. 112, sect. 2, 1869. Permitting lottery in house, shop, etc. Sect. 2. Prizes, etc., forfeited to the State. Sect. 8. Racing for bet or wager unlawful. Sect. 9. Race grounds, except, declared common nuisances. Sect. 11. Regulation, etc., of race grounds. Sect 10. S Setting up lotteries, gifts, etc. Sect. 1. Selling or aiding in selling lottery tickets. Sect. 3. Second conviction for engaging in lotteries. Sect. 4. 20 154 Indeoe. Lord's Day. B Bail may be taken on Lord's Day. Chap. 170, G. S., sect. 38. C Civil process, service or execution of Lord's Day forbidden. Chap. 84, G. S., sect. 6. D Discharging fire-arms for sport, etc. Chap, 253, 1865. F Fishing forbidden Lord's Day. Chap. 253, 1865. G- Games, sport, play, forbidden Lord's Day. Chap. 84, G. S., sect. 1. 1 Innholders liability of Saturday or Sunday evenings. Chap. 84, G. S., sect. 5. Indecency, etc., in house of public worship. Chap. 84, G. S., sect. 7. * K Keepers of shop, etc., to entertain only travellers, etc. Chap. 79, 1864. Hi Labor prohibited on Lord's Day. Chap. 84, G. S., sect. 1. I» Present at show, dance, etc. Chap. 84, G. S., sect. 1. game on Lord's Day. Chap. 152, 1862. game, sport, etc., evening of, etc. Chap. 84, G. S., sect. 4. game, sport, etc., evening next preceding. Chap. 84, G. S., sect. 4. Persons committed on Lord's Day may be bailed. Chap. 170, G. S., sect. 38. observing Saturday as the Sabbath. Chap. 84, G. S., sect. 9. keeping places of entertainment, liable, etc. Chap. 84, G. S., sect. 11. serving writs, etc.,' liable to damages. Chap. 84, G. S., sect. 6. Prosecutions to be instituted within six months. Chap. 84, G. S., sect. 10. Pursuit of game, etc., forbidden. Chap. 253, 1865. Prosecutions, discharging fire-arms and fishing, to be within 30 days. Chap. 253, 1865. Penalty, present at sport, game, etc. Chap. 84, G. S., sect. 1. taking part in game, etc. Chap. 84, G. S., sect, 1. being present at game, evening of, etc. Chap. 84, G. S., sect. 4. next preceding. Chap. 84, G. S., sect. 4. travelling unless from necessity or charity. Chap. 84, G. S., sect. 2. entertaining other than travellers, etc. Chap. 79, 1864. increased under Chap. 84, 6. S., sect. 1. Chap. 143, 1863. Innholders who offend. Chap. 84, G. S., sect. 11. rude and indecent conduct in house of worship. Chap. 84, G. S., sect. 7. second and third convictions of Innholders. Chap. 84, G. S., sect. 11. for each person entertained. Chap. 79, 1864. discharging fire-arms, sport or gaming. Chap. 253, 1865. fishing on Lord's Day. Chap. 253, 1865. Index. 155 s Seventh day may be observed as Sabbath. Chap. 84, G. S., sect. 9. Sheriffs and other officers to inquire into offences. Chap. 8i, G. S., sect. 8 T Travelling except from necessity, etc., prohibited. Chap. 84, G. §., sect. Time included in Lord's Day. Chap. 84, G. S., sect. 12. Writ, service of, on Lord's Day, void. Chap. 84, G. S., sect. 6. Offences against the Currency. A. Altering, etc., bank bill or promissory note. Sect. i. Advertisements, bills, etc., resemblmg bank bills. Sect. 26. C Counterfeit bills, ten or more in possession with intent. Sect. 5. Common utterer of counterfeit bills. Sect. 7. Counterfeit bills, having possession with intent. Sect. 8. Counterfeiting coin. Sect. 14. ten or more in possession, with intent. Sect. 14. less than ten in possession, with intent. Sect. 15. uttering or passing as true. Sect. 15. second conviction. Sect. 16. three convictions at same term. Sect. 16. making, possession of tools for making, with intent. Sect. 17. B' Forgery of records, etc., of public officers. Sect. 1. of receipt, bill of exchange, etc. Sect. 1. Forged deeds, etc., uttering of. Sect. 2. Forging note, etc., of Treasurer of State. Sect. 3. bank bill or promissory note. Sect. 4. Ficticious signature, etc., deemed forgeiy. Sect. 12. Fraudulently connecting parts of several bank notes. Sect., 21. I Issuing or passing notes as currency, except. Sect. 18. small notes as currency. Sect. 19. Imitation of D. S. Treasury notes, prohibited. Chap. 63, 1862. Making and having possession of counterfeiting tools. Sect. 9. Malicious injury to bank bills. Sect. 22. gathering up bank bills to injure circulation. Sect. 23. O Officers to seize counterfeit notes, coins, etc. Sect. 27. 156 Index. -p Passing, tendering in payment as true, counterfeit note, etc. Sect. 6. Penalty, gatliering bank bills to injure circulation, etc. Sect. 23. possession of uncurrent and worthless bills, with intent. Sect. 24. forging record or certificate, etc., of court or ofScer. Sect. 1. forging bill of exchange, indorsement, etc. Sect. 1. uttering, passing forged deed, instrument, etc. Sect. 2. forging notes of State Treasurer. Sect. 3. forging bank bill or notes. Sect. 4. having in possession ten or more counterfeit bills. Sect. 5. passing counterfeit bills or forged notes. Sect. 6. second conviction for passing forged notes, etc. Sect. 7. having possession coimterfeit bills, etc., with intent. Sect. 8. making or having tools for counterfeiting. Sect. 9. counterfeiting coin, etc. Sect. 14. uttering counterfeit coin. Sect. 15. second conviction passing counterfeit coin. Sect. 16. maldng, mending, etc., tools for counterfeiting coin. Sect. 17. passing notes as currency. Sect. 18. passing small notes as currency. Sect. 19. circulating fractional bills. Sect. 20. fraudulently connecting parts of several bills. Sect. 21. wilful injury to bank bills. Sect. 22. passing worthless and uncurrent bills. Sect. 25. printing and uttering shop bills in similitude of bank bills. Sect. 26.' printing, passing, etc., shop bills imitating U. S. bills or notes. Chap. 63, 1862. R Eeceiving fractional bills. Sect. 20. Eemuneration to prosecutor of forgers, counterfeiters, etc. Sect. 28. S Sworn certificates of certain officers made evidence. Sect. 11. T Testimony of Bank President, etc., dispensed with, etc. Sect. 10. TJ Uttering forged records, deed, instrument, etc. Sect. 2. shop bills in similitude of bank bills. Sect. 26. shop bills in similitude of U. S. notes, etc. Chap. 63, 1862. wortliless and unciurent bills, etc. Sect. 26. false, forged or counterfeit note, etc. Sect. 6. ■V Variance, what shall not be deemed, in evidence of fraud, etc. Sect. 13. Worthless bills, having possession, five or more. Sect. 24. uttering or passing as true. Sect. 25. Index. ^^' Offences against Property. A. Allowance to officer and prosecutor on conviction. Sect. 32. to officer, etc., when bail forfeited or escape made. Sect. 33. Averment of prior conviction of thief unnecessary, etc. Sect. 45. B Burning dwelling-house. Sect. 1. public building in night time. Sect. 2. in night, stable, shop, etc., within curtilage, etc. Sect. 2. in day time a public or private building. Sect. 3. buildings of less value than $1,000. Sect. 4. ship, bridge, lock, etc. Sect. 4. wood, fences, trees, grain, etc. Sect. 5. property to injure insurers. Sect. 7. brusliwood between April 1st, and October 1st. Sect. 90. Burglary, being armed or making assault. Sect. 10. Breaking and entering in night time armed, etc. Sect. 10. with intent, not armed. Sect. 11. building or ship, with intent. Sect. 12. Breaking and entering in day time, with intent. Sect. 13. without putting in fear. Sect. 14. Beast or bird, larceny of. Sect. 30. Burying and concealing stolen goods. Sect. 43. Baggage-master, etc., liable for damage to baggage. Chap. 307, 1869. C Cutting bell-rope within twenty-four hours of fire. Sect. 8. rope at fire, etc., preventing alarm, etc. Sect. 9. Concealing, etc., stolen goods. Sect. 43. Common receiver stolen goods. Sect. 47. embezzled goods. Sect. 47. Corporation books used as evidence. Sect. 52. Conveying encumbered laud without notice. Sect. 59. Concealing or removing mortgaged property. Sect. 61. Collateral, sold, etc., before debt is due. Sect. 64. Consignee, etc., firaudulently depositing, etc., property. Sect. 65. Concealing, etc., property held as collateral. Chap. 127, 1865. will, codicil, etc. Sect. 19. r> Destroying, etc., will, codicil, etc. Sect. 19. Driving horse, etc., without consent of owner. Sect. 48. Entering without breaking, day time, with intent. Sect. 13. dwelling-house, night time, with intent, without, etc. Sect. 14, chap. 386, 1869. Embezzlement, when simple larceny. Sect. 36. or fraud by persons in State Treasury. Sect. 36. by town or county officers. Sect. 37. agents, clerks and servants. Sect. 38. 158 Index. Embezzlement by officers of incorporated banks. Sect. 39. by accomplice, deemed taking by officer. Sect. 40. by carriers and others. Sect. 41. particulars need not be in indictment. Sect. 42. Embezzled property, buying, etc., concealing, etc. Sect. 46. second conviction for aiding in concealing. Sect. 47. Evading toll on toll-bridge. Sect. 75. Explosive substance, thrown into dwelling-house, etc. Sect. 69. Fraudulently issuing or transfening stock. Sect. 50. False pretences, obtaining property by. Sect. 54. representation of means to pay," not criminal. Sect. 54. Forging, etc., private labels and trade marks. Sect. 55. Fitting out vessels with intent to destroy. Sect. 77. False invoices of cargo to defraud insurer. Sect. 78. list of property to assessors. Chap. 190, 1869. G- Goods stolen secured by officer maldng arrest. Sect. 31. Gross fraud or cheat at common law. Sect. 68. H Hackmen, etc., liable for damage to baggage. Chap. 307, 1869. Hirer of personal property selling without consent. Sect. 63. I Injuring engine, hose, etc., within twenty-four hours of fire. Sect. 3. school-house and furniture thereof. Sect. 67. church and its furniture, etc. Sect. 67. house, etc., by explosion gun powder. Sect. 68. J Jurisdiction in matters of Eealty. Sect. 27. of courts, cases of trespass. Chap. 321, 1868. K Killing pigeons by taking in nets, except, etc. Sect. 87. Larceny from the person. Sect. 17. of property exceeding $100 in value. Sect. 18. of property less than $100 in value. Sect. 18. of will, codicil, etc. Sect. 19. of property not over 55 in value. Sect 21. second conviction of, etc. Sect. 22. bank bill paper, with intent. Sect. 23. of things attached to the realty. Sect. 25. accessory to attached to the realty. Sect. 26. from realty may be from one or more tenants. Sect. 28. from whom cannot be committed. Sect. 29. one or more heirs. Sect. 28. person unknown. Sect. 28. Index. 159 Larceny of beast or bird. Sect. 30. (simple) by embezzlement. Sect. 35. Lessee, etc., of personal property selling witbout consent. Sect. 63. m: Making, mending, etc., burglarious instraments. Sect. 34. false entries with intent. Sect. 51. Mortgaged property, concealing or removing. Sect. 61. Mortgagor selling without consent mortgagee. Sect. 62. Maliciously destroying monuments, guide-boards, etc. Sect. 66. extinguishing lamp on streets. Sect. 66. destroying railing, posts, etc., on streets. Sect. 66. defacing, etc., school-house, church,' etc. Sect. 64. injury to school-house, church, etc. Sect. 67. injury to house by exploding gimpowder. Sect. 68. throwing explosive substances into house, etc. Sect. 99. throwing oil of vitrei, coal tar, etc., into house, etc. Sect. 69. injury to dams, reservoirs, canals, etc. Sect. 72. injury to ice taken as merchandise. Sect. 73, injury to bridge, turnpike, gate, etc. Sect. 74. killing, maiming, poisoning cattle. Sect. 80. injuring fruit and ornamental trees, etc. Sect. 82. opening, etc., gate, bars, fence, etc. Sect. 82. > destroying trees in orchard, gardens, etc. Sect. 83. injury to personal property of another. Sect. 85. injury to books, plates, etc., of law or private library. Chap. 69, 1867. Malcing or procuring false affidavit or protest. Sect. 79. Malicious trespassers, arrested Lord's Day without waiTant. Sect. 86. injuries to real estate. Chap. 160, 1862. O Officer who arrests for larceny shall recover goods. Sect. 31. allowed recompense, etc., when escape made. Sect. 33. Omitting to make entries with intent. Sect. 51. Obtaining property by false pretences. Sect. 54. by gaming, tricks, etc. Sect. 57. goods with intent to defraud. Chap. 248, 1863. Printers retaining bank bill paper with intent. Sect. 24. Properly obtained by falsely personating another. Sect. 53. Penalty for gross fraud or cheat at common law. Sect. 58. one-half of, for burning brushwood, coal-pits, etc., goes to town. Sect. 91. trespass from April 1, to November 1. Chap. 89, 1862. for malicious trespass. Chap. 321, 1868. for falsely stamping thread. Chap. 120, sect. 2, 1869. for neglecting to stamp thread. Chap. 120, sect. 2, 1869. selling thread not stamped. Chap. 120, sect. 3, 1869. false list of property to Assessors. Chap. 190, 1869. wilful injury to baggage. Chap. 307, 1869. Passing toll-bridge without paying toll. Sect. 75. Penalty, entering dwelling-house in night time. Chap. 386, 1869. breaking and entering, day time, with intent. Chap. 386, 1869. 160 Index. R Receiving and buying stolen goods. Sect. 43. Raising water to injury of mill. Sect. 71. Receiving goods with guilty knowledge. Chap. 248, 1863. etc., property held as collateral. Chap. 127, 1865. S Stealing in building, ship, etc. Sect. 15. at a fire. Sect. 16. Stolen property, effect of restitution of. Sect. 44. Stock, issuing of, beyond amount authorized. Sect. 49. fraudulently issuing or transferring stock. Sect. 50. Selling goods having forged stamps, etc. Sect. 56. attached goods without giving notice. Sect. 60. personal property without consent of owner, etc. Sect. 63. Stealing fruit from orchard, nursery or garden. Sect. 83. cranberry meadow. Sect. 83. Setting fire to coal-pits in New Bedford, etc. Sect. 89. T Trespass by killing or frightening pigeons. Sect. 87. Thread on spools or packages to be stamped. Chap. 120, 1869. TJ Unlawful taking boat, etc., driving away horse, etc. Sect. 48. -w Wife liable for burning property of husband. Sect. 6. Wilfrilly destroying vessel to defraud owner or insurer. Sect. 76. Wilful trespass by cutting timber, wood, grain, etc. Sect. 81. by entering garden, orchard, etc., with intent. Sect. 84. on Lord's Day or in disguise. Sect. 84. injury to property of Humane Society. Sect. 88. Warrant to search for concealed property held as collateral. Chap. 127, 1865. OfTences against the Person. A. Assault with intent to murder, maim, etc. Sect, 20. Attempt to murder by poisoning, drowning, etc. Sect. 21. Armed assault, with intent to rob, etc. Sect. 23. Assault, armed, with intent to rob, etc. Sect. 23. with intent to rob, not being armed. Sect. 25. with intent to rape. Sect. 27. with intent to commit burglary or any felony. Sect. < Attempt to extort money by threats. Sect 28. Body of murderer may be dissected. Sect. 8. Index. 161 D Definition of murder in first degree. Sect. 1. in second degree. Sect. 2. Drivers of veMclea leaving horses Trithout charge. Sect. 36. Duel, engaging, etc., with dangerous weapon. Sect. 12. second held accessory before fact of murder. Sect. 10. in Former conviction, duelling out of State, may be pleaded in bar. Sect. 11. K Kidnapping, etc. Sect. 30. where may be tried. Sect. 31. L Loss of life by negligence of common carriers. Sect. 34. by street railway, corporation pecuniarily hable. Sect. 37. -M. Manslaughter, how punished. Sect. 18. Murder, first degree, how punished. Sect. 1. second degree, how punished. Sect. 2. Maiming, etc., and aiding therein. Sect. 19. Murder in duel out of State, where prosecuted. Sect. 9. Negligence of managers of common conveyances. Sect. 35. Poisoning food, medicine, etc. Sect. 32. spring, well, reservoir, etc. Sect. 32. Petit treason punished as murder. Sect. 7. Penally, murder first degree. Sect. 4. murder second degree. Sect. 4. engaging in duel, no homicide ensuing. Sect. 12. challenging to fight a duel. Sect. 12. for accepting, carrying challenge or abetting duel. Sect. 13. for jiosting another for not fighting duel. Sect. 14. for engaging in prize fight. Sect. 15. for aiding, advising, etc., prize fight. &ct. 16. leaving State to engage in prize fight. Sect. 17. manslaughter. Sect. 18. for maiming, etc., or aiding therein. Sect. 19. for assaulting with intent to murder. Sect. 20. attempt to murder by poisoning, etc. Sect. 21. armed assault, intent to rob or murder. Sect. 23. for robbery with dangeroits weapon. Sect. 22. for robbery, not being armed. Sect. 24. assault with intent to rob, not being armed. Sect. 25. for rape. Sect. 26. for assault with intent to rape. Sect. 27. attempt to extort money by threats. Sect. 28. 21 162 Index. Penalty, for kidnapping. Sect. 30. for poisoning food, medicine, etc. Sect. 32. for poisoning spring, well, reservoir. Sect. 32. for assaulting with intent to commit burglary. Sect. 33. felony. Sect. 33. for loss of life on public conveyances. Sect. 34. for leaving passenger vehicle without proper care. Sect. 36. E, Eobbery, armed with dangerous weapon. Sect. 22. not being armed. Sect. 24. Rape. Sect. 26. S Second in duel held accessory before fact of murder. Sect. 10. Street Railway Corporations Hable loss of life. Sect. 37. to be prosecuted within one year. Sect. Steamboat managers, etc., liable for neglect. Sect. 35. Stage drivers not to neglect care of passengers. Sect. 36. Offences against Public Justice. A. Aiding escape of prisoner from jail, etc. Sect. 11. ftom officer. Sect. 12. an attempt to escape firom officer. Sect. 12. B Bribes, giving or offering to legislative or judicial officers, etc. Sect. 7. accepting by judicial officers, etc. Sect. 8. acceptance of by jurors, referees, etc. Sect. 10. taking of by sheriffs, constables, etc. Sect. 21. C Corruption of jurors, referees, etc. Sect. 9. Compounding or concealing offences. Sect. 20. • Corruptly receiving greater fee than law allows. Sect. 22. X> Disguising to resist, etc., execution of law. Sect. 19. Extra official, to act as justice or notary after commission expires. Chap. 231, sect. 2, 1865. Falsely assuming to be justice of the peace. Sect. 18. constable or other officer. Sect. 18. Fee, receiving greater than law allows. Sect. 22. Index. 163 J Justices and notaries to be notified expiration of commission. Chap. 231, sect, i, 1865. Jailer, etc., refusing to receive custody of prisoner. Sect. 14. O Offering gift to officer with intent, etc. Sect. 7. Officer negligently allowing prisoner to escape. Sect. 14. or jailor refusing to receive custody of prisoner. Sect. 14. allowing escape by wilful delay to arrest, etc. Sect. 15. refusing to aid and assist when reejuired. Sect. 16. Officers talnng reward for omitting duty. Sect. 21. corruptly demanding illegal fees. Sect. 22. OP Perjury, punishment of. Sect. 1. what shall be deemed. Sect. 2. subornation of. Sect. 3. inciting to commit. Sect. 4. or presumption of, court may commit. Sect. 5. on presumption, court may detain papers, etc. Sect. 6. etc., offences must be substantially set forth. Chap. 186, sect. 1, 1860. subornation of, how indictment may be drawn. Chap. 186, sect. 2, 1860. Penalty for extra-official act after notice. Chap. 231, sect. 1, 1865. for perjury on capital offence. Sect. 1. on cases not capital. Sect. 1. for subornation of perjury. Sect. 3. for inciting to commit perjury. Sect. 4. for giving or offering bribes to officers. Sect. 7. for accepting bribes by officers. Sect. 8. for corrupting jurors, etc. Sect. 9. upon juror, etc., for accepting bribes. Sect. 10. for aiding in attempt of prisoner to escape. Sects. 11, 12. on officer who allows escape of prisoner. Sect. 13. for refiising to receive prisoner, etc. Sett, 14. to arrest or execute process. Sect. 15. to aid and assist officers. Sect. 16. to arrest on order of justice of the peace. Sect. 17 for falsely assuming to be justice or officer. Sect. 18. for disguising to resist execution of law. Sect. 19. for compounding and concealing offences. Sect. 20. officers taking rewards for omitting duty. Sect. 21. for accepting fees greater than law allows. Sect. 22. for suffering voluntary escape. Sect. 13. R Eeftising to aid and assist ofiicer. Sect. 16. to arrest on order of justice of the peace. Sect. 17. Bescue of prisoner held in custody. Sect. 11. T Taking money on promise not to prosecute. Sect. 20. Voluntary escape, punishment for suffering. Sect. 13. 164 Index. Offences against Chastity, Etc. A. Abduction, unmarried female for purpose of marriage. Sect. 1. Adultery, how punished. Sect. 3. Abortion, advertising notice for procuring. Sect. 10. Aiding, etc., enticement away of unmarried female. Sect. 2. B Bastard child, concealment of death by mother. Sect. 11. Blasphemy, how punished. Sect. 19. ' Burial grounds, making roads through. Sect. 40. C Concealment of body of bastard infant indictable. Sect. 12. Crime against nature. Sect. 18. Cutting, etc., trees in places of burial. Sect. 39. X) Disturbing religious worship. Sect. 21. schools and public meetings. Sect. 23. funerals and funeral processions. Sect. 21. Drunkenness, punishment of. Sect. 25. second conviction. Sect. 26. in city of Boston, how punished. Sect. 27. Disorderly persons arrested in night time. Sect. 33. Dead body, buying or selling. Sect. 38. Enticing away unmarried female under sixteen. Sect. 1. unmarried female for prostitution. Sect. 2. ■E' Fornication, how punished. Sect. 8;. Funeral procession, interruption of. Sect. 24. G- Gaming within one mile of field for worship. Sect. 22. House of Correction, master of to receive vagabonds, etc. Sect. 30. I Incest, how punished. Sect. 7. Ill-fame, keepingJiouse of. Sect. 13. lease of house of, void, etc. Sect. 14. Importing, printing, etc., obscene prints. Chap. 168, sect. 1, 1862. Informer, etc., against obscene prints has one-half fine. Chap. 168, sect. 3, 1862. L Lewd and lascivious cohabition. Sect. 6. m: Miscarriage, unlawful attempts to procure. Sect. 9. Index. 165 Night-walker, third conviction. Sect. 35. O Obscene prints, etc., selling of. Sect. 15. informer against, has one-half fine. Chap. 168, sect. 3, 1862. half fine to prosecutor, etc. Chap. 168, sect. 3, 1862. to be seized. Chap. 168, sect. 4, 1862. type for printing to be seized. Chap. 168, sect. 4, 1862. type to be sold or destroyed. Chap. 168, sect. 5, 1862. ■P Polygamy, definition and punishment of. Sect. 4. excepted cases. Sect. 5. Profane cursing and swearing. Sect. 20. Printing, etc., obscene prints, etc. Chap. 168, sect. 1, 1862. Penalty for abduction of female. Sect. 1. for abduction of female for prostitution. Sect. 2. for adultery. Sect. 3. for polygamy. Sect. 4. for lewd, etc., cohabition. Sect. 6. for crime of incest. Sect. 7. of fornication. Sect. 8. for unlawfljl attempt to procure miscarriage. Sect. 9. for advertising, etc., abortion notices. Sect. 10. concealing death of bastard child. ■ Sect. 11. keeping house of ill-fame. Sect. 13. printing, selUng, etc., obscene books. Sect. 15. crime against nature. Sect. 18. crime of blasphemy. Sect. 19. for cursing and swearing. Sect. 20. for disturbing religious worship. Sect. 21. gaming, etc., within one mile of field for worship. Sect. 22. disturbing schools and public meetings. Sect. 23. disturbing funerals. Sect. 24. for drunkenness. Sect. 25. for drunkenness, second conviction. Sect. 26. in city of Boston. Sect. 26. for vagabondism, etc. Sect. 28. for vagabonds, etc., conditional, etc. Sect. 29. night-walkers, third conviction. Sect. 35. taking dead body on mesne process. Sect. 36. violation of sepulture. Sect. 37. buying or selling dead body. Sect. 38. injury to tombs, etc. Sect. 39. making roads through burial grounds. Sect. 40. printhig, importing, etc., obscene books, etc. Chap. 168, sect. 1, 1862. S Selling, receiving, etc., obscene books, etc. Sect. 15. Search warrant for obscene prints, etc. Sect. 16. police courts may issue. Chap. 168, sect. 2, 1862. Sepulture, violation of. Sect. 37. 166 Index. T Taking dead body on mesne process, etc. Sect. 36. Tombs, etc., injuring or defacing. Sect. 39. Type for obscene books, etc., may be seized. Chap. 168, sect. 4, 1862. sold or destroyed. Chap. 168, sect. 5, 1862. ■V Vagabonds, etc., how punished. Sect. 28. may be punished by fine only. Sect. 29. second offence after appeal. Sect. 31. may be discharged on sureties, etc. Sect. 32. Offences against the Public Peace. .A. Armed force quelling riot, to obey ciril magistrates. Sect. 5. B Bon-fire, making within ten rods of building. Sect 12. C Cities and towns may regulate carriages, etc., on streets. Chap. 301, sect. 1, 1869. may regulate playing of hand-organs, etc. Chap. 301, sect. 2, 1869. IP Fire, giving false alarm of. Sect. 13. I Itinerent musicians in streets, etc. Chap. 301, sect. 2, 1869. O Officers using force, etc., guiltless if death ensues. Sect. 6. may command aid to suppress riot. Sect. 1. T? Penalty, officers who neglect to suppress riot. Sect. 3. violation of street regulations for carriages, etc. Chap. 301, sect. 1, 1869. violation of street regulations for hand-organs, etc. Chap. 301, sect. 2, 1869 refusing to assist in quelling riot. Sect. 2. neglecting to leave scene of riot when commanded. Sect. 2. for destroying dwelhng-house, etc. Sect. 7. for carrying slung-shot, etc. Sect. 10. for manufacturing or selling slung-shot and knuckles. Sect 11. for making bon-fire within ten rods of building. Sect. 12. for causing false alarm of fire. Sect. 13. It Rioters refusing to disperse. Sect. 2. refusing to aid in arresting. Sect. 2. neglect of mayor, etc., to suppress. Sect. 3. may be quelled by force. Sect. 4. Index. 1"" Rioters held responsible for death, etc. Sect. 6. responsible for all damage to property.' Sect. 6. Eegulations for streets, carriages, etc. Chap. 301, sect. 1, 1869. for streets, hand-organs, etc. Chap. 301, sect. 2, 186£ S Slvmg-shot, knuckles, billies, penalties for carrying. Sect. 10. etc., penalty for manufactoring. Sect. 11 . T Towns, etc., to pay three-fourths value damage by riots. Sect. 8. may recover damages from rioters. Sect. 9. TJ Unlawful assemblies, how suppressed. Sect. 1. Offences against the Public Health. A. Adulterating food forbidden. Sect. 3. liquors with cochineal, etc. Sect. 4. drugs and medicines. Sect. 5. Apothecary to keep record of arsenic, etc., sold. Sect. 7. Adulteration of milk, penalty for. Chap. 140, sect. 2, 1863. names of parties convicted of, to be published. Chap. 140, sect. 3, 1863, and Chap. 122, 1864. Analyzation of milk, certificate of, made evidence. Chap. 122, sect. 2, 1864. Acts requiring sealed cans repealed. Chap. 204, 1867. B Board of Health, establishment of. Chap. 420, 1869. C Calves under four weeks old not marketable. Sect. 2. Currupting springs of water, etc. Sect. 6. Food adulterated, to be forfeited. Sect. 3. I Injuring reservoir, water pipes, etc. Sect. 6. Inspectors of milk, appointment of. Chap. 122, 1864. cause milk to be analyzed. Chap. 122, sect. 2, 1864. of milk to keep office, and may enter stores, etc. Chap. 122, sect. 2, 1864. to make complaints. Chap. 150, sect. 3, 1869. to advertise three times. Chap. 180, sect. 5, 1869. how appointed. Chap. 122, sect. 1, 1864. to give notice of appointment. Chap. 122, sect. 1, 1864. may take and analyze milk. Chap. 122, sect. 2, 1864. 168 Index, Malicious injury to water-pipes, etc. Sect. 6. Milk, sellers of, to inscribe name on carriage, etc. Chap. 122, sect. 4, 1864. Names of persons convicted to be published. Chap. 122, sect. 5, 1864. . T? Provisions unwholesome, penalty for selling. Sect. 1. Penalty for neglect to record name, etc. Chap. 122, sect. 4, 1864. for selling adulterated milk. Chap. 150, sect. 1, 1869. for selling, how recovered. Chap. 150, sect. 3, 1869. for person Employed, same as principal. Chap. 122, sect. 4, 1864. for second conviction selling adulterated mUk. Chap. 122, sect. 4, 1864. for adulterating milk. Chap. 140, sect. 2, 1863. for adulterating milk, second conviction. Chap. 140, sect. 2, 1863. for selling milk of sick or diseased cows. Chap. 122, sect. 4, 1864. for selling milk of cows fed on deleterious food. Chap. 122, sect. 4, 1864. S State Board of Health, appointment of. Chap. 420, 1869. Protection of Birds. D .Destroying eggs of undomesticated birds, etc. Chap, 246, sect. 7, 1869. -E' Fresh water fowl, killing between certain dates. Sect. 5. or sea fowl, killing on feeding, etc., grounds, prohibited. Sect. 6. G- Grouse or partridges, killing within certain dates. Sect. 1. Killing undomesticated bird, except, etc., prohibited. Sect. 7. I> Pinnated Grouse or Heath Hens, killing, selling, etc., prohibited. Sect. 3. Penalty for killing woodcock, certain dates. Sect. 1. plover, certain dates. Sect. 4. deer, certain dates. Sect. 8. Q Quail, etc., killing within certain dates. Sect. 2. to be killed only in November and December, after 1872. Sect. 2. S Selectmen, etc., to enforce provisions of law. Sect. 9. Lideos. Protection of Religious Meetings. G- Gaming, etc., within one mile of camp. Sect. 1. Horse-racing, etc., within one mile of camp. Sect. 1. I Interrapting, etc., religious meeting. Chap. 165, G. S., sect. 21. X. License to transport passengers, etc., to Martha's Vineyard. Chap. 231, 1864. Peddling, etc., without leave within one mile of camp-meeting. Sect. 1. T Tent, booth, etc., maintaining, within one mile of camp-meeting. Sect. 1. Time of camp exemptions not exceeding twelve days annually. Sect. 1. Transportation near Martha's Vineyard camp-meeting. Chap. 231, 1864. XT Usual business within one mile of camp excepted. Sect. 1. 169 Prisoners. A. Accused parties may have counsel. Sect. 4, and Chap. 170, sect. 21. Ml Magistrate taking bail, to return recognizance. Chap. 170, sect. 13. O Offences prosecuted by indictment, except. Sect. 3. -P Persons arrested to be iirformed of cause of arrest. Sect. 1. indicted, how convicted. Sect. 5. acquitted by jury on &cts, not liable again. Sect. 6. may be tried second time for same offence. Sect. 7. not to be punished until legally convicted. Sect. 8. Prisoners, how to be taken before magistrate for bail. Chap. 170, sect. 15, Penalty, officer refusing to answer prisoner. Sect. 1. officer giving false answer to prisoner. Sect. 1, for refusing to exhibit warrant. Sect. 1. ' if officer arrests on false pretence. Sect. 2. 22 1^0 Index. Protection of Animals. A. Assessors to take lists of dogs. Chap. 130, sect. 6, 1867. Appointment of appraisers. Chap. 130, sect. 10, 1867. ■ Appraisers, how paid. Chap. 130, sect. 10, 1867. C Cities and towns may make regolatious. Chap. 88, G. S., sect. 67. Change of residence, license re-recorded. Chap. 130, sect. 5, 1867. County of Suffolk, disposal of money. Chap. 130, sect. 1, 1867. Counties to pay damages done by dogs. Chap. 130, sect. 10, 1867. r> Dog suddenly assaulting, may be killed. Chap. 88, G. S., sect 60. may be killed in certain cases. Chap. 88, G. S., sect. 60. dangerous, confined or killed. Chap. 88, G. S., sect. 61. dangerous, after notice any person may kill. Chap. 88, G. S., sect. 62. owners, of, to get license. Chap. 130, sect. 1, 1867. owners of, after notice, liable to treble damage. Chap. 88, G. S., sect. 63. District Attorneys to prosecute certain cases. Chap. 130, sect. 9, 1867. Fines and penalties, how recovered. Chap. 88, 6. S., sect. 68. for dogs doing damage, how recovered. Chap. 130, sect. 12, 1867. Fee for dog license. Chap. 130, sect. 1, 1867. K Killing, etc., licensed dog. Chap. 88, G. S., sect. 57. Keeping unhcensed dog, penalty for. Chap. 130, sect. 5, 1867. Xj Licenses to be issued before May 1st, annually. Chap. 130, sect. 1, 1867. to be recorded. Chap. 130, sect. 3, 1867. valid in any part of the State. Chap. 130, sect. 5, 1867. may be transferred with dog. Chap. 130, sect. 5, 1867. License money to be paid to counties before December 1st. Chap. 130, sect. 3, 1867. Loss of sheep, etc., appraised and paid by counties. Chap. 130, sect. 10, 1867. m: Mayor and Selectmen to issue warrant annually to kill dogs. Chap. 130, sect. 7, 1867. to transmit certificate annually to District Attorneys. Chap. 130, sect. 9, 1867. O Owner of dogs liable for damage done. Chap. 88, G. S., sect. 59. to keep dog collared. Chap. 130, sect. 1, 1867. or keepers refusing to answer assessors. Chap. 130, sect. 6, 1867. of sheep, etc., may elect, how to recover. Chap. 130, sect. 10, 1867. of dogs liable to county for damage done. Chap. 130, sect. 12, 1867. Officers not on pay, remunerated for dogs killed. Chap. 130, sect. 7, 1867. to make returns before October 1st, annually. Chap. 130, sect. 8, 1867. Index. i» Poison, exposing same to dog, with intent. Cliap. 88, G. S., sect. 57. Persons becoming dog owners atler May Ist. Cliap. 130, sect. 2, 1867. Penalty for keeping unlicensed dog. Chap. 130, sect. 5, 1867. removing coUar from licensed dog. Chap. 88, G. S., sect. 57. for refusing to answer assessors. Chap. 130, sect. 6, 1867. town officers, etc., refusing to perform duty. Chap. 130, sect. 11, 1867. Persons aggrieved, etc., may report to District Attorney. Chap. 130, sect. 11, 1867. suffering loss by dogs may have appraisemeut. Chap. 130, sect. 10, 1867. Proceedings on appraisal of damage. Chap. 130, sect. 10, 1867. E, Removing collar fi-om licensed dog. Chap. 88, G. S., sect. 57. Returns by officers before October 1st, annually. Chap. 130, sect. 8, 1867. T Treasurers to keep accurate accounts of money, etc. Chap. 130, sect. 4. 1867. TJ Unlicensed dogs killed on warrant. Chap. 130, sect. 7, 1867. Unexpended money, how appropriated. Chap. 250, sect. 1, 1869. Warrants to be certified to District Attorney. Chap. 130, sect. 9, 1867. >Yarrant, form of, to kill dogs. Chap. 130, sect. 16, 1867. 171 Petroleum and its Products. A. Amount petroleum kept in one locality, except. Chap. 285, sect. 2, 1866. B Building for storing petroleum, how constructed. Chap. 285, sect. 1, 1866. C Crude petroleum, how may be stored. Chap. 285, sect. 1, 1866. I Inspectors, how appointed. Chap. 286, 1867, and 152, sect. 1, 1869. L License to manufacture, how granted. Chap. 285, sect. 2, 1866. MunicipaUties may adopt rules, etc. Chap. 285, sect. 3, 1866, and 162, sect. 9, 1869. O Oils, what deemed mixed with naphtha. Chap, 152, sect. 3, 1869. Officers to prosecute violations of law. Chap. 286, sect. 6, 1867. 1 72 Indeoo. Penalty for violation of license. Chap. 285, sect. 2, 1866. for illegally mixing or selling. Chap. 152, sect. 2, 1869. for selling under assumed name. Chap. 152, sect. 4, 1868i for violating provisions of law. Chap. 152, sect. 11, 1869. S Sales illegal -without inspection. Chap. 345, sect. 2, 1889. Sentence of Criminals, c Certain courts may commit in any part of State. Sect. 2. County from which offender comes to pay for support. Sect. 2. X> Defendant may be witness on his own trial. Chap. 260, 1866. I» Punishment by imprisonment without fine. Sect. 1. by fine without imprisonment. Sect. 1. optional with court, conditionally. Sect. 1. Search Warrants. s Search Warrants for property stolen. Sect. 1. for counterfeit coin, notes, etc. Sect. 2. for obscene books, prints, etc. Sect. 2. for lottery tickets. Sect. 2. for gaming implements. Sect. 2. for gaming house furniture, fixtures, etc. Chap. 364, 1869. to. whom directed — ^how served. Sect. 3. issued for service in night time. Sect. 4. property seized on, kept as evidence. Sect. 5. for property hired, leased, etc. Chap. 127, 1865. liquor kept for illegal sale. Chap. 415, 1869. law preventing cruelty to animals. Chap. 344, sect. S, 1869^ State Police. Appointment of Constable of Commonwealth. Sect. 1. Accounts to be sworn to and approved. Sect. 3. O Constable of Commonwealth, how appointed. Sect. 1. to reside in Boston. Sect. 1. Indew. Constable of Commonwealth to appoint deputies, etc. Sect. 1. etc., shall appoint 20 deputies in Suffolk. Sect. 7. powers of. Sect. 2. shall obey orders of governor and council. Sect. 2. shall enforce the laws. Sect. 2. shall repress and prevent crime. Sect. 2. shall suppress liquor and gambHng shops, etc. Sect. 2. to make all necessary rules, etc. Sect. 4. and deputies, pay of. Sect. 3. City and town police to aid, etc. Chap. 261, sect. 2, 1866. to act in harmony. Chap. 261, sect..3, 1866. Constable may command aid &om municipal police. Sect. 5. D Deputies, number of. Chap. 261, sect. 1, 1866. Falsely assuming to be constable or deputy. Chap. 261, sect. 5, 1866. G- Governor has power to command municipal police. Chap. 261, sect. 5, 1866. -P Pay of constable and deputies. Sect. 3. S State and municipal police to suppress liquor selling. Chap. 261, sect. 4, 1366. 173 Vagrants and Vagabonds. A. Arrested parties found with no visible means of support. Sect. 4. when found prowling about depots, shops, etc. Sect. 4. Burglars, known as such, may be taken into custody. Sect. 4. I Idle and dissolute persons may be arrested and imprisoned. Chap. 165, G. S., sect. 28. -P Pickpockets may be arrested as being vagabond. Sect. 4. ■V Vagrants, who to be deemed. Sect. 1. to be arrested and taken before justice. Sect. 2. to be committed to House of Correction. Sect. 3. Vagabonds, who deenied to he. Chap. 165 G. S., sect. 28. may be punished by fine. Chap. 165 G. S., sect. 29. may be sentenced to imprisonment. Chap. 165 6. S., sect. 28.