Page images
PDF
EPUB

in writing, and filed in said court; and the licence, if granted, shall be recorded by the clerk among the records of said court, and a certified copy of said record shall be delivered to and kept by the person licensed."

"That for every person, who obtains a licence as aforesaid, there shall be paid to the treasurer of the county where such license is granted, for the use thereof, twelve dollars, which shall be by said treasurer certified on said licence before the same shall be of any avail."

"That if any person shall exercise the business of a hawker or pedler within this state without a licence therefor, as is herein before provided, or shall, while pursuing such business, refuse to show such license for examination to any citizen of this state, to whom such pedler shall offer to sell any of his goods, wares or merchandize, if thereto requested, such person shall, for either of the of fences aforesaid, forfeit and pay a sum not less than ten dollars, nor more than fifty dollars."

"That any justice of the peace on complaint made to him of any such offence, may issue his warrant against the person complained against, and order him to recognize, with sufficient surety or sureties, to answer the complaint aforesaid before the justices of the superior court next to be held in the county where said offence was com mitted; and the offences aforesaid may be prosecuted by indictment before said court. And the penalties aforesaid shall be one half to and for the use of the county where the offences may be committed, and the other half to and for the use of the complainant."

"That the person obtaining said licence shall pay to the clerk of said court for all his fees in relation thereto, the sum of one dollar."

"That all showmen, tumblers, rope-dancers, ventriloquists, or other persons who shall for pay exhibit any animals, wax-figures, puppets, or any extraordinary feats of agility of body, or sleight of hand, rope-dancing, or performing feats with cards, within any town within this state,shall,before any such exhibition or performance,procure from the selectmen of such town a licence for that purpose, which licence shall specify the number of days or number of times such person or persons are allowed to perform or exhibit in said town."

"That for a licence granted as aforesaid, there shall be paid to the selectmen for the use of said town by the person or persons obtaining the same, a sum not less than three dollars, nor more than thirty dollars."

"That if any person or persons shall exhibit any shows or perform any feats without licence, and contrary to the provisions of the sixth and seventh sections of this act, he, she, or they shall, for every such offence, upon conviction thereof, forfeit and pay a sum not less than ten dollars, nor more than thirty dollars, with costs of prosecution."

"That any justice of the peace, on complaint made to him of any such offence, may issue his warrant against the person complained against, and order him to recognize with sufficient surety or sureties to answer the complaint aforesaid before the justices of the superior court next to be holden in the county where said offence was committed. And said offence may be prosecuted by indictment before said court. And the penalties aforesaid shall be one half to and for the use of the county where the offence was committed, and the other half to and for the use of the complainant."

"That all offences against this act shall be prosecuted within one year next after the offence shall have been committed."

"That nothing herein before mentioned shall extend to prevent any person from selling or exposing to sale any articles, the growth, produce or manufacture of the United States, except feathers, distilled spirits, playing cards, lottery tickets, and jewelry."

[merged small][ocr errors][merged small]

THIS certifies, that A. B. is licensed by the undersigned, the selectmen of the town of Concord, in the county of Merrimack, to exhibit his wax-figures in the said town for the term of ten days from the date hereof.

Given under our hands this day of

A. D. 1828.

C. D.

E. F.

G. H.

CHAP. XIX.

OF THE LAWS REGULATING THE KEEPING, SELLING AND TRANSPORTING OF GUN. POWDER.

The statute of July 6, 1827, entitled " an act to regulate the keeping and selling and the transporting of gunpowder," enacts, "that there shall not at any time be kept in any warehouse, store, shop or other building in the compact part of any town or village in this state, a quantity of gunpowder, greater than one quarter cask or twenty-five pounds; and any person or persons so keeping a greater quantity, shall forfeit and pay for every day during which such greater quantity shall be kept as aforesaid, a sum not exceeding five dollars nor less than one dollar, to be sued for and recovered by the firewards or selectmen in an action of debt, in the name of the town, before any justice of the peace or court proper to try the same, with costs of suit; and the whole of said forfeiture so recovered shall be for the use of the town, to be expended by the firewards or selectmen in purchasing materials necessary and proper to be used for the extinguishing of fires."

"That the firewards, or a major part of them, or the selectmen of any town, are hereby authorized and empowered to search any warehouse, store, shop, or other building in the compact part of any town, or village in this state, where they have cause to suspect that gunpowder, in a greater quantity than one quarter cask, or twenty-five pounds, may be kept or stored, and in case of finding any gunpowder, kept as aforesaid, in a quantity greater than one quarter cask, or twenty-five pounds, the said firewards, or selectmen, are hereby authorized and empowered to seize the same, and the said gunpowder so kept, and stored, contrary to the provisions of this act, shall be forfeited to the town, and the firewards or selectmen, so finding and seizing the same, shall sell said gun

1

powder at auction, and the avails thereof, to be expended for the purposes aforesaid."

"That every person keeping gunpowder to sell by retail, in any quantity less than one quarter cask, or twenty-five pounds, and who shall not at all times, keep. the same in a tin canister, or canisters, or other incombustible vessel, or vessels, covered and secured from fire, or if said gunpowder be kept in a wooden cask, or casks, said cask, or casks, shall be enveloped in substantial and close leathern bags, or sacks, shall forfeit and pay for each and every day he, she, or they, shall so keep it, a sum not exceeding five dollars, nor less than one dollar, to be sued for, and recovered in the manner and for the purposes aforesaid.”

"That gunpowder shall not be transported, or carried through the compact part of any town or village, in any cart, wagon, or other open carriage, in a quantity greater than four quarter casks, or one hundred pounds at any one time, nor unless the casks containing the gunpowder so transported, be enveloped in substantial leathern bags, or sacks, and any person or persons transporting gunpowder, as aforesaid, in a greater quantity, and without being enveloped, as aforesaid, except the same be conveyed in a closely covered carriage, shall forfeit and pay a sum, not more than fifty dollars, nor less than fifteen dollars, to be sued for and recovered in the manner and for the purposes aforesaid. And no cart, wagon, or other carriage, shall be permitted to stand in any shed, baru, or other building, or near any store, dwelling-house, or other building in the compact part of any town, or village, upon which there may be a greater quantity than one quarter cask, or twenty-five pounds of gunpowder, and in case any gunpowder shall be found upon any cart, wagon or other carriage, contrary to the provisions of this act, any fireward or selectmen of the town where found, may seize the same and cause it to be sold as gunpowder, that may be found contrary to the pro visions of this act."

"That no person shall at any time transport or carry from town to town, or from place to place, any gunpowder for the purpose of peddling or selling it by retail in quantities less than twenty-five pounds, on penalty, that

the owner, or owners, or person, or persons selling, or offering it for sale, shall forfeit and pay for every offence, a sum not more than five dollars, nor less than one dollar, to be sued for and recovered in the manner and for the purposes aforesaid."

"That if any person or persons, shall sell, or offer for sale by retail, any gunpowder in any highway, or in any street, lane, or alley, or on any wharf, or parade, or common, such person or persons, so offending, shall forfeit and pay for each and every such offence a sum not more than five dollars, nor less than one dollar, to be sued for, and recovered, and for the purposes aforesaid.”

"That if any person or persons shall within this state in the night time between sunsetting and suurising sell or offer to sell by retail, or deal out any gunpowder, such person so offending shall forfeit and pay for each and every such offence a sum not more than five dollars nor less than one dollar, to be recovered and applied as aforesaid."

"That all prosecutions against [under] this act shall be commenced within three months after the offence shall have been committed, and not afterwards."

« EelmineJätka »