er, who to pay. 5. The fees of such measurers shall be prescribed by the Fees of measurmayor and aldermen or the selectmen of the several places in G. S. 49, § 67. which they are appointed, and shall be paid one half by the seller and one half by the purchaser.1 false weights, Ibid. § 68. 6. If a measurer or deputy-measurer uses, or has in his pos- Penalty for session with intent to use, for the purposes herein provided, any &c., or collufalse weights, scales, balance, or other instrument for weighing, sion, &c. or colludes with the purchaser or seller with intent to defraud the other party, or makes and utters a false and fraudulent certificate under this chapter, he may be removed from office by the mayor and aldermen or selectmen, and shall also, on conviction thereof be punished by a fine not exceeding five hundred dollars, and by imprisonment not exceeding six months in the house of correction. 7. A loaf of bread for sale shall be two pounds in weight. Bread, except that composed in chief part of rye or maize, shall be sold in loaves, half, three quarter, and quarter, loaves, but not otherwise. Bread, weight of; &c., to be dis 8. In every shop or place where bread is sold by retail, and Prices of bread, in each front window thereof, there shall be conspicuously placed played where a card, on which shall be legibly printed a list of the different sold. kinds and qualities of loaves sold there, with the price of each by the loaf, half, three quarter, and quarter, loaf. Ibid. § 6. 9. Bread sold in any shop or place shall be weighed in pres- Bread to be ence of the buyer, and if found deficient in weight, bread shall weighed, &c. be added to make up the legal weight. Ibid. § 7. Ibid. § 8. 10. Whoever violates either of the provisions of the three Penalty. preceding sections shall forfeit ten dollars for each offence, to be recovered in an action of tort to the use of the party suing therefor. 11. The four preceding sections shall not apply to rolls or Rolls, &c. fancy bread weighing less than one quarter of a pound. I May 28, 1855, the fees of the measurers were fixed by the board of alder men, at the rate of fifty cents for one hundred bushels. Ibid. § 9. MESSENGER. 1. Messenger to city council, how chosen. 3. To appoint an assistant. 2. His duties. Messenger to city council, how elected, Oct. 14, 1852. His duties. To appoint an Ibid. ORDINANCE.1 1. There shall be annually elected on the first Monday of February, or within sixty days thereafter, by concurrent vote of both branches of the city council, a messenger to the city council, who shall hold his office for one year if not sooner removed, from the first Monday of April, in the year in which he shall be chosen, and till another is chosen in his place, subject to removal at any time by the city council. 2. The said officer shall devote his whole time to the service of the city, and shall attend all meetings of the board of aldermen, and of the common council, and of the school com-. mittee. He shall have the general care and custody of the City Hall, and of the various apartments thereof. He shall wait upon all committees and boards when in session at the City Hall, and, in general, shall perform all services required by the mayor, by either branch of the city council, or by such committees or boards. 3. The said officer shall appoint an assistant, subject to the approval of the city council, who shall hold his office one year, unless sooner removed by him or by the city council. Compensation. 4. The said messenger and his assistant shall receive such compensation as the city council may from time to time determine. 1 An ordinance establishing the office of messenger to the city council, passed October 14, 1852. milk, how give notice. 1. The mayor and aldermen of cities shall, and the select- Inspectors of men of towns may, annually, appoint one or more persons to be appointed; to inspectors of milk for their respective places, who shall, before be sworn and entering upon the duties of their offices, be sworn. Each in- G. S. 49, § 148. spector 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 town. 2. The inspectors shall keep an office and books for the To keep office, purpose of recording the names and places of business of all books, &c. stand ana Ibid. § 149. persons engaged in the sale of milk within their limits; they may enter any place where milk is stored or kept for sale, and lyze milk, &c. all carriages used in the conveyance of milk, and whenever they 1860, 165, § 2. have reason to believe any milk found therein is adulterated, they shall take specimens thereof and cause the same to be analyzed, or otherwise satisfactorily tested, and they shall preserve a certificate of the result of said analysis or test, sworn to by the analyzer or tester; and said certificate shall be admissible in evidence in all prosecutions for all violations of the provisions of section seven, which it shall be their duty to prosecute. They shall receive such compensation as the mayor and aldermen or selectmen determine. 3. All measures, cans, or other vessels, used in the sale, or Measures to be buying at wholesale, of milk, shall be annually sealed by the G. S. 49, § 150. sealed. G. S. 49, § 150. sealer of weights and measures by wine measure; and all cans so used shall be marked by the sealer with figures showing the quantity which they hold. Penalty for selling in unsealed measures. 1863, 140, § 1. Penalty for neglect to record name, &c. 4. Whoever buys or sells milk by any other measures, cans, or vessels, than those sealed as provided in the section next preceding, (section three,) shall for one violation pay twenty dollars, and for a second and each subsequent violation, fifty dollars. 5. Whoever neglects to cause his name and place of business to be recorded in the inspector's books, and his name legiG. S. 49, § 151. bly placed upon all carriages used by him in the conveyance of milk, before engaging in the sale thereof, shall forfeit twenty dollars for each offence. 1 Allen, 593. Penalty for offering for sale certain milk. 1860, 165, § 1. Penalty for selling adulter 1863, 140, § 2, 1 Allen, 593. 6. Whoever offers for sale milk produced from cows fed upon the refuse of distilleries, or any substance deleterious to the quality of the milk, shall forfeit twenty-five dollars for the first, and fifty dollars for every subsequent offence. 7. Whoever adulterates, by water or otherwise, milk to be ated milk, &c. sold in this state, or being recorded in the books of the inspector as a dealer in milk, conveys from place to place, or knowingly sells or causes to be sold adulterated or unwholesome milk, shall for one violation pay twenty dollars, for a second violation pay fifty dollars, 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, knowingly violates any provision of this section, shall be held equally guilty with the principal, and suffer the same penalty or punish Names of persons convicted to be published. ment. 8. It shall be the duty of the inspector to cause the name and place of business of all persons convicted under the preced1863, 140, § 3. ing section, to be published in two newspapers printed in the town or county where the offence may have been committed.' 1 An ordinance concerning the inspection of milk, passed June 22, 1859, is omitted, for the reason that all the power, granted by the General Statutes, is vested in the mayor and aldermen alone, who may appoint inspectors, and fix their compensation. may establish a commonwealth, The city of Boston is hereby authorized to purchase and hold City of Boston land for a public cemetery, in any town in this commonwealth, cemetery in any and to make and establish all suitable rules, orders, and regula- town in the tions for the interment of the dead within the limits of the said with its concity; provided, that the consent of any town, in which the said 1849, 150. cemetery is proposed to be located, shall first be obtained for the purpose. acres. sent. 1 Mount Hope Cemetery, situated in the towns of Dorchester and West History of. Roxbury, about five miles from Boston, contains eighty-four and three fourths It was set apart for a cemetery by individuals, who were incorporated under powers given by the Revised Statutes, November 10, 1851, and was consecrated by appropriate ceremonies June 24, 1852. Sales of four hundred and twenty-seven lots were made by the company, and improvements were in progress from year to year. By deed dated July 31, 1857, (recorded with Norfolk Deeds, lib. 258, fol. 165,) it was conveyed to the city for the sum of $35,000. Four and three fourths acres at the westerly end have been set off for the benefit of the inhabitants of the city free of charge, and is called the |