§§ 4-7. the city or town does not pay its part of such tax within the 1863, 218, ceived for volun of teers transferred to fill quota of any other paid over to such city, &c. Ibid. § 3. elect to pay its portion of the tax. 33. If any city or town is reimbursed on account of any Amount resuch volunteers who have been transferred to fill the quota any other city or town, the amount so received by such city or town shall be paid over to such other city or town; the amount city, &c., to be so to be paid not to exceed the sum originally paid for such transfer; and an action of contract may be maintained to recover the same. If hereafter, such volunteers are transferred back, pursuant to an agreement to that effect, the amount so paid shall be deducted from the sum agreed to be paid for such retransfer. 34. The city may by a vote of the city council, elect to pay How city may its portion of the tax, as follows: The state treasurer shall credit the city with the amount it is entitled to receive as reimbursement, and charge the city with its proportion of the tax. If these sums are equal, the state treasurer shall then give the city a receipt in full for the tax. If the balance is against the city, it is to be paid to the treasurer, who shall then deliver his receipt in full; if the balance is in favor of the city, the treasurer shall give his receipt in full; and the governor shall draw his warrant in favor of the city for the amount. If the city adjusts its tax in this way, it will have no further claim for reimbursement, and the city treasurer must give his receipt in full therefor to the state treasurer. If the tax is settled in this way, Ibid. § 10. it must be done within the same time, and subject to the same process as in the other mode. Ibid. § 9. Cullers of hoops and staves to be chosen. G. S. 49, § 84. Quality and size of staves. Ibid. § 85. Of hogshead hoops, their length, size, &c. Ibid. § 86. 1. In every maritime place from which staves are usually exported, there shall be annually chosen two or more suitable persons to be viewers and cullers of staves and hoops, who shall be sworn. 2. White oak butt staves shall be at least five feet in length, five inches wide, and one inch and a quarter thick on the heart or thinnest edge and every part thereof; white oak pipe staves shall be at least four feet and eight inches in length, four inches broad in the narrowest part, and not less than three quarters of an inch thick on the heart or thinnest edge; white oak and red oak hogshead staves shall be at least forty-two inches long, and not less than half an inch thick on the heart or thinnest edge; white oak and red oak barrel staves for foreign market shall be thirty-two inches long, and for home use thirty inches long, and shall average half an inch thick on the heart or thinnest edge; white oak and red oak hogshead and barrel staves shall be at least four inches in breadth, and none less than three inches in breadth in the narrowest part, and those of the breadth last mentioned shall be clear of sap; and all staves shall be well and proportionably split. 3. Hogshead hoops that are exposed to sale or exported shall be from ten to thirteen feet in length, of white oak or walnut, of good and sufficient substance, and well shaved; those of oak shall not be less than one inch broad at the least end, and those of walnut shall not be less than three quarters of an inch broad at the least end; each bundle shall consist of thirty hoops; and all hoops of ten, twelve, and thirteen feet respectively, shall be made up in distinct bundles by themselves. If hoops of less dimensions than those prescribed by law are packed, or if a bundle contains less than thirty hoops, the G. S. 49, § 86. bundle shall be forfeited, and may be seized by the culler of hoops, and libelled for the benefit of the place where it is offered for sale. 4. ing. Cullers shall be allowed for their time and services fifty Fees for cullcents a thousand for hoops, twenty-eight cents a thousand for Ibid. § 87. barrel staves, thirty-three cents a thousand for hogshead staves, forty cents a thousand for pipe staves, and forty-four cents a thousand for butt staves, as well refuse as merchantable; the merchantable to be paid for by the buyer, the refuse by the seller. fraud in culling. 6. If a culler connives at or is guilty of fraud in culling Penalty for staves or hoops, he shall forfeit fifty dollars for each offence; Ibid. § 88. and if he refuses to perform service when requested shall forfeit five dollars. 2. Public notice of applications for 11. Not to be made or used, &c., withlicense, &c. out safety-plugs. STATUTES. 1. No furnace for melting iron or making glass, and no steam-engines stationary steam-engine designed for use in any mill for planing not to be used and furnaces without license. G. S. 88, § 33. in certain cases or sawing boards or turning wood, or in which any other fuel than coal is used to create steam, shall be erected or put up to be used in any city or town by which the provisions relating thereto of chapter one hundred [and] ninety-seven of the Statutes of eighteen hundred and forty-five' or chapter ninety-six of the Statutes of eighteen hundred and forty-six respectively have been adopted, or by which this and the seven following sections shall have been adopted, at a legal meeting of the city council of the city or the inhabitants of the town called for that purpose, unless the mayor and aldermen or selectmen thereof have granted a license therefor, prescribing the place where the building in which such steam-engine or furnace is to be used shall be erected, the materials and construction thereof, with such regulations as to the height of flues and protection against fire as they deem necessary for the safety of the neighborhood. Such license may be granted on a written application, and shall be recorded in the records of the city or town. Proviso. Public notice of Mnnicipal officers may regu &c. Ibid. § 35. 2. Upon application for such license the mayor and aldermen or selectmen shall assign a time and place for the consideration of the same and cause at least fourteen days' public notice thereof to be given, at the expense of the applicant, in such manner as they may direct, in order that all persons interested may be heard thereon. 3. In any city or town by which chapter one hundred and late furnaces, ninety-seven of the Statutes of eighteen hundred and forty-five steam-engines, has been adopted, or by which sections thirty-three to forty inclusive (being sections one to eight inclusive of this text) shall have been adopted at a legal meeting of the city council of the city or inhabitants of the town called for that purpose, the mayor and aldermen or selectmen, after due notice in writing to the owner of such steam-engine or furnace, except for making glass, erected or in use therein before the time of such adoption, and a hearing of the matter, may adjudge the same to be dangerous or a nuisance to the neighborhood, and make and record an order prescribing such rules, restrictions, and alterations, as May be ad judged a nui sance. Ibid. 1 Adopted by the city council of Boston, April 21, 1845. to the building in which the same is constructed or used, the G. S. 88, § 35. construction and height of its smoke-flues, with such other regulations as they deem necessary for the safety of the neighborhood; and the city or town clerk shall deliver a copy of such order to a constable, who shall serve on the owner an attested copy thereof, and make return of his doings thereon to said clerk within three days from the delivery thereof to him. proceedings Ibid. § 36. 4. The owner of a steam-engine or furnace who is ag- Appeal, and grieved by such order, may apply to the superior court, or a thereon. justice thereof in vacation, for a jury; and the court or justice shall issue a warrant for a jury to be empanelled by the sheriff in like manner as is provided in chapter forty-three of the General Statutes in regard to the laying out of highways. Such application shall be made within three days after the order is served upon the owner, and the jury shall be empanelled within fourteen days from the issuing of the warrant. 5. The court or justice, on granting the application for a Court may rejury may issue an injunction restraining the further use of such strain use while engine or furnace until the final determination of the application. appeal is pending. Ibid. § 37. may affirm, &c., 6. The jury may find a verdict either affirming or annulling Verdict of jury the order in full, or making alterations therein; which verdict order. Acceptshall be returned by the sheriff to the next term of the court for ance of verdict. acceptance as in the case of highways, and when accepted shall take effect as an original order. Ibid. § 38. costs. 7. If the order is affirmed, costs shall be recovered by the Recovery of city or town against the applicant; if it is annulled, damages Ibid. § 39. and costs shall be recovered by the complainant against the city or town; and if it is altered, the court may render such judgment as to costs, as to justice shall appertain. when common 8. Any steam-engine or furnace erected or used contrary to Engines, &c., the provisions of the seven preceding sections, shall be deemed nuisances, &c. a common nuisance. And the mayor and aldermen or select- Ibid. § 40. men shall have like authority to remove the same as is given to boards of health to remove nuisances by sections eight, nine, and ten of chapter twenty-six of the General Statutes.1 See Health, Statutes, §§ 8, 9, 10, ante, p. 291. |