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MANUAL

AGRICULTURAL LAWS.

ISSUED BY

THE STATE BOARD OF AGRICULTURE, STATE HOUSE, BOSTON.
WILFRID WHEELER, SECRETARY.

COMPILED AND EDITED BY

R. EDWARDS ANNIN, JR., A.B.

1916.

BOSTON:

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

32 DERNE STREET.

1916.

•SOJfl

MANUAL

AGRICULTURAL LAWS

ISSUED BY

THE STATE BOARD OF AGRICULTURE, STATE HOUSE, BOSTON.
WILFRID WHEELER, SECRETARY.

COMPILED AND EDITED BY

R. EDWARDS ANNIN, JR., A.B.

1916.

BOSTON :

WRIGHT & POTTER PRINTING CO., STATE PRINTERS,

32 DERNE STREET.

1916.

DEfT.

APPROVED BY
THE STATE BOARD OF PUBLICATION.

TABLE OF CONTENTS.

PAGE

INTRODUCTION, ........... 5

I. STATUTES PROVIDING STATE AID, ....... 9

1. State Board of Agriculture, ....... 9

Dairy Bureau, . . . . . . . . .12

2. Agricultural and Horticultural Societies, . . . .13

3. State Ornithologist, . .20

4. Encouragement of Poultry Breeding, . . . . .21

5. Encouragement of Agriculture among Children and Youths, . 22

6. Encouragement of Orcharding, ...... 22

7. Special Exhibitions, 23

II. STATUTES PROVIDING FOR INSPECTION, REGULATION AND CONTROL, 24

1. Nursery Inspection, ........ 24

2. Apiary Inspection, ........ 29

3. Commercial Fertilizers, ....... 32

4. Commercial Feedstuffs, ....... 39

III. STATUTES RELATING TO RURAL CREDIT, CO-OPERATION AND DRAIN-

AGE 46

1. Credit Unions, ......... 46

2. Farmland Banks, 57

3. Co-operative Associations, ....... 69

4. County Farm Bureaus, ....... 72

5. Drainage of Low Lands, . . . . . . .75

Improvement of Meadows and Swamps, . . . .75

Construction of Roads to Swamps, ..... 79

Reclamation of Wet Land, . . . . . .81

Cranberry Land and Ice Ponds, ...... 84

IV. GAME AND DOG STATUTES, . . . . . . . .86

1. Deer, 86

Protection of Moose, ....... 88

Protection of Deer from Dogs, ...... 88

Damages from Deer Loss, ....... 88

2. Dog Damages, . . ... . . . . .89

Protecting Domestic Animals from Injury by Dogs, . . 97

3. Sale of Rabbits, 98

4. Propagation of Pheasants, . . . . . . .99

Killing of Pheasants, . . . . . . .100

V. STATUTES RELATING TO MARKETING 101

1. Public Markets, . 101

2. Weights and Measures of Farm Produce, .... 101

3. Millers, 103

4. Inspection and Sales Act, . 103

Beef, '.':''. 103

Fruits, Nuts and Vegetables '. . 104

Grain and Meal, ...... . 106

Hay and Straw, . 107

Potatoes, Onions and Salt, .... . 109

Timothy or Herdsgrass Seed, ...... 109

Vinegar, .... 109

49274-

V. STATUTES RELATING TO MARKETING — Con. PAGE

5. Sale of Meat and Provisions, . . . . . . .111

Sale of Unwholesome Food, 115

Slaughterhouses, . . . . . . . .115

6. Apple Grading, 116

VI. , MISCELLANEOUS STATUTES RELATING TO AGRICULTURE, . . . 121

1. Fence Viewers and Field Drivers, ...... 121

Fence Viewers, . . . . . . . . .121

Pounds and Impounding of Cattle. Field Drivers, . . 127

2. Trespass Laws, 133

3. Registration of StaUions 136

4. Destruction of Insect Pests, ....... 137

5. Suppression of Tent Caterpillar, Leopard Moth and Elm Beetle, 137

6. Inspection Charges forbidden, ...... 138

7. Poultry Thieving, 138

Poultry-thieving Posters, 139

8. Liability for Injuries to Farm Labor, ..... 139
VII. OPINIONS OF THE ATTORNEY-GENERAL, ..... 140

1. Agricultural and Horticultural Societies, .... 140

Election of Delegate to Board of Agriculture, . . . 140

Right to Representation on Board of Agriculture, . . 140

VIII. DIGEST OF SUPREME COURT DECISIONS, . . . . .141

1. Drainage of Wet Lands, . . . . . . .141

2. Dog Damages, 143

3. Sales and Marketing, ........ 147

4. Fences and Fence Viewers, . . . . . . . 148

5. Field Drivers and Pound Keepers, ...... 155

6. Ownership of Manure, 162

7. Farm Labor, 163

8. Cranberry Bogs 165

9. Miscellaneous, 167

LIST OF ENFORCING OFFICERS, ........ 169

INDEX OF STATUTES, .......... 173

INDEX OF CASES BY NAME, 177

INDEX OF CASES BY VOLUME, ......... 179

GENERAL INDEX, ... . 182

INTRODUCTION.

" Ignorantia legis neminem excusat." That every citizen must
be presumed to know the law — though as a matter of fact not
even the wisest jurist can know it in its entirety — seems at
first blush to be a harsh rule. Further consideration, however,
shows that it is the only possible rule for civilized society, and
must be strictly adhered to. If ignorance of the law were once
allowed as a defence it would of course be pleaded by the de-
fendant in all cases, and in most cases the defendant would be
able to prove his plea.

It is with the object of helping the citizens of Massachusetts,
and especially the farmers, to know a small part of what they
are already presumed to know as a whole that this little book
has been compiled. It contains the Massachusetts laws dealing
with agriculture as they stood at the prorogation of the General
Court of 1916. To avoid duplication, however, certain statutes,
though more or less closely related to agriculture, have not
been included as they have been published in other compila-
tions. Among these are the dairy statutes and decisions, pub-
lished by the Dairy Bureau of the State Board of Agriculture;
the "Forestry Laws"* and those relating to the suppression of
the gypsy and brown-tail moth, published by the State Forester;
the laws relating to the suppression of cattle diseases, compiled
by the Department of Animal Industry; the "Fish and Game
Laws," issued by the Board of Commissioners on Fisheries and
Game; and the "Weights and Measures Laws," issued by the
Department of Weights and Measures. On account of the
importance of the deer, pheasant and dog laws, in their relation
to the farmer, however, these have been included, as well as the
sections from the weights and measures act, fixing the weights
of farm produce.

On account of the arrangement of the statutes according to
subject the laws are not in chronological or numerical order.
A particular statute of a certain year may be found by looking
in the index of statutes, on page 173.

Digests of the most important decisions of the ' Supreme
Judicial Court on the agricultural law have been also included in
the book. In most cases the reporter's headnote has been used,
though in a few cases it has seemed better to use an extract from
the decision itself. The cases are indexed by both name and
volume. A list of the officials charged with the enforcement of
the various laws relating to agriculture has also been included,
and will be found on page 169. — EDITOR.

MANUAL

AGRICULTURAL LAWS

MANUAL OF AGRICULTURAL LAWS.

I. STATUTES PROVIDING STATE AID.

1. STATE BOARD OF AGRICULTURE.

REVISED LAWS, CHAPTER- 89.
State Board of Agriculture, how constituted.

SECTION 1 (as amended by 1902, 11 6, §4, and G. A., 1916, 49, § 1).
The governor, ex officio, the president of the agricultural col-
lege, the state forester, the secretary of the state board of
agriculture, the commissioner of animal industry, one person
appointed by and from the state federation of county leagues
and farm bureaus, one person appointed by and from the Mas-
sachusetts society for promoting agriculture, one person ap-
pointed by and from each agricultural society which receives
an annual bounty from the commonwealth, and three other
persons appointed by the governor, with the advice and consent
of the council, shall constitute the state board of agriculture.

1852, 142, §1. 1866, 263, §3. 1894,144.

G. S. 16, § 1. P. S. 20, § 1. 1 Op. A. G. 406 (see page 140).

Tenure, Vacancies.

SECTION 2 (as superseded by G. A., 1915, 114}. The term of
office of the present members of the board shall expire on the
first Tuesday of December of the last year of the term for which
they were appointed, and the term of office of members here-
after appointed shall be three years, and one third of the mem-
bers shall retire annually on the first Tuesday of December,
except that appointments to fill vacancies, other than those
which occur from the expiration of terms, shall be made in the
same manner as original appointments for the residue of the
unexpired term.

1852, 142, §§ 1, 2. P. S. 20, § 2.

G. S. 16, § 2. 1896, 254.

Meetings; Members to receive no Compensation.

SECTION 3. The board shall meet at the state house or at
the agricultural college once in each year. No member shall

•

receive compensation, but his personal expenses incurred in the
performance of his official duties shall be paid by the common-
wealth.

1852, 142, § 4. ' 1866, 263, § 2.

G. S. 16, §3. P. S. 20, §3.

Secretary and Clerks and their Salaries.

SECTION 4 (as amended by 1911, 186; G. A., 1915, 250; G. A.,
1916, 46, § 2). • The board may appoint, and prescribe the duties
of, a secretary, who shall receive an annual salary of three
thousand dollars, and who, with the approval of the board,
may employ a first clerk at an annual salary of eighteen hundred
dollars, and may annually expend for other clerical service a
sum not exceeding five thousand dollars. The secretary may
arrange for lectures before the board, and may issue for general
distribution such- publications as he considers best adapted to
promote the interests of agriculture; but the expense of such
lectures and publications, unless otherwise provided for, shall
be paid out of the appropriation for*the dissemination of useful
information in agriculture by the board.

1852, 142, § 4. 1865, 243. 1881, 264. 1891, 300.

Res. 1854, 72. 1867, 167, § 4. P. S. 20, § 4. 1892, 143.

Res. 1859, 46. 1869, 96, § 2. 1883, 184. 1893, 130.

G. S. 16, § 4. 1877, 377, § 9. 1884, 66. 1898, 459.

1862, 164. 1879, 235. 1887, 245.

General Agent of Dairy Bureau.

SECTION 5 (as amended by 1905, 155; 1907, 401). The salary
of the general agent of the dairy bureau of the state board of
agriculture shall be eighteen hundred dollars a year, to be so
allowed from the first day of January in the year nineteen hun-
dred and seven.

1891, 412, § 6. , 1900, 368.

Duties of Board.

SECTION 6. The board shall investigate subjects relating
to improvement in agriculture, and may take and hold in trust
gifts or bequests to it for promoting agricultural education or
the general interests of husbandry.

1852, 142, § 3. G. S. 16, § 5. P. S. 20, § 6.

Board to fix Days for Annual Meetings of Agricultural Societies, etc.

SECTION 7. It may fix the days on which the agricultural
societies shall commence their exhibitions, may prescribe forms

for and regulate their returns and shall furnish to their secre-
taries the necessary blanks to secure uniform and reliable sta-
tistics. The secretary of the board shall, in each year, cause
to be made and published for distribution an abstract of their
returns.

1847, 69, § 4. 1853, 127, § 2. 1866, 189, § 3.

1852, 142, § 4. G. S. 16, §§ 6, 8. P. S. 20, §§ 7, 9.

Reports to General Court.

SECTION 8 (a* affected by 1905, 211}. The board shall an-
nually, on or before the third Wednesday of January, submit to
the general court a detailed report of its transactions, with
such recommendations and suggestions as the interests of agri-
culture may require.

1852, 142, § 4. G. S. 16, § 7. P. S. 20, § 10.

Appointment of Agents.

SECTION 9. The secretary may appoint agents, who shall
visit the towns in the commonwealth to inquire into the methods
and needs of practical husbandry, ascertain the adaptation of
agricultural products to soil, climate and markets, encourage
the establishment of farmers' clubs, agricultural libraries and
reading rooms, disseminate useful information in agriculture by
lectures or otherwise, and annually in October make detailed
reports to him.

1859, 203, § 1. G. S. 16, § 9. P. S. 20, § 10.

Board of Overseers of Agricultural College.

SECTION 10. The board shall be a board of overseers of
the Massachusetts agricultural college, with powers and duties
to be defined by the governor and council, but such powers and
duties shall not control the action of the trustees of said college
or be inconsistent with the provisions of chapter two hundred
and twenty of the acts of the year eighteen hundred and sixty-
three.

1866, 263, § 1. P. S. 20, § 5.

DAIRY BUREAU. l
Dairy Bureau; Appointment, Duties.

. SECTION 11 (as amended by G. A., 1916, 46, § 1). The dairy
bureau of the board of agriculture shall consist of three members
of said board, one of whom shall annually, before the first day
of July, be appointed by the governor, with the advice and con-
sent of the council, for a term of three years, or for such shorter
term as he may continue a member of the board. The governor
may, at any time, terminate the service of any member of said
bureau, and thereupon, or upon any member thereof ceasing
to be a member of the board, he, may appoint another member
in his place. Each member of such bureau shall receive five
dollars for each day of actual service and his travelling expenses,
which shall be paid by the commonwealth out of the fund pro-
vided for in the following section. The bureau, under the gen-
eral direction of the board of agriculture, shall inquire into the
methods of making butter and cheese in creameries or cheese
factories, investigate all dairy products and imitation dairy
products bought or sold within the commonwealth, enforce the
laws for the manufacture, transfer and sale thereof, and shall
take such action as will tend to produce a better quality thereof
and improve the dairy industry. The secretary of the board
of agriculture shall be the executive officer and secretary of the
bureau, subject to its control and direction.

1891, 412, §§ 7, 11. 1892, 139.

Expenditures authorized; Annual Report.

SECTION 12 (as amended by 1908, 416, § 1). The bureau may
expend not more than eight thousand dollars annually in its
work, and it may co-operate with the state board of health and
with inspectors of milk, but it shall not interfere with the duties
of such board or officers. It shall annually, before the fifteenth
day of January, report to the general court in detail the number
of agents, assistants, experts and chemists employed by it, with
their expenses and disbursements, of all investigations made by
it, of all cases prosecuted with the results thereof, and other
information advantageous to the dairy industry.

1891, 412, §§ 8, 10. 1895, 214.

1 For complete dairy laws and decisions, see "Dairy Laws," published by the Dairy Bureau
of the State Board of Agriculture.

Bureau to have Access to Places where Dairy Products are sold, etc. ; to
prosecute Violations of Law.

SECTION 13. The bureau and its agents and assistants shall
have access to all places of business, factories, buildings, car-
riages and cars used in the manufacture, transportation or sate
of dairy products or imitations thereof, and to all vessels and
cans used in such manufacture and sale, and shall have the
authority given to the state board of health or its officers, or to
inspectors of milk, to enforce and prosecute violations of all
laws relating to dairy products or imitations thereof. Whoever
hinders, obstructs or in any way interferes with an officer or
duly authorized agent of the dairy bureau in the performance of
his duty shall be punished by a fine of one hundred dollars for
the first offence and of two hundred dollars for each subse-
quent offence, which shall be payable into the treasury of the
commonwealth.

1891, 412, §§9, 12. 1894, 280, § 5.

2. AGRICULTURAL AND HORTICULTURAL SOCIETIES.

REVISED LAWS, CHAPTER 124.

Bounty from State.

SECTION 1 (a* amended by 1909, 183; 1912, 260; 1918,
1914, 276). Every incorporated agricultural society which was
entitled to bounty from this commonwealth before the thirty-
first day of December, in the year nineteen hundred and thir-
teen, and every other such society whose exhibition grounds and
buildings are not within twenty-five miles of those of a society
which was then entitled to bounty, and which has raised by
contribution of individuals and holds, as a capital appropriated
to its uses, one thousand dollars, invested in an interest bearing
public or private security or in real estate, buildings and appur-
tenances for its use and accommodation, shall, except when
otherwise determined by the state board of agriculture as pro-
vided in section four, be entitled to receive annually in August
from the commonwealth, two hundred dollars, and in that pro-
portion for any greater amount so contributed and put at in-
terest or invested; but no society shall receive a larger amount
in one year than it has awarded and paid in prepniums during
the year last preceding, or otherwise expended for the encour-
agement and improvement of agriculture, with the approval of
the state board of agriculture, nor, in any event, more than six

hundred dollars. If there is only one incorporated agricultural
society in any county, it shall be entitled to receive said bounty
notwithstanding its exhibition grounds and buildings are within
twenty-five miles of a society entitled to said bounty; and,
after having received said bounty, it shall not be deprived of
the right to receive the same by reason of the subsequent in-
corporation of another society within the same county.

1818, 114, §§ 1, 2. 1842, 31. G. S. 66, § 1. 1870, 258.
R. S. 42, §§ 1, 2. 1852, 246. 1866, 189, § 1. 1881, 285.

ACTS OF 1912, 260, AS AMENDED BY 1914, 209.
Bounties for Encouragement of Agriculture, etc.

Every incorporated agricultural society which is entitled to
receive a bounty under section one of chapter one hundred and
twenty-four of the Revised Laws, as amended by chapter one
hundred and thirty-three of the acts of the year nineteen hun-
dred and nine, shall be entitled to receive annually in August
from the commonwealth, in addition to the sum which it is en-
titled to receive under the said section, four hundred dollars
for the following purposes : — Two hundred dollars to be dis-
tributed in premiums to children and youths under eighteen
years of age for the encouragement of horticulture, agriculture
and domestic manufactures, subject to the discretion of each
society drawing bounty; and two hundred dollars in general
premiums; but no society shall receive a larger sum in addi-
tion to the bounty to which it is entitled under the said sec-
tion than it shall have expended in the year last preceding in
premiums, in excess of the sum to which it is entitled under the
said section; nor in the case of the sum set apart in this act for
premiums to children and youths a larger sum than it shall have
expended for such premiums.

\ REVISED LAWS, CHAPTER 124.
Bounty to Poultry Associations.

SECTION 2.1 The state board of agriculture may set aside
from the bounty allowed by the commonwealth to an incor-
porated agricultural society such amount as may be recom-
mended by the delegate who represents such society on said
board, and it shall be devoted solely to the premium list of such
chartered poultry association as said delegate may recommend,
and upon such conditions as the board of agriculture may deter-
mine. 1895, 391.

1 See poultry premium bounty bill, page 21.

Societies claiming Bounty to file Certificate.

SECTION 3 (as amended by 1913, 213, § 1). A society which
claims bounty shall annually, on or before the tenth day of
December, file in the office of the secretary of the board of
agriculture, a certificate signed by its president and treasurer,
stating under oath the amount so contributed which it holds at
interest or invested, as a capital stock; and also such other
returns of its financial affairs as the board of agriculture may
require, upon a blank to be furnished by the secretary of said
board to the treasurer of said society.

1814, 114, § 3. • 1847, 69, § 1. 1853, 127, § 1. P. S. 114, § 2.
R. S. 42, § 3. 1852, 142, § 4. G. S. 66, § 2. 1891, 124.

Amount of Bounty. State Board may withhold Same.

SECTION 4. The amount of bounty to which a society is
entitled for any year shall be ascertained by the certificate last
filed by it under the provisions of the preceding section. But a
society shall not receive bounty in any year, if the state board
of agriculture, having first given to it full opportunity to be
heard relative to its financial affairs and general management,
so determines by a two-thirds vote of the whole number of its
members present at its annual meeting, and by its secretary
notifies the treasurer and receiver general thereof on or before
the first day of September in such year.

1847, 69, § 2. G. S. 66, § 3. 1881, 285. P. S. 114, § 3.

Rules for Distribution of Bounty.

SECTION 5. A society which receives bounty shall make such
rules for the distribution thereof as shall, in its opinion best
promote the improvement of agriculture; subject, however, to
the restrictions of sections eight to twelve, inclusive.

1865, 90. P. S. 114, § 4.

Sale or Mortgage of Property regulated.

SECTION 6 (as amended by 1907, 189). A society which has
received or may receive a bounty from the commonwealth shall
not sell or mortgage the whole or any portion of its real estate
unless so authorized by a vote of tw9 thirds of those members
of such society who are present and voting at a meeting called
for the purpose, approved by the state board of agriculture,
after notice to parties interested and a hearing.

1890, 274.

Annual Returns.

SECTION 7 (as amended by 1913, 213, § 2). Every such society
shall annually, on or before the tenth day of December, make a
full return of its doings, signed by its president and secretary,
to the secretary of the state board of agriculture, containing a
statement of all expenditures, of the nature of the encourage-
ment proposed by the society, the objects for which its premiums
have been offered and the persons to whom they have been
awarded, all reports of committees and all statements of ex-
periments and cultivation which are regarded by the president
and secretary as worthy of publication, with such general obser-
vations relative to the state of agriculture and manufactures
in the commonwealth as it may consider useful. The return
shall be so marked that the passages which are considered by
such officers most worthy of public notice, study and applica-
tion may be easily distinguished.

1818, 114, § 4. 1847, 69, § 1. G. S. 66, § 5.
R. S. 42, § 4. 1852, 142, § 4. 187*, 182.
1845, 111, § 1. 1853, 127, § 1. P. S. 114, § 5.

Forfeiture of Bounty.

SECTION 8. A society which neglects in any year to comply
with the laws relating thereto or with the regulations of the
state board of agriculture shall not be entitled to bounty in the
succeeding year.

1845, 111, § 5. 1847, 69, § 3. 1853, 127, § 3. P. S. 114, § 6.
1856, 181, § 2. 1859, 232, § 5. G. S. 66, § 6.

Premiums to be offered by Societies.

SECTION 9. A society which receives said bounty shall offer
annually by way of premiums, or shall otherwise apply, for the
encouragement or improvement of agriculture or manufactures,
an amount not less than the amount so annually received, and
shall offer such premiums for agricultural experiments, and in
such manner, as the state board of agriculture requires.

1818, 114, § 4. R. S. 42, § 4. G. S. 66, § 7. P. S. 11*. § 7.

Premiums for Trees for Ship Timber.

SECTION 10. Every such society shall annually offer such
premiums and encouragement for the raising and preservation
of oaks and other forest trees as it considers proper and adapted

to perpetuate within the commonwealth an adequate supply of
ship and other timber.

1818, 114, § 5. G. S. 66, § 8. 1901, 58.

R. S. 42, § 6. P. S. 114, § 8.

Members.

SECTION 11. Every such society shall admit as members,
upon equal terms, citizens of every town in the county in which
it is located, and all premiums offered shall be subject to the
competition of every citizen of such county.

1861, 180, § 1. P. S. 114, § 9.

Surplus to be at Interest.

SECTION 12. All money offered for premiums which is not
awarded or paid ^hall be placed at interest and added to the
capital stock of the society.

1818, 114, § 4. R. S. 42, § 5. G. S. 66, § 9.

To what Societies Provisions apply.

SECTION 13. Sections one, three, four, five and seven to
twelve, inclusive, except the proviso in section four authorizing
the state board of agriculture to withhold bounty, shall not,
except by special enactment, extend to an agricultural society
incorporated for any territory less than a county.

1818, 114, § 6. G. S. 66, § 10. P. S. 114, § 11.

R. S. 42, § 7. 1881, 285.

Cattle Shows regulated.

SECTION 14. The officers of such society may define and fix
bounds of sufficient extent for the erection of its cattle pens and
yards and for convenient passage ways to and about the same
on the days of its cattle shows and exhibitions, and also for its
ploughing matches and trials of working oxen; but they shall
not occupy or include within such bounds the land of any person
without his consent, nor obstruct travel on any public highway.
No person shall be permitted to enter or pass within such bounds
unless in conformity with the regulations of the officers of the
society. Whoever, contrary to such regulations, and after
notice thereof, enters or passes within the bounds so fixed,
shall forfeit not more than five dollars.

1820, 49, § 1. 1847, 69, § 5. P. S. 114, §§ 12-14.

R. S. 42, §§ 8-10. G. S. 66, §§ 11-13.

Commonwealth v. Ruggles, 6 Allen, 588 (see page 168).

Powers of Marshals.

SECTION 15. The officers of such society may appoint a
sufficient number of suitable- inhabitants of the county to act as
marshals at cattle shows and exhibitions. Such marshals shall
have the powers of constables in relation to the preservation
of the public peace and the service and execution of criminal
process within the respective towns in which such shows and
exhibitions are held, and such process may be directed to them
accordingly; and they shall exercise their office from twelve
o'clock at noon of the day preceding the commencement of such
shows and exhibitions until twelve o'clock at noon of the day
succeeding the termination thereof, and no longer.

1820, 49, § 2. R. S. 42, § 11. G. S. 66, § 14. P. S. 114, § 15.

Commonwealth v. Ruggles, 6 Allen, 588 (see page 168).

Assignment of Police at Exhibitions.

SECTION 16. Upon the application of the president of an
incorporated agricultural or horticultural society to the au-
thorities of a city or town in which an exhibition of such society
is to be held, said city or town authorities shall assign for special
service at such exhibition as many police officers or constables
as may be necessary to preserve the peace and enforce the law
at such exhibition. 1892i iso.

Rules for ascertaining Amount of Premium Crops.

SECTION 17. The state board of agriculture may prescribe
rules to societies for uniform modes of ascertaining the product
of crops entered for premium.

1862,24. P. S. 114, §16.

Premiums for Experiments.

SECTION 18. Every such society may offer and pay premiums
for experiments in the cultivation of crops or in the raising of
domestic animals for farm purposes, and no regulation of the
state board of agriculture to the contrary shall be valid.

1859, 232, §4. 1881,285. P. S. 114, §17.

Formation of a Corporation. Powers.

SECTION 19. Ten or more persons in any county, city or
town, who by agreement in writing associate for the purpose
of encouraging agriculture or horticulture, or for improving and

ornamenting the streets and public squares of any city or town
by planting and cultivating ornamental trees therein, may form
a corporation under the provisions of chapter one hundred and
twenty-five, and may hold real and personal estate not exceed-
ing ten thousand dollars in value.

1853, 312. G. S. 66, § 17. P. S. 114, § 18. 1897, 496, § 8.

Farmers' Clubs to receive Publications, etc.

SECTION 20. Farmers' clubs which are organized and are
holding regular meetings shall, upon application made annually
in November to the secretary of the state board of agriculture,
receive copies of its report and of its other publications, in pro-
portion to the number of their members and to the applications
so made. A club wtuch receives such copies shall annually in
October make returns to said secretary of its agricultural ex-
periments and of the reports of its committees.

1859, 203, § 2. G. S. 66, § 18. P. S. 114, § 19.

Preservation of Peace.

SECTION 21. Every such society or farmers' club may estab-
lish such regulations, not inconsistent with law, as it may con-
sider necessary and expedient for the preservation of peace and
good order or for the protection of its interests at its regular or
annual meetings, shows, fairs or exhibitions, and shall cause at
least five copies of such regulations to be posted in public places
on its grounds not less than forty-eight hours before the time
of holding each meeting.

1861, 127, § 1. P. S. 114, § 20.

Commonwealth v. Ruggles, 6 Allen, 588 (see page 168).

Booths, etc., Gaming, etc., prohibited.

SECTION 22. No person shall, during the time of holding a
cattle show, fair or exhibition or meeting of a farmers' club,
without the consent of the authorities having charge of the
same, establish within one-half mile of the place of holding
such show or meeting a tent, booth or vehicle of any kind for
the purpose of vending any goods, wares, merchandise, provi-
sions or refreshments. No person shall engage in gaming or
horse racing or exhibit a show or play during the regular or
stated time of holding a cattle show, agricultural fair or meeting
of a farmers' club, or engage in pool selling, at or within half a

mile of the place of holding the same; but any person having his
regular place of business within such limits shall not be hereby
required to suspend his business.

1861, 127, § 2. 1877, 149, § 1. P. S. 114, § 21.

Penalty.

SECTION 23. Whoever violates any provisions of the pre-
ceding section, or a regulation established under the provisions
of section twenty-one, shall forfeit not more than twenty dollars
for such offence.

1861, 127, § 3. P. S.. 114, § 22.

3. STATE ORNITHOLOGIST.

ACTS OF 1908, CHAPTER 245.
State Ornithologist, Appointment, etc.

SECTION 1. The state board of agriculture shall annually
appoint some person, qualified by training and practical experi-
ence, to be state ornithologist, and he shall be responsible to the
board for the performance of his duties as prescribed in this act.

Duties, etc.; Annual Report.

SECTION 2. It shall be the duty of the state ornithologist
to investigate the distribution and food habits of the birds of
the commonwealth; to determine, so far as possible, the rela-
tions of birds to outbreaks of insects and other animals; to
experiment with a view of discovering the best methods of
protecting fruits and crops from birds; and to serve the state
board of agriculture and the people of the commonwealth in an
advisory capacity in matters relating to the economic status of
birds and legislation concerning them. He shall make an annual
report to the state board of agriculture, and may issue special
reports and bulletins as the exigencies of his work may require.

Compensation, Expenses, etc.

SECTION 3 (as amended by 1912, 500, and 1914, 4% 4}- The state
ornithologist shall receive two thousand dollars annually for
his services, and such allowance^ for necessary expenses, traveling
or otherwise, as may be approved by the said board. He may
purchase such supplies and apparatus and may employ such

assistance as may be reasonably necessary in carrying out his
duties, subject to the approval of the said board; but the total
amount to be expended under authority of this act shall not
exceed twenty-five hundred dollars annually, including the salary
of the ornithologist.

4. ENCOURAGEMENT OF POULTRY BREEDING.

ACTS OF 1909, CHAPTER 428.
Poultry Premium Bounties, Distribution, etc.

SECTION 1 (as superseded by 1914, 298, § 1). The sum of
two thousand dollars shall be paid annually from the 'treasury
of the commonwealth to the board of agriculture, which shall
be known as a poultry premium bounty, and shall be used by
the said board to encourage and improve the breeding of poultry.
Said bounty shall be distributed by said board among the poultry
associations hereinafter designated, during the month of August
in each year, in proportion to the total amounts paid out by such
associations, respectively, during the year ending June thir-
tieth, as hereinafter provided, in state premiums for such breeds
and strains of poultry as the said board shall consider most
worthy of encouragement, and the sum so distributed shall be
used by such associations for the purpose of enabling them to
hold annual exhibitions of poultry and for the payment of
premiums only. The board may make such rules as it may
deem suitable for carrying out the provisions of this act;1 and
any part of said bounty not distributed by the board in any
year shall be repaid by it to the treasurer and receiver general.

Association not to receive Bounty unless, etc.

SECTION 2. No association shall be entitled to any part of
said bounty unless it shall have been incorporated under the
laws of the commonwealth for the purposes principally of hold-
ing exhibitions of poultry within the commonwealth.

Association to certify to Certain Facts under Oath.

SECTION 3 (as superseded by 1914, %98, § 2). No association
shall be entitled to any part of said bounty unless it shall certify
to the board of agriculture, not later than the tenth day of

1 The rules and regulations governing the distribution of poultry bounty may be secured
by addressing State Board of Agriculture, 136 State House, Boston.

July, under the oath of the president and treasurer of such asso-
ciation, that it has held an exhibition of poultry during the
year ending June thirtieth, the amount paid in premiums by the
association at such exhibition, and that the association is in need
of aid to enable it to continue its exhibitions of poultry, together
with such other facts as the board may request.

Term defined.

SECTION 4 (added by 1914, 298, § 3). For the purposes of this
act the term "state premiums" shall mean all premiums de-
scribed in the premium lists of said associations as being offered
by the state board of agriculture through the association.

5. ENCOURAGEMENT OF AGRICULTURE AMONG CHILDREN

AND YOUTHS.

ACTS OF 1913, CHAPTER 319, AS AMENDED BY ACTS OF 1914, CHAPTER 267.
Premiums for Encouragement of Agriculture.

SECTION 1. A sum not exceeding two thousand dollars may
annually be expended by the state board of agriculture in
premiums or otherwise, as the board shall determine, as rewards
to children and youths under eighteen years of age for the pur-
pose of stimulating interest and activity in agriculture. The
board shall report annually to the legislature the names of the
recipients of premiums or other rewards given hereunder, and
the amount or value given to each.

6. ENCOURAGEMENT OF ORCHARDING.

ACTS OF 1910, CHAPTER 427.
Encouragement of Orcharding.

SECTION 1. There shall annually be allowed and paid out
of the treasury of the commonwealth the sum of five hundred
dollars, to be expended by the state board of agriculture for
prizes for the best experiments in orcharding by private owners
of orchards in Massachusetts, in giving demonstrations of spray-
ing and of the care and management of orchards, or in such
other manner as the board may deem best to encourage the
orchard industry of the commonwealth.

7. SPECIAL EXHIBITIONS.

ACTS OF 1912, CHAPTER 41L
Encouragement of Agriculture.

SECTION 1. There shall annually be allowed and paid out
of the treasury of the commonwealth the sum of two thousand
dollars, to be expended by the state board of agriculture in the
holding of special exhibitions of the products of special lines of
agriculture, such as fruit growing, and corn growing, either by
the board or by other organizations acting under the direction
of the board and under such rules and regulations as the board
may establish, in holding demonstrations of the best methods in
agriculture, in payment of the salaries and expenses of agents
who shall instruct the citizens of the commonwealth in the best
methods of agriculture, in payment of prizes, or in such other
manner as the board may deem best for the encouragement of
agriculture: provided, that no part of the suni hereby appro-
priated shall be paid for exhibitions held by the agricultural
societies receiving bounty from the commonwealth.

II. STATUTES PROVIDING FOR INSPECTION, REGULATION
AND CONTROL.

1. NURSERY INSPECTION.

ACTS OF 1912, CHAPTER 507, AS AMENDED BY GENERAL ACTS OF 1915, CHAPTER
161, AND GENERAL ACTS OF 1916, CHAPTER 91.

State Nursery Inspector, Appointment.

SECTION 1. The state board of agriculture shall annually
appoint a person qualified by scientific training and practical
experience to be state nursery inspector, and he shall be re-
sponsible to the board for the performance of his duties as
prescribed in this act. The said inspector may appoint such
number of deputies, subject to the approval of the secretary of
the state board of agriculture, as he may deem necessary or
expedient.

Duties of Nursery Inspectors.

SECTION 2. It shall be the duty of the state nursery in-
spector, either personally or through his deputies, to inspect
at least once each year all nurseries or places in the state where
nursery stock is grown, and if no dangerous insects or fungous
pests are found therein, a certificate to that effect shall be
given by him. If such pests are found therein the owner of the
stock shall take such measures to suppress the same as the state
nursery inspector shall prescribe, and no certificate shall be given
until the said inspector has satisfied himself by subsequent in-
spections that all such pests have been suppressed.

Agent's Licenses.

SECTION 3. Agents or other persons, excepting growers, who
sell nursery stock shall make application to the state nursery
inspector for an agent's license, and shall file with him the
names and addresses of all persons or nurseries from which they
purchase their stock. On receipt of such application, the state
nursery inspector shall issue an agent's license, valid for one
year, in such form and with such provisions as the state board
of agriculture may prescribe. The license may be revoked at
any time for failure to report the names and addresses of per-
sons or nurseries from which stock is purchased, or for such
other cause as may be deemed sufficient by the state nursery

inspector and the secretary of the state board of agriculture.
All persons except growers, who sell, or who take or solicit
orders for nursery stock shall be regarded as nursery agents for
the purposes of this act.

Sale, etc., of Nursery Stock regulated.

SECTION 4. It shall be unlawful for any person, firm or cor-
poration to sell, exchange, give away, deliver or ship within the
state any trees, shrubs or plants commonly known as nursery
stock unless such person, firm or corporation holds a grower's
certificate or an agent's license, given under authority of this or
of some preceding act, and unless a copy of such certificate or
license, or such other evidence as the state board of agriculture
may prescribe, shall accompany each car, box, bundle or package
sold, exchanged, given away, delivered or shipped, and unless
such certificate or license is dated within twelve months of the
date of delivery or shipment; but this section shall not be taken
to prohibit the selling, giving or exchanging of trees, plants or
shrubs by persons who are not growers of or dealers in nursery
stock.

Transportation of Nursery Stock, etc.

SECTION 5. Every person, firm, corporation, transportation
company or common carrier, bringing into the state, or receiving
for transportation to a point within the state from outside
thereof, any car, box, bundle, package or consignment in any
form, of living trees, shrubs or plants commonly known as
nursery stock, shall immediately notify the state nursery in-
spector of the fact that such consignments have been received
by him or it and give the name and address of the consignee
in each case, together with such further report as may be re-
quired by the state nursery inspector under other provisions of
this act. Failure on the part of any person, firm, corporation,
transportation company or common carrier to conform to these
requirements shall be deemed a misdemeanor, and shall be pun-
ishable by a fine as prescribed in section ten of this act.

Powers of State Nursery Inspector, etc.

SECTION 6. The state nursery inspector, either personally
or through his deputies, shall have power to inspect at its point
of destination all nursery stock coming into the state, and
should such stock be found to be infested with injurious insects

or plant diseases he may cause it to be destroyed, or treated or
returned to the consignor at the consignor's expense. The state
nursery inspector, either personally or through his deputies,
shall also have power to inspect all fruits brought into the state
from any other state, province or country, grown on plants,
shrubs or trees of kinds which also grow out of doors in this
state, and, should such fruits be found to be infested with in-
jurious insects or plant diseases liable to establish themselves
in this state, he may cause such fruits to be destroyed, or treated
or returned to the consignor at the consignor's expense.

Inspection, etc.

SECTION 7. The state nursery inspector, either personally or
through his deputies, may inspect any orchard, field, garden,
roadside or other place where trees, shrubs or other plants are
growing out of doors, either on public or private land, which
he may know or have reason to suspect is infested with the San
Jose scale or any serious insect pest or plant disease, when in
his judgment such pests or diseases are liable to cause financial
loss to adjoining owners; and may serve written notice upon the
owner, or owners, occupant or person in charge of trees, shrubs
or other plants thus infested, of the presence of such pests or
plant diseases, with a statement that they constitute a public
nuisance, together with directions to abate the same, giving the
methods of treatment for the abatement thereof, and stating
a time within which the nuisance must be abated in accordance
with the methods given in the notice. If the person or persons
so notified shall refuse or neglect so to treat or destroy such
trees, shrubs or other plants within the time prescribed, the
state nursery inspector may cause such property to be so treated,
or destroyed, and may employ all necessary assistants for this
purpose, and such assistants shall have the right to enter upon
any public or private property, if such entry is necessary for
this purpose. Upon the completion of said treatment the state
nursery inspector shall certify in writing to the owner or person
in charge of the treated property the amount of the cost of such
treatment, and if this be not paid to the secretary of the state
board of agriculture within ninety days thereafter, the same may
be recovered by suit, together with the costs of suit.

Appeal may be taken, etc.

SECTION 8. In case of objection to the action of the state
nursery inspector or his deputy in executing any provision of
this act, an appeal may be taken within ten days to the secre-
tary of the state board of agriculture, and the appeal shall
act as a stay of proceedings until it has been heard and decided
by the secretary of the state board of agriculture, whose decision
shall be final.

Powers of the Secretary of the State Board of Agriculture.
SECTION 9. When the secretary of the state board of agri-
culture has heard an appeal and has rendered a decision that the
action of the state nursery inspector from which the appeal was
taken is sustained, the state nursery inspector shall notify in
writing the owner or owners, occupant or person in charge of the
trees, shrubs, or other plants concerned, of the decision of the
secretary, and shall direct him or them within a given time to
treat or destroy the trees, shrubs or other plants in accordance
with a method prescribed in the notice. If the person or persons
so notified shall refuse or neglect so to treat or destroy such
trees, shrubs or other plants within the time prescribed, the
state nursery inspector may cause such property to be so* treated,
or destroyed, and the cost of the treatment to be collected as
provided in section seven of this act.

Penalty.

SECTION 10. Any person, firm or corporation violating any
provision of this act or offering any hindrance to the carrying
out of any part thereof, shall be punished by a fine of not less
than ten nor more than one hundred dollars for each offence.

Prosecutions, etc.

SECTION 11. All prosecutions under the provisions of this act
shall be instituted by the secretary of the state board of agri-
culture and shall be directed by him, and all penalties and costs
recovered for the violation of any provisions of this act shall
be paid to the secretary of the state board of agriculture, and by
him immediately paid into the state treasury, to be kept as a
fund for the use of the state nursery inspector in the enforce-
ment of this act and as an addition to the appropriation pro-
vided for in this act, to be drawn from the treasury in the same
manner as said appropriation.

Powers of State Nursery Inspector.

SECTION 12. The state nursery inspector, with the approval
of the secretary of the state board of agriculture, may prohibit
for such periods and under such conditions as in his judgment
may seem necessary, the delivery within the state of nursery
stock from any other state, province or country when in his
opinion such nursery stock is liable to be infested with insect
pests or diseases not already present in this state. He, with
the approval of the secretary of the state board of agriculture,
shall have power to prescribe such general requirements as may
be needed to carry out the provisions of this act, and may
publish information about such insects and diseases as are con-
cerned in this act.

Not to apply in Certain Cases.

SECTION 13. No provision of this act shall be considered as
applying to the gypsy or brown tail moths or any stage thereof
except upon places where nursery stock is grown and upon
property immediately adjoining the same.

t Season for Inspection.

SECTION 14. The state nursery inspector shall determine the
season for inspecting nurseries and the forms of certificates to
be given, but in no case shall he issue a certificate which shall
continue in force after the first day of July next following the
date of inspection. He, or any of his deputies, shall at all times
have the right to enter any public or private grounds in the
performance of any duty required by this act. The state nursery
inspector shall receive five hundred dollars annually for his
services under this act and his travelling and other expenses
necessarily incurred in his service hereunder. Each of his
deputies shall receive a sum to be fixed by the state nursery
inspector with the approval of the secretary of the state board
of agriculture, but which in no case shall exceed five dollars for
each day's service required of him under this act, and his travel-
ling and other expenses necessarily incurred in such service.

Expenditure.

SECTION 15. A sum not exceeding fifteen thousand dollars
may be expended by the state board of agriculture in carrying
out the provisions of this act.

Repeal.

SECTION 16. Chapter four hundred and forty-four of the acts
of the year nineteen hundred and nine, and all other acts or
parts of acts inconsistent herewith are hereby repealed; but this
repeal shall not affect any act done or proceeding begun under
any act hereby repealed.

Time of taking Effect.

SECTION 17. This act shall take effect on the first day of
December, nineteen hundred and twelve.

Notification of Fruit Importations.

SECTION 18. Every person, firm or corporation, except com-
mon carriers, who shall receive, bring or cause to be brought into
the state from such states, provinces or countries as may be
designated by the secretary of the state board of agriculture,
any fruits grown on plants, shrubs or trees of kinds which also
grow out of doors in this state, shall immediately after the
arrival thereof notify the state nursery inspector of such arrival
and hold the same until they have duly been inspected.

2. APIARY INSPECTION.

ACTS OF 1911, CHAPTER 220.
Inspector of Apiaries, Appointment.

SECTION 1 (as amended by G. A., 1916, 45 § !)• The state board
of agriculture shall annually appoint some person qualified by
scientific training and practical experience in bee keeping to be
state inspector of apiaries, who shall be responsible to said
board for the performance of his duties under this act, and may
be removed from office by said board for neglect of duty or
malfeasance in office. The inspector of apiaries, with the ap-
proval of the said board, may appoint such deputies as he may
deem necessary. The inspector shall receive five hundred dollars
annually for his services under this act, and his travelling and
other necessary expenses, and may expend for office assistance
such amount as may be necessary. Each of his deputies shall
receive a sum not exceeding five dollars for each day of service,
to be fixed by the inspector of apiaries with the approval of the
said board, and his travelling and other necessary expenses.

Duties of the Inspector, etc.

SECTION 2. It shall be the duty of the inspector of apiaries
to prepare and distribute from time to time such literature
upon the subject of bee culture, with the approval of the state
board of agriculture, as may be deemed advisable. He shall also
annually make or cause to be made through his deputies such
inspection of the apiaries throughout the state as may be
deemed necessary to discover and suppress all bee diseases of a
contagious nature, and he shall have authority, with the ap-
proval of said board, to make and issue reasonable regulations
for carrying out the provisions of this act.

Keeping of Bees prohibited in Certain Cases.

SECTION 3. No person shall keep a colony of bees affected
with the disease known as foul brood, black brood, or with any
other infectious or contagious disease harmful to honey bees in
the egg, larval, pupal or adult stage, except as provided by
section four of this act; and every bee keeper, when he becomes
aware of the existence of such a disease among his bees, shall at
once notify the inspector of apiaries of the existence of the same.
Any person who, knowing that a contagious or infectious disease
exists among his bees, sells, barters or gives away, or in any
other way disposes of the same in whole or in part, or any
product of the same, or any hive, super, frame, section or other
appliance used about the diseased bees, in such manner as to
cause the spread of the disease, shall, upon conviction before a
court or justice, be liable to the penalties named in section nine
of this act.

Diseased Bees to be held in Quarantine.

SECTION 4. The inspector of apiaries shall, upon the dis-
covery of foul brood, black brood or other infectious or con-
tagious disease, send to the owner of the diseased bees an order
in writing that such bees shall be held in quarantine until such
time as the same are released by a written permit from the
inspector of apiaries, and bees so placed in quarantine shall not
be removed from the premises of the owner under the penalties
named in section nine of this act.

Instructions in Treatment of Diseased Bees.

SECTION 5. Upon the discovery of a case of foul brood,
black brood, or other infectious or contagious disease in any
apiary 'or colony, the inspector of apiaries or his deputies shall
give such instructions to the owner or caretaker thereof as to the
treatment of the diseased colonies as may be necessary. If
upon subsequent inspection the disease is still found to exist
in tl^e apiary or colony, the inspector of apiaries or his deputies
may cause the diseased colonies to be destroyed in such manner
as to prevent the spread of the disease.

Regulations concerning Shipping or Transportation of Bees.

SECTION 6. No colony of bees shall be shipped or trans-
ported into the state for delivery to any consignee residing within
the state from any state or foreign country having an inspector
of apiaries or other officer charged with the duties commonly
performed by an inspector of apiaries, unless said colony be
accompanied by a certificate in writing from such officer, stating
that he has inspected said colony and that it is free from in-
fectious or contagious diseases. Whenever a colony of bees shall
be shipped or transported into the state from any state or
foreign country not having an inspector of apiaries or other
officer charged with the duties commonly performed by an in-
spector of apiaries, the consignee shall, upon the receipt of
said colony, forthwith notify the state inspector of apiaries of its
receipt and the state inspector of apiaries shall forthwith in-
spect the same. No transportation company or common carrier
shall accept for transportation into the state or shall deliver
any colony of bees from a state or foreign country having an
inspector of apiaries, or other officer charged with the duties
commonly performed by an inspector of apiaries, to any consignee
residing within the state, unless such colony is accompanied
by a certificate of inspection as heretofore provided. No com-
mon carrier shall be liable for damages to the consignee or con-
signor for refusing to receive, transport or deliver such a colony
when not accompanied by a certificate of inspection as above
provided. Nothing in this section shall be construed to prevent
the transportation or delivery of queeri bees when not accom-
panied by brood or comb.

Inspector to have Access to Places where' Bees are kept.

SECTION 7. For the purpose of enforcing this act the in-
spector of apiaries or his deputies shall have access, ingress and
egress to and from all places where bees, bee products or supplies
or appliances used in apiaries are kept.

Record to be kept of Apiaries visited.

SECTION 8. The inspector of apiaries shall keep a detailed
record of the number and location of all apiaries visited by him
or his deputies, the number and location of all colonies found
diseased and the treatment thereof, and the expenditure incurred
in the performance of his duties. He shall report to the state
board of agriculture annually, and at such other times as the
board may request, and his annual report shall be published in
the annual report of the state board of agriculture.

Penalties.

SECTION 9. Any person convicted of the violation of any pro-
vision of this act shall be subject to a fine not exceeding ten dol-
lars for the first offence,' to a fine not exceeding twenty-five
dollars for the second offence, and to a fine not exceeding fifty
dollars for any subsequent offence.

Expenditures.

SECTION 10. A sum not exceeding two thousand dollars may
annually be expended by the state board of agriculture in carry-
ing out the provisions of this act.

3. COMMERCIAL FERTILIZERS.

ACTS OF 1911, CHAPTER 388.
Sale of Commercial Fertilizers.

SECTION 1. No commercial fertilizer shall be sold or offered
or exposed for sale in this commonwealth without a plainly
printed label accompanying it, displayed in the manner herein-
after set forth, and truly stating the following particulars : -

1. The number of pounds of the fertilizer sold or offered or
exposed for sale.

2. The name, brand or trade-mark under which the fertilizer
is sold, and, in the case of agricultural lime, its particular form.

3. The name and principal address of the manufacturer,
importer or other person putting the fertilizer on the market in
this commonwealth.

4. The minimum percentage of each of the following con-
stituents which the fertilizer may contain : (a) nitrogen, (6) phos-
phoric acid soluble in distilled water, (c) available phosphoric
acid, (d) total phosphoric acid, (e) potash soluble in distilled
water; except that in the case of undissolved bone, untreated
phosphate rock, tankage, pulverized natural manures, the ground
seeds of plants, and wood ashes, when sold unmixed with other
substances, the minimum percentage of total phosphoric acid
therein may be stated in place of the percentages of soluble
and available phosphoric acid; and except that in the case of
agricultural lime the label shall truly state the following: (a)
minimum and maximum percentage of total lime, (6) minimum
and maximum percentage of total magnesia, (c) minimum per-
centage of lime and magnesia combined as carbonates, (d) min-
imum percentage of lime sulphate in gypsum or land plaster.

5. If any part of the nitrogen contained in the fertilizer is
derived from pulverized leather, raw, roasted or steamed; or
from untreated hair, wool waste, peat, garbage tankage, or from
any inert material whatsoever, the label shall truly state the
specific material or materials from which such part of the nitro-
gen is derived.

Label to be affixed.

SECTION 2. When any fertilizer is sold or offered or exposed
for sale in packages, the label shall be affixed in a conspicuous
place on the outside thereof. When any fertilizer, other than
the product of gas-houses, known as gas-house lime, is offered
or exposed for sale in bulk the label shall be affixed in a con-
spicuous place to the bin or other enclosure in which the fertilizer
is contained but need not state the number of pounds thereof.
And when any fertilizer other than gas-house lime aforesaid is
sold in bulk, the label shall be affixed in a conspicuous place to
the car or other vehicle in which the fertilizer is shipped or
delivered and shall state the number of pounds thereof. When
any fertilizer is sold in packages furnished by the purchaser the
seller shall furnish the labels therefor.

Provisions of Label.

SECTION 3. The provisions of the printed label required
by this act relating to the constituents contained in any fertilizer
shall be known and recognized as the guaranteed analysis of such
fertilizer, and the available phosphoric adid in basic phosphatic
slag shall be stated in the label thereof on the basis of the results
of an analysis by the Wagner Method, so-called, until such
time as the Association of Official Agricultural Chemists of
North America shall adopt a method of analysis for basic phos-
phatic slag, after which the available phosphoric acid shall be
stated on the basis of an analysis by the method of said asso-
ciation.

Violation of Act.

SECTION 4. Any manufacturer, importer, or other person
selling or offering or exposing for sale in this commonwealth
a commercial fertilizer or brand of commercial fertilizer, any
constituent part of which is of a smaller percentage than it is
stated to be in the label of said fertilizer, and any manufacturer,
importer, or other person selling or offering or exposing for sale
in this commonwealth a fertilizer or brand of fertilizer with a
label which is untrue in any particular, shall be deemed to have
committed a violation of this act.

True Copy of Label to be filed.

SECTION 5. No manufacturer, importer, or other person shall
sell or offer or expose for sale in this commonwealth any com-
mercial fertilizer until he shall have filed with the director of
the Massachusetts Agricultural Experiment Station a copy
certified by him to be a true copy of the label required by this
act, excepting the item as to the number of pounds, for every
brand of fertilizer to be sold or offered or exposed for sale in this
commonwealth, and shall have paid to the said director an
annual analysis fee for every brand aforesaid as follows: eight
dollars for nitrogen, eight dollars for phosphoric acid, eight dol-
lars for potash contained or stated to be contained in any such
brand of fertilizer, and twelve dollars for every brand of agri-
cultural lime except gas-house lime. The certified copy of the
label of every brand of fertilizer to be sold or offered or exposed
for sale in this commonwealth shall be filed with, and the proper
analysis fee for every such brand shall be paid to, the director
of the Massachusetts Agricultural Experiment Station prior to

the first day of January of the calendar year in which the brand
is to be sold or offered or exposed for sale. But should a manu-
facturer, importer, or other person desire in any year to sell or
to offer or expose for sale in this commonwealth any brand of
commercial fertilizer in respect of which the requirements of
this section as to the filing of a copy of the label thereof and the
payment of the analysis fee therefor have not been complied
with before the first day of January of said year, the said manu-
facturer, importer or other person may offer or expose for sale
and sell the said brand in this commonwealth upon filing a certi-
fied copy as aforesaid of the label thereof and paying the full
analysis fee therefor. No agent or other person shall be obliged
to file a copy of the label of, or pay an analysis fee for, any
brand of fertilizer for which a certified copy of the label has
been filed and the analysis fee has been paid by the manu-
facturer or importer of such brand.

Any manufacturer, importer, or other person filing with the
director of the Massachusetts Agricultural Experiment Station a
false copy of the printed label of any fertilizer or brand of fer-
tilizer shall be deemed to have committed a violation of this
act.

Certificate of filing Label.

SECTION 6. When both the certified copy of the label of any
brand of fertilizer has been filed and the analysis fee therefor has
been paid as provided in section five of this act, the director of
the Massachusetts Agricultural Experiment Station shall issue
or cause to be issued a certificate to that effect; and the cer-
tificate shall be deemed to authorize the sale in this common-
wealth, in compliance with this act, of the brand of fertilizer
for which the certificate is issued, up to and including the thirty-
first day of December of the year for which it is issued.

Analysis.

SECTION 7. Every commercial fertilizer and brand of com-
mercial fertilizer sold or offered or exposed for sale in this com-
monwealth shall be subject to analysis by the director of the
Massachusetts Agricultural Experiment Station or by his duly
designated deputy or deputies. And the said director is hereby
authorized and it is made his duty to make or cause to be made
in each year one or more analyses of every fertilizer and brand
of fertilizer sold or offered or exposed for sale in this common-

wealth, and to collect the annual analysis fee provided for by
section five of this act. The said director, his inspectors and
deputies, are further authorized to enter upon any premises
where any commercial fertilizer is sold or offered or exposed for
sale to ascertain if the provisions of this act are complied with,
and to take samples for analysis as provided for by this act.
The analysis of all fertilizers shall be made by the methods
adopted by the Association of Official Agricultural Chemists
of North America, except that basic phosphatic slag may be
analyzed by the Wagner Method, so-called, until a method of
analysis therefor is adopted by said association. The said direc-
tor shall have the right to publish or cause to be published in
reports, bulletins, special circulars or otherwise, the results
obtained by said analyses, and in connection therewith shall,
in each case, state the cost of equivalent amounts of nitrogen,
phosphoric acid and potash in unmixed materials when bought
for cash on the market at retail. Said reports, bulletins, cir-
culars, or other publications shall also contain such additional
information in relation to the character, composition, value and
use of the fertilizers analyzed as the said director in his discre-
tion may see fit to include. The said director may at any time
make or cause to be made for any person a free analysis of any
commercial fertilizer or brand of commercial fertilizer sold or
offered or exposed for sale in this commonwealth, but he shall
not be obliged to make such free analysis, or to cause the same
to be made, unless the samples therefor are taken and submitted
in accordance with the rules and regulations which may be pre-
scribed by him. The results of any analysis made in accordance
with the provisions of this act, except a free analysis as afore-
said, shall be sent by the director to the person named in the
printed label of the fertilizer analyzed at least fifteen days before
any publication thereof.

Taking of Samples, etc.

SECTION 8. All samples of commercial fertilizers taken for
analysis shall be of not less than substantially one and one-half
pounds in weight, and every sample shall be taken, whenever
the circumstances conveniently permit, in the presence of the
person selling or offering or exposing for sale the fertilizer
sampled, or of a representative of such person. Broken packages
shall not be sampled, and all samples shall be taken from sub-
stantially ten per cent of the fertilizer to be sampled, except

that in the case of a fertilizer sold or offered or exposed for sale
in bulk ten single samples shall be taken from as many different
portions of the lot. All samples taken shall be thoroughly mixed
and divided into two nearly equal samples, placed in suitable
vessels and marked and sealed. Both shall be retained by the
director, but one shall be held intact by him for the period of one
year at the disposal of the person named in the label of the
fertilizer sampled.

Penalty.

SECTION 9. Any person hindering or obstructing the director
of the Massachusetts Agricultural Experiment Station, or any
inspector or deputy of the said director, in the discharge of the
authority or duty conferred or imposed by any provision of this
act and any person violating any provision of sections one, two,
three, four and five of this act shall be fined not less than fifty
dollars and not more than two hundred dollars for each offence.
It shall be the duty of the said director to see that the provisions
of this act are complied with, and he may, in his discretion,
prosecute or cause to be prosecuted any person violating any
provision of this act. But no complaint based upon an analysis
of samples shall be made for .any such violation, if the samples
were taken otherwise than as provided in this act. And no com-
plaint shall be made for a failure of any fertilizer or brand of
fertilizer to meet the guaranteed analysis thereof if the analysis
of such fertilizer made by the director, or by his deputy or
deputies, shows the amounts of the constituents thereof to be
substantially equivalent to the percentages stated in the label
of the fertilizer.

Fees.

SECTION 10. All fees collected by the director of the Massa-
chusetts Agricultural Experiment Station under the provisions of
this act shall be turned over by him to the treasurer of the said
station, and the amounts received and disbursed shall be kept in
a separate account, and shall be audited and reported, as are
other moneys placed in charge of the trustees of the Massachu-
setts Agricultural College. The money collected under the pro-
visions hereof shall be used under the authority of the said
director to meet the expenses incurred in carrying out the pro-
visions of the act, and should there be a surplus, the surplus
shall be used in the Massachusetts Agricultural Experiment
Station, under the authority of its director, for experiments and
research relative to soils, fertilizers and manures.

Certain Terms defined.

SECTION 11. In this act unless the context or subject-matter
otherwise requires,

"Agricultural lime" includes all the various forms of lime
intended or sold for fertilizing purposes.

"Available phosphoric acid" means the sum of the soluble and
reverted phosphoric acid, except that, as applied to basic phos-
phatic slag, the term "available phosphoric acid" shall mean
that part of the phosphoric acid made soluble by the Wagner
method, so-called, until such time as the Association of Official
Agricultural Chemists of North America shall adopt a method for
basic phosphatic slag, after which it shall mean that part of the
phosphoric acid made soluble by the method of said association.

"Brand" means any commercial fertilizer distinctive by
reason of name, trade-mark or guaranteed analysis, or by any
method of marking.

"Commercial fertilizer" includes every natural or artificial
manure containing nitrogen or phosphoric acid or potash or lime,
except the excrements and litter from domestic animals when
sold in their natural state; but dried or partly dried manure,
pulverized or ground, shall be included as a commercial fertilizer.

"Copy" means certified copy.

"Fertilizer" means commercial fertilizer.

"Importer" means a person who procures for sale in this
commonwealth commercial fertilizers made in other states or
countries.

"Label" means printed label.

"Lime" means calcium oxide (Cao).

"Magnesia" means magnesium oxide (MgO).

"Packages" includes sacks and bags and all other receptacles.

"Person" includes a corporation or partnership or two or more
persons having a joint or common interest.

"Phosphoric acid" means phosphoric anhydrid

"Potash" means potassium oxide (K^O).

Repeal.

SECTION 12. Sections eleven to seventeen inclusive of chapter
fifty-seven of the Revised Laws and chapter two hundred and
eighty-nine of the acts of the year nineteen hundred and seven
are hereby repealed.

4. COMMERCIAL FEEDSTUFFS.

ACTS OF 1912, CHAPTER 527.
Sale and Analysis of Certain Foodstuff.

SECTION 1. In this act, unless the context otherwise requires:
— The term "commercial feeding stuff'' shall include all feeding
stuff used for feeding live stock and poultry and containing not
more than sixty per cent of water, except whole seeds or grains,
and the unmixed meals made directly from the entire grains of
corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, and
milo, whole hays, whole straws, unground cotton seed hulls and
unground corn stover when unmixed with other materials.

The term "cattle feed" shall include all materials used for
feeding live stock and poultry.

"Brand" shall mean any commercial feeding stuff or cattle
feed distinctive by reason of name, trade-mark or guaranteed
analysis or by any method of marking.

"Crude protein" shall mean the percentage of nitrogen multi-
plied by the factor six and twenty-five one hundredths.

"Copy", shall mean certified copy.

"Feeding stuff" shall mean commercial feeding stuff.

"Importer" shall mean a person who procures for sale or
distribution in this commonwealth commercial feeding stuff or
cattle feed from other states or countries.

"Label" shall mean printed label.

"Package" shall include sacks and bags, tins, boxes, jars, and
similar receptacles.

"Person" shall include a corporation or partnership or two or
more persons having a joint or common interest.

"Tag" shall mean printed tag.

Tag or Label to be attached to Packages.

SECTION 2. Every package, lot or parcel of commercial feeding
stuff sold or offered or exposed or kept for sale or distributed
within this commonwealth shall have affixed thereto in a con-
spicuous place, as hereinafter set forth, a tag or label containing
a legible and plainly printed statement in the English language,
clearly and truly certifying:

(a) the weight of the contents of the package, lot or parcel;

(6) the name, brand or trade-mark;

(d) the minimum per cent of crude protein;

(e) the minimum per cent of crude fat;
(/) the maximum per cent of crude fibre;

(g) the specific name of each ingredient used in its manu-
facture.

Tag to be affixed in a Conspicuous Place.

SECTION 3. When any feeding stuff is sold or offered, exposed
or kept for sale or distributed in packages, the tag or label shall
be affixed in a conspicuous place on the outside thereof. When
any feeding stuff is offered, exposed or kept for sale in bulk, the
tag or label shall be affixed in a conspicuous place on the bin or
other enclosure in which the feeding stuff is contained, but need
not state the number of pounds thereof. And when any feeding
stuff is sold or distributed in bulk the label shall be affixed in a
conspicuous place on the car or other vehicle in which the feeding
stuff is shipped or delivered or distributed and shall state the
number of pounds thereof. When any feeding stuff is sold in
packages furnished by the purchaser the seller shall furnish the
tags or labels therefor. The provisions of the printed tag or
label required by this act relating to the constituents contained
in any commercial feeding stuff shall be known and recognize
as the guaranteed analysis of such feeding stuff.

Copy of the Tag or Label to be filed with the Director of the Massachu-
setts Experiment Station.

SECTION 4. Before any manufacturer, importer or other per-
son shall sell, or offer, expose, or keep for sale, or distribute in
this commonwealth any commercial feeding stuff, he shall file
with the director of the Massachusetts agricultural experiment
station, or his authorized deputy, for registration, a copy certi-
fied by him to be a true copy of the tag or label required by this
act, excepting the item as to the number of pounds, for every
brand of feeding stuff to be sold or offered, exposed or kept for
sale or to be distributed in this commonwealth. But no agent
or other person shall be obliged to file a copy of the tag or label
of any brand of feeding stuff, a copy of which has been filed by
the manufacturer or importer of such brand and for which a
certificate of registration has been issued. No feeding stuff or
brand of feeding stuff shall be sold or offered, exposed or kept
for sale or distributed in this commonwealth until the tag or
label therefor has been registered by the director of the Massa-
chusetts agricultural experiment station, or his authorized deputy,
and a certificate of such registration has been issued by him.

Certified Copy, etc.

SECTION 5. A certified copy of the tag or label required by
this act shall be filed with the director of the Massachusetts
agricultural experiment station, or his authorized deputy, for
registration prior to the first day of September in each year for
every brand of commercial feeding stuff to be sold or offered,
exposed or kept for sale or to be distributed in this common-
wealth during the year beginning with said first day of Septem-
ber. The said director or his authorized deputy may thereafter
permit a manufacturer, importer or other person to file a copy
of the tag or label of a brand of feeding stuff, and may register
the same for said year in accordance with the rules and regula-
tions which may be prescribed by the said director.

Tag or Label to be registered.

SECTION 6. When the certified copy of the tag or label of any
brand of commercial feeding stuff has been filed as provided by
this act, the director of the Massachusetts agricultural experi-
ment station, or his authorized deputy, shall register such tag
or label if he finds the same to be in accordance with the require-
ments of this act, and shall issue, or cause to be issued, a cer-
tificate of such registration, and the said certificate shall be
deemed to authorize the sale in this commonwealth, in compli-
ance with this act, of the brand of feeding stuff for which the
certificate is issued, up to and including the thirty-first day of
August of the year for which it is issued.

Misleading or Deceptive Tag prohibited.

SECTION 7. The director of the Massachusetts agricultural ex-
periment station or his authorized deputy may refuse to register
any commercial feeding stuff under a name, brand, or trade-
mark which, in his opinion, would be misleading or deceptive,
or which would tend to mislead or deceive^ as to the materials
of which the feeding stuff is composed. The director or his said
deputy may refuse to register more than one feeding stuff under
the same name or brand, or to register any feeding stuff under
a name or brand to the use of which the applicant for registra-
tion is not lawfully entitled. Should any feeding stuff be regis-
tered in this commonwealth and it be discovered afterward that
any provision of this act was violated in obtaining such regis-
tration or that such registration is in any respect in violation of

any provision of this act, the director of the Massachusetts agri-
cultural experiment station, and his authorized deputy, shall
have power to cancel such registration and the certificate issued
therefor. No manufacturer, importer, or other person shall sell
or offer or expose or keep for sale or distribute in this common-
wealth any commercial feeding stuff, registration whereof has
been cancelled by the director or his authorized deputy.

Analysis, etc.

SECTION 8. Every commercial feeding stuff and cattle feed, or
brand thereof, sold or offered, exposed or kept for sale or distrib-
uted in this commonwealth shall be subject to analysis by the
director of the Massachusetts agricultural experiment station, or
by his designated deputy or deputies, and the said director is
hereby authorized and it is made his duty to make or cause to
be made in each year one or more analyses of every brand of
feeding stuff sold or offered, exposed or kept for sale or dis-
tributed in this commonwealth, and he is hereby given free
access in person and by deputy to all places of business, mills,
buildings, carriages, cars, vessels and other receptacles of what-
soever kind used in the manufacture, sale, storage or delivery
of any feeding stuff or cattle feed in this commonwealth, or in
the importation or transportation of any feeding stuff or cattle
feed for sale or distribution in this commonwealth. The director
and his deputies are further authorized to open any receptacle
containing or supposed to contain any feeding stuff or cattle feed
for sale or distribution as aforesaid, and to take samples for
analysis, as provided by this act. The methods of analyses of
all feeding stuffs and cattle feeds shall be those in force at the
time by the Association of Official Agricultural Chemists of
North America.

Rights of Director, etc.

SECTION 9. The said director shall have the right to publish
or cause to be published in reports, bulletins, special circulars,
or otherwise the results obtained by said analyses, and said re-
ports, bulletins, circulars, or other publications shall contain such
additional information in relation to the character, composition,
value and use of the feeding stuffs or cattle feed analyzed as the
director may, in his discretion, see fit to include. The said
director, in his discretion, may at any time make or cause to be
made for consumers a free analysis of any brand of feeding stuff

or cattle feed sold or offered or exposed or kept for sale or dis-
tributed in this commonwealth; but all samples for such free
analysis shall be taken and submitted in accordance with the
rules and regulations which may be prescribed by the director.
The results of any 'analysis of a commercial feeding stuff made
in accordance with the provisions of this act, except a free
analysis as aforesaid, shall be sent by the director, at least fif-
teen days before any publication thereof, to the person named
on the tag or label of the feeding stuff analyzed.

Samples to be taken, etc.

SECTION 10. All samples for analysis of any commercial feed-
ing stuff or cattle feed shall be taken, whenever the circum-
stances conveniently permit, in the presence of at least one wit-
ness, and no action shall be maintained for a violation of the
provisions of this act based upon an analysis of a sample taken
from less than five separate original packages, unless there be
less than five separate original packages in the lot, in which case
parts of the official sample shall be taken from each original
package. If the feeding stuff or cattle feed is in bulk, parts
shall be taken from not less than five different places in the
lot: provided, that this shall not exclude sampling from bulk
when the feeding stuff or cattle feed is not exposed sufficiently
to take parts from five different places, in which case parts shall
be taken from as many places as practicable. All samples thus
taken shall be placed in suitable vessels, marked and sealed. A
part of each sample shall be held by the said director or his
deputy at the disposal of the person named on the tag or label
of the feeding stuff sampled for fifteen days after the results of
the analysis have been reported as provided in section nine.

Selling of Mixed Stuffs prohibited.

SECTION 11. No commercial feeding stuff or cattle feed or
brand thereof that has been mixed or adulterated with any sub-
stance or substances injurious to the health of live stock or
poultry shall be sold or offered or exposed or kept for sale or
distributed in this commonwealth.

Penalty for selling without Tag or Label.

SECTION 12. Any manufacturer, importer, or other person who
shall sell or offer, expose or keep for sale, or distribute in this
commonwealth, any commercial feeding stuff without the tag or

label required by this act, or with a tag or label that has not
been registered, or with a tag or label the registration of which
has been cancelled by the director of the Massachusetts agricul-
tural experiment station or his authorized deputy, or who shall
file with the said director or his authorized deputy for registra-
tion a false copy of the tag or label of any feeding stuff or brand
of feeding stuff, or who shall impede, obstruct or hinder the
director or any of his deputies in the discharge of the authority
or duty conferred or imposed by any provision of this act, or
who shall sell or offer, expose or keep for sale or distribute in
this commonwealth any feeding stuff which contains a smaller
per cent of crude protein or crude fat, or a larger per cent of
crude fibre than is certified in the tag or label of such feeding
stuff to be contained therein, or who shall fail properly to state
the specific name of every ingredient used in its manufacture,
or who shall sell or offer, expose or keep for sale or distribute
in this commonwealth any feeding stuff or cattle feed or brand
thereof which has been mixed or adulterated with any substance
or substances injurious to the health of live stock or poultry
shall be deemed guilty of a violation of this act and upon con-
viction any such manufacturer, importer or other person shall
be fined not more than one hundred dollars for the first viola-
tion, and not less than one hundred dollars for each subsequent
violation.

Rules and Regulations.

SECTION 13. It shall be the duty of the director of the Massa-
chusetts agricultural experiment station to see that the provi-
sions of this act are complied with, and he may prescribe and
enforce such rujes and regulations relative to the sale of com-
mercial feeding stuff or cattle feed as he deems necessary to carry
into effect the full intent and meaning of this act. He may in his
discretion prosecute or cause to be prosecuted any person violat-
ing any provision of this act, and no complaints shall be made or
prosecuted for any such violation except with the authorization
and approval of the said director.

Appropriation .

SECTION 14. To defray the cost of collecting samples, making
analyses, and of otherwise carrying out the provisions of this
act, a sum not exceeding six thousand dollars shall be allowed
annually from the treasury of the commonwealth, payable in
quarterly payments into the treasury of said station. All moneys

received and disbursed under this act shall be kept in a separate
account and shall be audited and reported as are other moneys
placed in charge of the trustees of the Massachusetts Agricul-
tural College. In case at any time there should be a surplus, the
surplus shall be used in the Massachusetts agricultural experi-
ment station, under the authority of its director, for experiments
and research relative to the feeding of farm animals.

Repeal.

SECTION 15. Chapter one hundred and twenty-two of the acts
of the year nineteen hundred and three, chapter three hundred
and thirty-two of the acts of the year nineteen hundred and four,
and all acts and parts of acts inconsistent herewith are hereby
repealed.

III. STATUTES RELATING TO RURAL CREDIT, CO-OPERA-
TION AND DRAINAGE.

1. CREDIT UNIONS.i

GENERAL ACTS OF 1915, CHAPTER 268.
" Credit Union," Term denned.

SECTION 1. A corporation organized under this act shall
include in the corporate name the two words "credit union", to
which may be added the word "bank." Other distinguishing
words may be used. The words "credit union", whenever here-
inafter used, shall apply to a corporation heretofore organized
under the provisions of chapter four hundred and nineteen of the
acts of the year nineteen hundred and nine, or hereafter organ-
ized under the provisions of this act.

Incorporation, etc.

SECTION 2. Seven or more persons, resident in this common-
wealth, who have associated themselves by an agreement in
writing with the intention of forming a corporation for the
purpose of accumulating and investing the savings of its members
and making loans to members for provident purposes, may, with
the consent of the board of bank incorporation, become a corpo-
ration upon complying with all of the provisions of section three
of this act. The board of bank incorporation is hereby author-
ized to grant such consent when it is satisfied that the proposed
field of operation is favorable to the success of such corporation,
and that the standing of the proposed incorporators is such as to
give assurance that its affairs will be administered in accordance
with the spirit of this act.

Certain Provisions of Law to apply to Organization.

SECTION 3. Credit unions shall be organized under the provi-
sions, so far as applicable, of sections two to six, inclusive, of
chapter three hundred and seventy-four of the acts of the year
nineteen hundred and four as amended by section four of chapter
two hundred and four of the acts of the year nineteen hundred
and six and any other amendments thereof, except that the fee

1 See also circular on "Credit Unions," published by the Massachusetts State Bank Commis-
sioner.

for filing and recording the articles of organization, including the
issuing by the secretary of the commonwealth of the certificate
of incorporation, shall be five dollars.

The provisions relating to supervision by the bank commis-
sioner, so far as applicable, of chapter five hundred and ninety of
the acts of the year nineteen hundred and eight and any amend-
ments thereof shall apply to credit unions incorporated under
this act.

Restrictions.

SECTION 4. No person, partnership or association, and no cor-
poration, except such as have heretofore been incorporated under
the provisions of chapter four hundred and nineteen of the acts
of the year nineteen hundred and nine and such as shall hereafter
be incorporated under the provisions of this act, shall hereafter
transact business under any name or title which contains the two
words "credit union." The proceedings authorized and the
penalties imposed under the provisions of section seventeen of
chapter five hundred and ninety of the acts of the year nineteen
hundred and eight and all acts in amendment thereof or in
addition thereto, so far as applicable, shall apply in all cases of
violation of the provisions of this- section.

Deposits and Loans.

SECTION 5. A credit union may receive the savings of its
members in payment for shares or on deposit; may lend to its
members at reasonable rates, or invest, as hereinafter provided,
the funds so accumulated; and may undertake such other activi-
ties relating to the purpose of the association, as its by-laws may
authorize, any provisions in section one of chapter one hundred
and fourteen of the Revised Laws notwithstanding.

By-laws.

SECTION 6. The by-laws shall prescribe the name of the corpo-
ration, the purposes for which it is formed, the conditions of
residence or occupation which qualify persons for membership,
the par value of the shares of capital stock and the maximum
number of shares which may be held by any one member, the
conditions on which shares may be paid in, transferred and with-
drawn, the conditions on which deposits may be received, and
withdrawn, the method of receipting for money paid on account
of shares or deposited, the number of directors and number of

members of the credit committee, the duties of the several
officers, the fines, if any, which shall be charged for failure to
meet obligations to the corporation punctually, the date of the
annual meeting of members, the manner in which members shall
be notified of meetings, the number of members which shall
constitute a quorum at meetings, and such other regulations as
may seem necessary.

Approval by Bank Commissioner.

SECTION 7. No credit union shall receive deposits or payments
on account of shares, or make any loans, until its by-laws have
been approved in writing by the bank commissioner, nor shall
any amendments to its by-laws become operative until they have
so been approved.

Certain Property exempt from Taxation.

SECTION 8. All property of a credit union, except real estate,
and all capital stock in a credit union shall be exempt from state
and local taxation, except legacy and succession taxes.

Capital to be Unlimited.

SECTION 9. The capital of a credit union shall be unlimited
in amount. Shares of capital stock may be subscribed for and
paid in such manner as the by-laws shall prescribe, except that
the par value of shares shall not exceed ten dollars.

Shares may be issued to Minors, etc.

SECTION 10. Shares may be issued and deposits received in
the name of a minor, and such shares and deposits may, in the
discretion of the directors, be withdrawn by such minor, or by
his parent or guardian, and in either case payments made on
such withdrawals shall be valid and shall release the said cor-
poration from any and all liability to the minor, parent, or
guardian. A minor under the age of eighteen years shall not
have the right to vote. If shares are held or deposits made in
trust, the name and residence of the beneficiary shall be dis-
closed, and the account shall be kept in the name of such holder
as trustee for such person. If no other notice of the existence
and terms of such trust has been given in writing to the cor-
poration, such shares or deposits may, upon the death of the
trustee, be transferred to or withdrawn by the person who was

named by the trustee as the beneficiary or by his legal repre-
sentatives, and such transfer or withdrawal shall release the cor-
poration from any and all liability to any other claimant upon
such stock or deposit.

Investment of Funds.

SECTION 11. The capital, deposits and surplus funds of a
credit union shall be invested in loans to members with the
approval of the credit committee as provided in section seven-
teen of this act, and any capital, deposits or surplus funds in
excess of the amount for which loans shall be approved by the
credit committee may be deposited in savings banks or trust
companies incorporated under the laws of this commonwealth,
or in national banks located therein, or may be invested in the
bonds of any other credit union or any farmland bank incor-
porated under the laws of this commonwealth, or in any securi-
ties which are at the time of their purchase legal investments
for savings banks in this commonwealth, or, with the approval
of the bank commissioner, may be deposited in other credit
unions or may be invested in the shares of other credit unions
or of farmland banks or co-operative banks incorporated under
the laws of this commonwealth: provided, that the total amount
invested in the shares of other credit unions, farmland banks or
co-operative banks shall not exceed thirty per cent of the capital
and surplus, and that not more than twenty per cent shall be
invested in the shares of other credit unions, nor more than
twenty per cent in farmland bank shares, nor more than twenty
per cent in co-operative bank shares.

Fiscal Year.

SECTION 12. The fiscal year of every credit union shall end
at the close of business on the last business day of October.

Meetings.

SECTION 13. The annual meeting of the corporation shall be
held at such time and place as the by-laws prescribe, but must
be held within thirty days after the close of the fiscal year.
Special meetings may be called by a majority of the directors or
of the supervisory committee, and shall be called by the clerk
upon written application of ten or more members entitled to
vote. Notice of all meetings of the corporation and of all meet-
ings of the board of directors and of committees shall be given

in the manner prescribed by the by-laws. No member shall be
entitled to vote by proxy or to have more than one vote, and,
after a credit union has been incorporated one year, no member
thereof shall be entitled to vote until he has been a member for
more than three months.

Entrance Fee.

The members at each annual meeting shall fix the amount of
the entrance fee for the ensuing year, which may be made pro-
portional to the number of shares issued to a member, the maxi-
mum amount to be loaned any one member, and, upon recom-
mendation of the board of directors, may declare dividends in
accordance with the provisions of section twenty-two of this
act.

Acts of Credit Committee Subject to Review.

At any annual or special meeting the members may review the
acts of the credit committee or of the board of directors, and
may reverse any decision of the credit committee of the board
of directors by a three fourths vote of the members present and
entitled to vote: provided, that such three fourths vote com-
prises a majority of all of the members of the credit union.

Vacancies.

In the event of the death, resignation, or removal from office
of the board of directors or any member thereof, or of the credit
committee or of any member thereof, the members of the credit
union at a special meeting, called for the purpose, may elect
other members to fill the vacancies until the next annual meeting.

Amendment of By-laws.

At any annual or special meeting the members of a credit
union may amend the by-laws by a three fourths vote of the
members present and entitled to vote; provided, that a copy of
the proposed amendment or amendments shall have been sent to
each member with the notice of the meeting.

Board of Directors, Number, Election, etc.

SECTION 14. The business and affairs of a credit union shall
be managed by a board of not less^than five directors, a credit
committee of not less than three members, and a supervisory
committee of three members to be elected at the annual meeting

of the corporation. Unless the number of members of the credit
union is less than eleven, no member of said board shall be a
member of either of said committees, nor shall one person be a
member of more than one committee, and all the members of
said board and of said committees, as well as all officers whom
they may elect,, shall be sworn to the faithful performance of
their duties and shall hold their several offices until others are
elected and qualified in their stead. A record of every such
qualification shall be filed and preserved with the records of the
corporation. Members of the supervisory committee shall be
elected annually for a term of one year. Directors and mem-
bers of the credit committee shall be elected for a term of not
less than one year nor more than three years, as the by-laws
shall provide. If the term is more than one year, they shall be
divided into classes, and an equal number, as nearly as may be,
elected each year. If a director or a member of any of these
committees ceases to be a member of the credit union, his office
shall thereupon become vacant.

Election of Officers.

SECTION 15. The directors, at their first meeting after the
annual meeting of the corporation, shall elect from their own
number a president, a vice president, a clerk and a treasurer, who
shall be the executive officers of the corporation, and who shall
hold office until their successors shall have been elected and
qualified. The offices of clerk and treasurer may be held by the
same person.

Directors, Powers, Duties, etc.

The board of directors shall have the general direction of the
affairs of the corporation, and shall meet as often as may be
necessary. It shall be their special duty to act upon all applica-
tions for membership and upon the expulsion of members, to fix
the amount of the surety bond required of any officer having
custody of funds, to determine the rate of interest on loans and
deposits, to fill vacancies in the board of directors until new
members shall be elected and qualified, to make recommenda-
tions to the members of the credit union relative to the amount
of entrance fee to be charged new members, the maximum
amount to be loaned any one member, the advisability of de-
claring a dividend and the amount to be declared, the need of
amendments to the by-laws, and any other matters upon which,
in their opinion, the members should act at any annual or special

meeting. When authorized so to do by the members at any
annual meeting or at a special meeting called for the purpose,
the board of directors, with the approval of the bank commis-
sioner, may borrow money for the purpose of re-loaning to
members.

Supervisory Committee; Powers, Duties, 'etc.

SECTION 16. The supervisory committee shall inspect from
time to time the securities, cash and accounts of the corporation
and shall keep fully informed of the financial condition of the
corporation and shall supervise the acts of its board of directors,
credit committee and officers. At any time the supervisory
committee, by a unanimous vote, may suspend any officer of the
corporation, or any member or members of the credit committee
or of the board of directors, and, by a majority vote, may call a
meeting of the shareholders to consider any violation of this act
or of the by-laws, or any practice of the corporation which, in
the opinion of the committee, is unsafe or unauthorized. Within
seven days after the suspension of any officer, or any member or
members of the credit committee or of the board of directors, the
supervisory committee shall cause notice to be given of a special
meeting of the members of the credit union to take such action
relative to such suspension as may seem necessary. The super-
visory committee may make temporary appointments to fill
vacancies caused by the absence, illness or suspension of any
officer, director, or member of any committee, and shall fill any
vacancies in its own number until new members shall have been
duly elected and qualified. The board of directors and the super-
visory committee, acting jointly, shall make appointments to fill
vacancies in the credit committee until new members of the com-
mittee shall be duly elected and qualified.

Credit Committee to approve Loans.

SECTION 17. The credit committee shall hold meetings, of
which due nqtice shall be given to its members, for the purpose
of considering applications for loans, and no loan shall be made
unless all members of the. committee who are present when the
application is considered, and at least two thirds of all the mem-
bers of the committee, approve the loan and are satisfied that it
promises to benefit the borrower. All applications for loans shall
be made in writing and shall state the purpose for which the loan
is desired and the security offered.

Purposes of Loans, etc.

SECTION 18. Loans upon the security of first mortgages upon
farm lands shall in no case exceed in amount fifty per cent of the
value of the property pledged as security, and shall be for the
following purposes only: (a) the clearing, draining or otherwise
reclaiming and permanently improving agricultural lands; (b) the
providing of facilities for irrigation; (c) the planting and early
care of orchards; (d) the erection of silos, cold storage plants,
greenhouses and permanent farm buildings; (e) the purchase of
farms and farm lands for personal occupation and management;
(/) the discharge of existing farm mortgages; and, (g) subject to
the approval of the bank commissioner, such other improvements
of a permanent nature as, in the opinion of the directors, tend
to develop agricultural resources. The mortgage deeds securing
such loans shall contain a provision for immediate foreclosure if
the money lent is applied in whole or in part to purposes not
hereby authorized, or if, in the opinion of the directors, it is
being spent unwisely or wastefully.

Sale of Farmland Bonds.

A credit union may, with the approval of the bank commis-
sioner, by vote of its board of directors, issue, sell and trade in its
own collateral trust bonds, which shall be known and described
as farmland bonds and shall be secured as hereinafter provided
by the deposit of first mortgage notes on farm lands and the
mortgages securing the same. In case of failure of a credit union
to pay the interest upon its bonds or the principal when due, the
bonds shall be an underlying lien on all its assets and the bank
commissioner shall forthwith take possession of the assets and
wind up the affairs of the corporafion. Loans on the security of
first mortgages on farm lands shall be made, and bonds of credit
unions secured thereby shall be issued, in accordance with the
provisions of chapter two hundred and thirty-one of the General
Acts of the current year relating to farmland mortgages and
farmland bonds, and any acts in amendment thereof or in addi-
tion thereto, so far as applicable.

Certain Officers not to receive Compensation.

SECTION 19. No member of the board of directors or of either
the credit or supervisory committee shall receive any compensa-
tion for his services as a member of the said board or of such

committee, nor shall any member of the credit or supervisory
committee, directly or indirectly, borrow from the corporation or
become surety for any loan or advance made by it.

Certain Restrictions upon Directors.

No member of the board of directors shall, directly or in-
directly, borrow from the corporation or become surety for any
loan or advance made by it, unless such loan or advance shall
have been approved at a meeting of the members of the credit
union by a majority vote of those present, and the notice of
such meeting shall have stated that the question of loans to

directors would be considered at such meeting.

•

Compensation of Certain Officers.

The officers elected by the board cf directors may receive such
compensation as the board shall authorize.

Guaranty Fund.

SECTION 20. Before the payment of an annual dividend in any
year, there shall be set apart as a guaranty fund twenty per
cent of the net income which has accumulated during the fiscal
year, except as hereinafter provided. Said fund and the invest-
ments thereof shall belong to the corporation and shall be held to
meet contingencies or losses in its business. All entrance fees
shall be added at once to the guaranty fund. Upon recommen-
dation of the board of directors, the members at any annual
meeting may increase, and, whenever said fund equals or exceeds
the amount of capital stock actually paid in, may decrease, the
proportion of profits which is required by this section to be set
apart as a guaranty fund: provided, that, if the corporation
holds stock in other credit unions or in farmland banks, the
percentage of profits to be set apart as a guaranty fund shall
not be decreased until the amount of the fund equals or exceeds
the amount of capital stock of the corporation actually paid in
and in addition thereto the amount actually paid for the shares of
stock in such credit unions and farmland banks.

Supervisory Committee to make Report.

SECTION 21. Immediately before a meeting of the directors
called to consider the recommendation of a dividend, the super-
visory committee shall make a thorough audit of the receipts,

disbursements, income, assets and liabilities of the corporation
for the fiscal year, and shall make a full report thereon to the
directors. Said report shall be read at the annual meeting and
shall be filed and preserved with the records of the corporation.

Dividends, Source.

SECTION 22. At the annual meeting, a dividend may be
declared from income which has been actually collected during
the fiscal year next preceding and which remains after the deduc-
tion of all expenses, losses, interest on deposits, and the amount
required to be set apart as a guaranty fund, or such dividend
may be declared in whole or in part from undivided earnings of
preceding years not to exceed twenty per cent thereof in any one
year, provided such earnings are a part of the surplus of the cor-
poration in excesss of all requirements of the guaranty fund.

How paid.

Such dividends shall be paid on all fully paid shares out-
standing at the close of the fiscal year, but shares which become
fully paid during the year shall be entitled only to a propor-
tional part of said dividend, calculated from the first day of the
month following such payment in full. Dividends due to a
member shall be paid to him in cash or credited to the account
of partly paid shares for which he has subscribed.

Report to Bank Commissioner.

SECTION 23. Within twenty days after the last business day
of October in each year, every credit union shall make to the
bank commissioner a report in such form as he may prescribe,
signed by the president, treasurer and a majority of the super-
visory committee, who shall certify and make oath that the
report is correct according to their best knowledge and belief.
Any credit union which neglects to make the said report within
the time herein prescribed shall forfeit to the commonwealth five
dollars for each day during which such neglect continues.

Expulsion of Members.

SECTION 24. The board of directors may expel from a credit
union any member who has not carried out his engagements
with the credit union, or who has been convicted of a criminal
offence, or who neglects or refuses to comply with the provisions

of this act or of the by-laws, or whose private life is a source of
scandal, or who habitually neglects to pay his debts, or who shall
become insolvent or bankrupt, or who shall have deceived the
corporation or any committee thereof with regard to the use of
borrowed money; but no member shall so be expelled until he
has been informed in writing of the charges against him, and an
opportunity has been given to him, after reasonable notice, to be
heard thereon.

Disposition of Funds upon Withdrawal.

The amounts paid in on shares or deposited by members who
have withdrawn or have been expelled shall be paid to them, in
the order of withdrawal or expulsion, but only as funds therefor
become available and after deducting any amounts due by such
members to the credit union. Such expulsion shall not operate
to relieve a member from any remaining liability to the credit
union.

Dissolution of Corporation.

SECTION 25. At any meeting specially called for the purpose
the members, upon recommendation of not less than two thirds
of the board of directors, may dissolve the corporation by vote
of two thirds of the members of the credit union entitled to
vote. A committee of three shall thereupon be elected to
liquidate the assets of the corporation under the direction of
the bank commissioner, and each share of the capital stock,
according to the amount paid in thereon, shall be entitled to its
proportional part of the assets in liquidation after all deposits
and debts have been paid.

Repeals.

SECTION 26. Chapter four hundred and nineteen of the acts
of the year nineteen hundred and nine and chapter four hundred
and thirty seven of the acts of the year nineteen hundred and
fourteen are hereby repealed. All credit unions incorporated
prior to the passage of this act shall be hereafter subject to the
provisions of this act, but the provisions of this act shall not
affect any rights acquired under any contract made by such
credit unions prior to the passage of this act. The provisions of
this act shall not be rendered inoperative or be limited or other-
wise affected by any acts or parts of acts inconsistent therewith.

2. FARMLAND BANKS.

GENERAL ACTS OF 1915, CHAPTER 231.
General Provisions.

SECTION 1. In this act the words "farmland bank" shall mean
a corporation formed in accordance with the provisions of this
act for the purpose of promoting rural mortgage credit in the
commonwealth; the word "bank", unless otherwise designated,
shall mean a farmland bank; the words "land reserve fund"
shall mean the capital stock of a farmland bank; the words
"land reserve certificate" shall mean a certificate of shares of
stock in a farmland bank; the word "mortgage" shall mean a
mortgage upon farm land of which a farmland bank is the mort-
gagee; the word "bond" shall mean a bond issued by a farm-
land bank and secured by mortgages upon farm lands; the word
"farm" shall mean any tract of land of not less than two acres,
cultivated or managed wholly or principally for the purpose of
obtaining a revenue from the sale of farm, dairy, or poultry
products; the words "farm land" shall mean any land, im-
proved or unimproved, having a present or potential value for
agricultural purposes and comprising the whole or a part of a
farm in this commonwealth; the word "board" shall mean the
board of bank incorporation authorized by section four of chap-
ter two hundred and four of the acts of the year nineteen hun-
dred and six; and the word "commissioner" shall mean the
bank commissioner of the commonwealth.

This act may be cited as The Farmland Bank Law.

Incorporation.

SECTION 2. Ten or more persons resident in this common-
wealth, who have associated themselves by an agreement in writ-
ing with the intention of forming a farmland bank for the pur-
pose of promoting rural mortgage credit, may, with the consent
of the board of bank incorporation, become a corporation upon
complying with all of the provisions of this act. The board is
hereby authorized to grant such consent when it is satisfied that
the proposed field of operation is favorable to the success of a
farmland bank, and that the standing of the proposed incor-
porators is such as to give assurance that its affairs will be ad-
ministered in accordance with the spirit of this act. The words
"Farmland Bank" shall be a part of the corporate name of

every corporation organized under the provisions of this act, and
the word "Farmland" shall not be used in the corporate name
of any other corporation doing business in this commonwealth.

Powers.

SECTION 3. Every corporation which is subject to the pro-
visions of this act shall have the following powers and privileges
and shall be subject to the following liabilities and restrictions : -

First. — To adopt and use a corporate seal.

Second. — To have perpetual succession in its corporate name
unless dissolved according to the provisions of this act.

Third. — To make contracts, incur liabilities and borrow
money as hereinafter provided.

Fourth. — To sue and be sued in its corporate name, and to
prosecute or defend to final judgment, execution or decree in
any court of law or equity.

Fifth. — To elect not less than six nor more than fifteen
directors, a treasurer, clerk, and auditing committee, and, by
its board of directors, to elect a president, vice president, com-
mittee on loans, and other officers and agents, and to fix the
compensation of all directors, officers and committees arid to
define their duties.

Sixth. — To make by-laws, not inconsistent with the laws of
this commonwealth, for regulating its government and for the
administration of its affairs as herein provided.

Seventh. — To make loans upon farm lands anywhere within
the commonwealth: provided,

(a) That such loans shall be made for a term not longer
than thirty-five years, and shall be secured by a first mortgage
on farm lands.

(6) That no loan shall exceed fifty per cent of the value of the
mortgaged property, the value to be determined by an appraisal
by the committee on loans as hereinafter provided.

(c) That every mortgage for a period longer than five years
shall contain a mandatory provision for the amortization of the
loan at maturity, or reduction of the same by annual, semi-
annual, or quarterly payments on account of principal.

(d) That every loan, for a period longer than five years, or any
unpaid balance thereof, may be paid off in whole or in part by
the borrower, in accordance with rules to be prescribed by the
said bank and approved by the commissioner, at any interest
period after such loan has continued for five years.

(e) That the total amount loaned to any one individual
or corporation shall never at any time exceed ten per cent of
the total amount of the then paid-in land reserve fund and
surplus.

(/) That no loan shall be made by any bank upon the security
of its own land reserve certificates, or the certificates of any other
farmland bank.

Eighth. — To issue, sell and trade in its own collateral trust
bonds, which shall be known and described as farmland bonds
and shall be secured, as hereinafter provided, by the deposit of
first mortgage notes on farm lands and the mortgages securing
the same.

Organization.

SECTION 4. Farmland banks shall- be organized under the
provisions, so far as applicable, of sections two to six, inclusive,
of chapter three hundred and seventy-four of the acts of the
year nineteen hundred and four, as amended by section four of
chapter two hundred and four of the acts of the year nineteen
hundred and six, and any other amendments thereof, except that
the fee for filing and recording the articles of organization, in-
cluding the issuing by the secretary of the commonwealth of the
certificate of incorporation, shall be five dollars.

The provisions relating to supervision by the bank commis-
sioner, so far as applicable, of chapter five hundred and ninety
of the acts of the year nineteen hundred and eight and any
amendments thereof, shall apply to banks incorporated under
this act.

By-laws.

SECTION 5. The by-laws may prescribe, subject to the pro-
visions of this act, the name of the corporation, the purposes for
which it is formed, the location of the principal office, the time
and place of holding and the manner of conducting its meetings,
the number of shareholders and directors necessary to constitute
a quorum, the powers and duties of its directors and officers, the
expediency of providing for an executive committee and the num-
ber of members thereof and the duties which may be delegated
to it, the amount of the treasurer's bond and the expediency of
requiring bonds of other officers or directors of the bank, and
the amount of such bonds, the conditions under which a new
certificate of stock may be issued in place of a certificate which
is alleged to have been lost or destroyed, the requisite notice and

advertisement when bonds are called before maturity, the method
in general of transacting its business, and the manner by which
the by-laws may be altered, amended or repealed.

Fiscal Year.

SECTION 6. The fiscal year of every farmland bank shall end
at the close of business on the last business day of October.

Directors, Officers and Committees.

SECTION 7. The business of every bank subject to this act
shall be managed and conducted by a board of not less than six
nor more than fifteen directors, a president, a vice president, a
clerk, a treasurer, a committee on loans of five members, an
auditing committee of three members, and such other officers,
committees and agents as the by-laws may authorize. The clerk,
treasurer, board of directors, and auditing committee shall be
elected annually by ballot by the shareholders. The president,
vice president, and committee on loans shall be elected annually
by ballot by the board of directors. The president and vice
president shall be chosen from the board of directors. Two
thirds of the members of the board of directors shall be share-
holders, and the remainder shall be borrowers from the bank
who are not shareholders, if there is a sufficient number of such
borrowers. All officers and the members of the auditing com-
mittee shall be shareholders. All officers and directors of the
corporation shall be residents of the commonwealth and shall
be elected for a term of one year and until their successors are
duly elected and qualified. The manner of choosing or of ap-
pointing all other officers, committees, and agents, and of filling
all vacancies shall be prescribed by the by-laws, and, in default
of such by-law, vacancies may be filled by the board of directors,
except vacancies in the auditing committee.

Powers and Duties of Directors and Officers.

SECTION 8. The board of directors shall exercise all the powers
of the corporation, except as is otherwise provided by law or by
the by-laws of the corporation. A bank may, in its by-laws,
provide for an executive committee to be elected by and from
its board of directors. Tor such committee may be delegated the
management of the current and ordinary business of the bank,
and such other duties as the by-laws may prescribe. The duties

of the officers shall be defined in the by-laws. Officers of the
bank shall be sworn to the faithful discharge of their duties.
The treasurer shall be required, and any other officer entrusted
with the property of the bank may be required, to give a bond
in such sum and with such sureties as the by-laws may prescribe.
The clerk shall record all votes of the corporation in a book to
be kept for that purpose.

Committee on Loans.

SECTION 9. The committee on loans shall approve in writing
an application for a loan before the same shall be granted.
Every application for a loan shall be made in writing and shall
state the purpose for which the loan is desired. No loan shall
be made, except as is hereinafter provided, unless the committee
on loans is satisfied that it tends to benefit the borrower and to
develop agricultural resources, nor unless it has received the ap-
proval in writing of a majority of the members of the committee,
who shall certify after an examination that in their best judg-
ment the loan to be made does not exceed fifty per cent of the
value of the property. An applicant for a loan which has been
refused by the committee on loans may appeal to the board of
directors, who are hereby given authority to approve and author-
ize loans on appeal from the committee.

Auditing Committee.

SECTION 10. The auditing committee shall inspect the securi-
ties, cash and accounts of the bank, and shall employ account-
ants, authorized by law to examine savings banks, to audit the
books, records and accounts, and may do so without previous
notice to the directors or officers and with such frequency and
at such times as they deem necessary or expedient. At the an-
nual meeting of the shareholders the committee shall submit its
report, including the results of audits made during the year, and
such recommendations as it may desire to make. At any time
it may, by a majority vote, call a meeting of the shareholders
to consider any violation of this act or of the by-laws, or any
matter relating to the affairs of the bank which, in the opinion
of said committee, requires action on the part of the shareholders.
The committee, unless otherwise provided in the by-laws, shall
prescribe the method of keeping the mortgage register, of holding
and preserving the mortgages and other securities, of crediting

payments on mortgages, of cancelling mortgages, and of releas-
ing the liens of mortgages. The committee shall also ascertain
that all mortgages, deeds, assignments and other evidences of
title to real estate have been duly recorded according to law, and,
in the event of failure on the part of the proper officers to record
any such instrument, the auditing committee shall certify such
fact upon the records of the bank, and such officers shall be
liable in damages to the bank for any loss sustained by reason
of the failure to record such instrument. The auditing commit-
tee shall fill vacancies in its own membership until the next an-
nual meeting of the shareholders.

Meetings.

SECTION 11. The annual meeting of the corporation shall be
held at such time and place as the by-laws shall prescribe, but it
must be held within thirty days after the close of the fiscal year.
Special meetings of the shareholders may be called by the presi-
dent, or by a majority of the directors or of the auditing commit-
tee, and shall be called by the clerk upon written application of
three or more shareholders who hold at least one tenth part in
interest of the capital stock, stating the time, place and purpose
of the meeting. Meetings of the board of directors shall be held
at least quarterly. Notice of all meetings of the shareholders and
of the board of directors and of committees shall be given in the
manner prescribed in the by-laws, but at least seven days' notice
shall be given of all meetings of 'the shareholders, which notice
shall state the purposes for which the meeting is called. Meet-
ings of the shareholders may be held without notice if all the
shareholders waive notice in writing and such waiver is filed with
the records of the meeting. Meetings of the board of directors
may be held without notice if all members thereof waive notice
in writing and such waiver is filed with the records of the meet-
ing. Meetings of committees may be held without notice if all
members thereof waive notice in writing. All meetings of the
shareholders and of the board of directors shall be held within
the commonwealth. If, by reason of the death or absence of the
officers of a corporation or other cause, there is no person duly
authorized to call or preside at a legal meeting, or if the clerk or
other officer refuses or neglects to call it, a justice of the peace
may, upon written application of three or more of the share-
holders, issue a warrant to any one of them, directing him to call
a meeting by giving such notice as is required by law, and may,

by the same warrant, direct him to preside at the meeting until a
clerk is duly chosen and qualified, if no officer of the corporation
is present who is legally authorized to preside.

Quorum and Proxies.

SECTION 12. Unless the by-laws otherwise provide, a majority
in interest of all shares issued and outstanding shall constitute a
quorum at a meeting of the corporation, and a majority of the
members shall constitute a quorum at a meeting of the board of
directors or of any committee. No corporation shall, directly or
indirectly, vote upon any share of its own stock. Shareholders
shall have one vote for each share of stock owned by them.
Executors, administrators, guardians, trustees or persons in any
other representative or fiduciary capacity may vote as share-
holders upon shares held in such capacity. Shares owned by any
corporation may be voted by any duly authorized officer or agent
thereof. Shareholders may vote either in person or by proxy.
No proxy which is dated more than six months prior to the
meeting named therein shall be valid, and no proxy shall be
valid after the final adjournment of the meeting for which it was
issued.

Land Reserve Fund.

SECTION 13. The capital stock of a farmland bank shall not
be less than fifty thousand dollars nor more than five hundred
thousand dollars and shall be held by the bank as a separate
fund, to be known as the Land Reserve Fund.

The par value of shares in the Land Reserve Fund shall be five
dollars or any multiple thereof not exceeding one hundred dollars.

No person shall directly or indirectly hold or own more than
ten per cent of the shares in a farmland bank exclusive of any
shares which he may hold as collateral security.

Any bank, at a meeting duly called for the purpose, by vote of
the majority of its shares outstanding, may amend its articles of
incorporation to authorize an increase or a reduction in the
amount of its capital stock, and in the case of an increase may
determine the terms and the manner of the disposition of such
additional stock, but in no event shall the capital stock be in-
creased to an amount exceeding five hundred thousand dollars,
nor reduced to an amount less than fifty thousand dollars. If an
increase in the total amount of the capital stock shall have been
authorized by vote of the shareholders in accordance with the

provisions hereof, the articles of amendment shall also set forth
the total amount of capital stock previously authorized and a
statement that the increased amount of capital stock has all been
paid in in cash, and the bank commissioner shall in no case ap-
prove a certificate showing an increase of capital stock until he is
satisfied that such payment in full has been made to the bank.
If a reduction of the capital stock shall have been authorized by
the shareholders in accordance with the provisions hereof, the
articles of amendment shall also set forth the total amount of
capital stock previously authorized, the amount of the reduction
and the manner in which it shall be effected, and a copy of the
vote authorizing the reduction. No reduction of capital stock
shall be lawful which renders the bank bankrupt or insolvent,
but the capital stock may be reduced, if the assets of the bank
are not reduced thereby, by the surrender by every shareholder
of his shares and the issue to him in lieu thereof of a proportional
decreased number of shares and such reduction shall not create
any liability of the shareholders of such bank in case of the
subsequent bankruptcy of such bank.

Who may be Shareholders.

SECTION 14. Any person, firm, association, society, or organi-
zation, and any co-operative bank, credit union, trust company,
or other corporation may purchase and hold shares in any farm-
land bank, subject to the provisions of any laws expressly pro-
hibiting or restricting investment therein by any such corpora-
tion, association, society or organization.

Land Reserve Certificates.

SECTION 15. Every shareholder shall be entitled to a land
reserve certificate in a form approved by the commissionerj which
shall be signed by the president and by the treasurer of the cor-
poration, shall be sealed with its seal, and shall certify that the
holder is the owner of the number of shares represented by the
certificate. Land reserve certificates may be transferred upon
the books of the corporation in accordance with the laws relating
to the transfer of stock in general business corporations. The
directors of a farmland bank may, unless otherwise provided by
the by-laws, determine the conditions upon which a new certifi-
cate may be issued in place of any certificate which is alleged to
have been lost or destroyed.

Bonds.

SECTION 16. Farmland bonds in a form approved by the com-
missioner may be issued by a bank by vote of its board of direc-
tors whenever the bank holds as mortgagee farm land mortgages
of a term longer than five years in amount sufficient to secure
such issue. Each issue of bonds shall constitute a separate series
and shall be so designated, the first series being designated as
"Series One of Farmland Bonds of the Farmland

Bank," and subsequent series accordingly. No series shall be
issued for less than an aggregate sum of ten thousand dollars nor
for more than ninety-five per cent of the amount of the mort-
gages against which it is issued. Bonds may be issued in denom-
inations of fifty dollars or any multiple thereof, but no bond shall
be for a larger amount than one thousand dollars. Bonds may
bear such rate of interest as may be determined by the directors,
but not exceeding five per cent per annum. They shall be pay-
able on a date specified and shall be subject to call by the bank
at two per cent above par with accrued interest at any interest
period after the date of issue, or after a date specified in the
bond, after such notice and advertisement as may be provided
in the by-laws, or, if no provision is made in the by-laws, as shall
be approved by the commissioner. Mortgages pledged as col-
lateral security for bonds of any series shall be kept at all times
in the possession and under the control of the bank, or, upon
direction of the commissioner, shall be deposited with a trustee
who shall be appointed by the bank with the approval. of the
commissioner, and shall hold the mortgage notes and mortgages
for the bond holders. As the amortization payments are received
and credited upon the mortgage notes so deposited as security,
the bonds issued by the bank and secured thereby shall be called
and paid, or purchased in the open market and retired, to the
extent of the payments received, and credited upon the mortgage
notes held as security therefor, under rules and regulations
adopted by the bank with the approval of the commissioner, or
the payments so received may be deposited by the bank, or, if a
trustee has been appointed, shall be paid over to the trustee, to
be deposited at interest as an amortization fund to meet the
payment of the notes at maturity. Only mortgages for a period
longer than five years shall be pledged as collateral for farmland
bonds. Bonds issued by any bank in accordance with the provi-
sions of this act shall be a legal investment (1) for any savings
bank or trust company to an amount not exceeding one fifth of

the deposits of such savings bank or trust company; (2) for
trust funds and estates and for funds and estates under the juris-
diction of or administered by any of the courts of the common-
wealth; (3) for insurance companies as defined and prescribed by
section thirty-seven of chapter five hundred and seventy-six of
the acts of the year nineteen hundred and seven, and any amend-
ment thereof; (4) for surplus funds of co-operative banks in
addition to the investments authorized by section eleven of
chapter one hundred and fourteen of the Revised Laws; ($) for
the sinking funds of the commonwealth or of any county or city
or town thereof.

Investments.

SECTION 17. The land reserve fund, and the surplus fund to
the amount of one fourth of the land reserve fund, shall be in-
vested only in (1) first mortgages upon farm lands, which shall
have the approval of the committee on loans or the board of
directors as herein provided; (2) bonds and notes which are at
the time of their purchase legal investments for savings banks in
this commonwealth; (3) investments, other than real estate and
mortgages upon real estate, which shall be approved by the com-
missioner: provided, that the surplus fund, when other funds of
the bank are not sufficient, may be expended in meeting the
accruing obligations and necessary current expenses of conducting
the business of the bank. Any uninvested portion of the land
reserve fund or the surplus fund may be deposited, pending
investment, in any national bank or trust company in the com-
monwealth.

Holdings of Real Estate.

SECTION 18. A farmland bank may purchase and hold real
estate only as provided in this section:

First. — It may own the building in which its offices are
located, and may lease such portion of the building as may not
be required for the business of the bank: provided, that no part
of the land reserve fund or the surplus fund required by the
provisions of this act shall be invested in the purchase of such
building.

Second. — It may hold real estate acquired by the foreclosure
of mortgages owned by it, or by purchase at sales made under
the provisions of such mortgages, or upon judgments for debts
due to it, or in settlements effected to secure such debts, but all
such real estate shall be sold by the bank within five years after

the title thereof is vested in it, unless .the commissioner upon
petition of the committee on loans of such bank for cause shall
grant additional time for the sale of such real estate.

Loans.

SECTION 19. Loans shall be made only upon security of first
mortgages upon farm lands. The rate of interest upon loans shall
in no event be more than six per cent, but an additional charge
to the borrower may be made, to be applied to the cost of
administering the affairs of the bank, which charge in no case
shall exceed one per cent of the amount unpaid on the loan and
shall be paid in annual, semi-annual, or quarterly payments at
the same time that the interest is paid. The rate of interest upon
loans for a period longer than five years shall not exceed the rate
of interest upon the bonds secured thereby by more than one per
cent annually upon the amount unpaid on the loan.

Upon loans for a period longer than five years amortization
payments shall be made in such amounts as shall be stated in the
mortgage note and mortgage, which amounts shall be sufficient
to pay the principal in full at maturity and shall be payable in
equal annual, semi-annual, or quarterly payments at the same
time that the interest is paid. A borrower may pay the amount
of his mortgage loan or any part thereof on any interest day by
surrendering at par and accrued interest bonds of the series for
which his mortgage is pledged as security.

Fines may be imposed upon borrowers for failure to pay inter-
est or amortization payments promptly, but such fines shall not
exceed one half of one per cent per month upon the unpaid part
of the loan for the time that the default continues. In no event
shall fines for more than six months upon any one default be
collected.

Dividends and Surplus.

SECTION 20. The directors may from time to time declare
dividends to be paid out of the profits of the bank, but no divi-
dend shall be declared unless the combined amount of the land
reserve and surplus funds is equal to five per cent of the par
value of the bonds outstanding at the time the dividend is de-
clared. No dividend shall be declared exceeding six per cent per
annum upon the par value of the land reserve certificates out-
standing, except as is hereinafter provided. Net earnings in
excess of the dividend declared shall annually be carried to

surplus until the surplus fund shall equal twenty-five per cent of
the land reserve fund. Dividends shall be cumulative only after
the surplus fund shall have been established and maintained
equal to twenty-five per cent of the land reserve fund. Any
profit not required to maintain the land reserve and surplus
funds, and to pay cumulative dividends not exceeding six per
cent per annum, may be carried in amount not exceeding fifty
per cent to surplus until the surplus fund shall equal the land
reserve fund, and any amount not carried to surplus shall be
annually divided in equal shares of which one half shall be
placed to the credit of the borrowers in amounts in proportion
to their loans unpaid at the time of such distribution, and the
remaining half shall be paid as an extra dividend upon the out-
standing land reserve certificates.

Exemption from Taxation.

SECTION 21. All property of a bank incorporated under the
provisions of this act, except real estate, and all land reserve
certificates and farmland bonds issued by the bank, shall be
exempt from state and local taxation, except legacy and suc-
cession taxes.

Articles of Amendment.

SECTION 22. No amendment for alteration of the agreement
of association or articles of organization shall take effect until
said articles of amendment, signed and sworn to by the presi-
dent, treasurer and a majority of the directors, shall have been
approved by the commissioner and filed in the office of the sec-
retary of the commonwealth. The fee for filing and recording
such articles of amendment shall be five dollars.

Dissolution.

SECTION 23. A farmland bank may be dissolved by vote of
its shareholders, representing two thirds in amount of the shares
issued and outstanding, at any meeting called for the purpose
after due notice to all shareholders in accordance with the pro-
visions of the by-laws. The bank shall be dissolved in accord-
ance with rules and regulations prescribed by the bank com-
missioner. In case of dissolution, after all obligations of the
bank have been paid, or due provision made for their payment
at maturity, the remaining assets of the bank available for
distribution shall be distributed between the borrowers and

shareholders in the manner hereinbefore provided for the dis-
tribution of surplus earnings of the corporation between the
borrowers and shareholders. In the event that the original
borrower has sold the mortgaged .premises and the purchaser has
assumed and agreed to pay the mortgage, the purchaser, by as-
suming the mortgage, shall succeed to all rights of the borrower
and shall be entitled to receive any share of the borrower in any
distribution of surplus, and in any distribution of assets of the
corporation in dissolution.

3. CO-OPERATIVE ASSOCIATIONS.
ACTS OF 1913, CHAPTER 447.
Co-operative Associations.

SECTION 1. Seven or more persons, residents of the common-
wealth, may associate themselves as a corporation, association,
society, company or exchange, for the purpose of conducting
within the commonwealth any agricultural, dairy or mercantile
business on the co-operative plan. The word "co-operative"
shall form a part of the name of the corporation, and, for the
purposes of this act, the words "association", "company", "ex-
change", "society", and "union", shall have the same significa-
tion and shall import a corporation.

Incorporation .

SECTION 2. The corporation shall be formed in the manner
prescribed in, and be subject to, the provisions of chapter four
hundred and thirty-seven of the acts of the year nineteen hun-
dred and three, and all acts in amendment thereof and in addi-
tion thereto, so far as they are not inconsistent with the pro-
visions of this act.

Capital Stock.

SECTION 3 (as superseded by 1915, 118, § 1). The capital stock
of such a co-operative corporation shall not be less than one hun-
dred dollars, nor more than one hundred thousand dollars. No
stockholder shall own shares of a greater par value than one
tenth of the total par value of the capital stock, nor shall any
member be entitled to more than one vote on any subject aris-
ing in the management of the corporation.

Investment of Reserve Fund.

SECTION 4. At any regular meeting, or at any duly called
special meeting, at which a majority of all its stockholders shall
be present, a corporation organized under this act may authorize
the investment of its reserve fund or any part thereof, first, in
the building in which it is doing business, or, second, in a first
mortgage of real estate owned and occupied as a dwelling by
any of its stockholders.

Apportionment of Earnings.

SECTION 5. The directors of every such corporation shall ap-
portion the earnings of the corporation in the following manner:

1. They shall set aside annually not less than ten per cent of
the net profits of the corporation for a reserve fund until there
is accumulated in said reserve fund an amount not less than
thirty per cent of the paid-up capital stock.

2. They shall declare and pay dividends on the paid-up capital
stock not exceeding five per cent per annum.

Distribution of Earnings.

SECTION 6 (as amended by 1 91 5, 118, § 3). 1. From the balance
of the net earnings of the corporation the directors may appro-
priate a sum not exceeding five per cent of the annual net earn-
ings to be used in teaching co-operation.

2. The directors shall distribute the remainder of such earnings
or any part thereof by a uniform dividend upon the amount of
purchases or sales of shareholders, through the corporation, and,
if the directors so vote, upon the amount of wages which have
been earned and paid to employees except that in the case of a
purchaser who is not a shareholder, but who desires to become
a shareholder, a dividend of one half the uniform dividend may
be declared upon such non-shareholder's purchases or sales and
credited to him on account of the purchase of stock for which
he may subscribe. In productive corporations, including cream-
eries, canneries, storages, factories and the like, dividends shall
be calculated on raw material delivered to the corporation in-
stead of on goods purchased. If the corporation be both a pur-
chasing and a selling or a productive concern, the dividends may
be on both raw material and on goods purchased. The profits
or net earnings of such corporation shall be distributed to those
entitled thereto at such times as the by-laws prescribe, which
shall be as often as once in twelve months.

Certificate of Organization to be approved and filed.

SECTION 7. Any co-operative association now organized by
law in this commonwealth for any of the purposes mentioned in
this act, and qualified so to do, may by a majority vote of the
stockholders at a meeting called for the purpose vote to accept
the provisions of this act, and shall thereupon present to the
commissioner of corporations a certificate, signed and sworn to
by its secretary, setting forth a copy of said vote, the date of
the meeting at which the vote was passed, and such further
evidence as the commissioner may require of its legal existence
and of its intention to accept the provisions of this act. The
commissioner shall examine the certificate and evidence of or-
ganization, and, if it appears that the provisions of law have
been complied with, shall so certify, and shall approve the cer-
tificate by his endorsement thereon, and thereupon such cor-
poration shall have the powers and privileges and be subject
to the duties and liabilities of corporations formed under this
act. Upon the payment of a fee of one dollar said certificate
shall be filed in the office of the secretary of the commonwealth,
who shall cause it and the endorsement thereon to be recorded.

*
Taking Effect.

SECTION 8. This act shall take effect upon its passage.

Use of the Word " Co-operative " restricted.

SECTION 9 (added by G. A., 1915, 118, § £). No person, partner-
ship, association or corporation, organized or doing business for
profit, except corporations formed under the provisions of this act,
or co-operative banks organized under chapter one hundred and
fourteen of the Revised Laws, shall hereafter transact business
under any name or title, which contains the word "co-operative".
The provisions of section seventeen of chapter five hundred and
ninety of the acts of the year nineteen hundred and eight shall
apply to violations of this section, and as prescribed therein,
proceedings shall be brought against any person, partnership,
association or corporation which violates the provisions of this
section. Any person, partnership, association or corporation not
organized under the provisions of this act, transacting business
under a name or title which contains the word "co-operative",
shall alter the said name or title to comply with the provisions
of this act within ninety days after its passage.

Fee for Piling.

SECTION 10 (added by G. A., 1915, 118, § 0). The fee for filing
and recording the articles of organization required by chapter
four hundred and forty-seven of the acts of the year nineteen
hundred and thirteen, including the issuing by the secretary of
the commonwealth of the certificate of incorporation, shall be
one twentieth of one per cent of the total amount of the author-
ized capital stock as fixed by the articles of organization, but
not in any case less than five dollars.

4. COUNTY FARM BUREAUS.

ACTS OF 1914, CHAPTER 707.
Corporations organized to promote Agriculture may receive County Aid.

SECTION 1. Any corporation organized under the laws of this
commonwealth, not organized for profit and no part of the net
income of which shall inure for the benefit of stockholders, hav-
ing for its corporate purpose the improvement of agriculture
and country life, which shall be approved by the Massachusetts
Agricultural College and by the county commissioners of the
county in which it is located, shall be eligible to receive the
county aid herein authorized, but only one such corporation in
each county shall be approved for this purpose.

Appointment of Advisers in Agriculture.

SECTION 2. Every corporation approved under the provisions
of section one shall appoint and maintain one or more advisers
in agriculture and country life, who shall be appointed by the
advisory board established by section four hereof, and who shall
hold office until their successors are appointed and qualified.

Duties of Advisers.

SECTION 3. It shall be the duty of the said advisers to advise
and consult with individuals and organizations in reference to
farming methods, to assist in the development and improvement
of agriculture and of country life, to give instruction in the
formation of co-operative enterprises, to promote better busi-
ness methods among farmers, to assist in promoting more satis-
factory methods of marketing farm products, and to perform

any other work adapted to promote the agricultural or rural
development of that country. It shall be the duty of the ad-
visers to keep in touch with, and to bring to their assistance, all
agencies in the commonwealth or elsewhere that will enable them
to utilize the latest and best knowledge in the furtherance of
their work. The duties of the advisers shall be performed under
the supervision and direction of said advisory board, and they
shall be subject to such rules and regulations as said board may
prescribe.

Establishment of Advisory Boards.

SECTION 4. In every county in which a corporation such as
that described in section one is organized, there shall be estab-
lished an advisory board of seven members, consisting of three
members to be appointed by the corporation, three by the county
commissioners of said county, and one by the six thus chosen.
It shall be the duty of the advisory board to superintend and
direct the work of the corporation within the county, and it shall
have power to appoint, suspend or remove agricultural advisers
appointed pursuant to this act.

Finance Boards; Appointment, Duties.

SECTION 5. In every such county there shall also be estab-
lished a finance board, which shall be composed of two mem-
bers:— one appointed by the county commissioners of said
county and one by the said corporation. It shall be the duty
of the finance board to certify from time to time, whenever re-
quested so to do by the corporation, to the county treasurer the
sums received in the treasury of the corporation in each year,
other than the funds appropriated by the county. It shall also
be the dutyvof the said board to consider and report upon the
budget of the corporation as provided in section eight.

Power of Appointment.

SECTION 6. The power of appointment herein vested in the
corporation may be exercised by its executive committee; or if
no provision is made in its by-laws for an executive committee,
then by its board of directors or other board exercising powers
corresponding to those of directors.

Amount to be included in Annual Estimate of County Expenses.

SECTION 7. In every such county, the county commissioners
shall include in their annual estimate of county expenses, to be
raised by the county by tax levy and appropriated by the general
court, such sum as they may deem proper to be contributed to
said corporation for the purpose of defraying the expenses of
maintaining said adviser or advisers, and of the work carried on
by the corporation: provided, however, that the sum so contrib-
uted shall not be less than one thousand dollars, nor more than
the amount raised annually by said corporation from all other
sources. The sum so contributed shall be paid to the corporation
upon the certificate of the finance board showing that an equal
amount has been received in the treasury of the corporation
from all other sources; and said sum shall be expended in said
county by said corporation for the purposes above named.

Estimates of Expenditures.

SECTION 8. Every corporation of the kind described in section
one receiving aid under the provisions of this act shall annually,
in the month of December, prepare or cause to be prepared a
budget containing a detailed estimate of all sums required to be
expended by it for its corporate purposes during the ensuing
year, which budget shall forthwith be transmitted to the finance
board. The finance board shall estimate what sum may be
proper for the corporation to expend during said year for its
corporate purposes, and shall submit the estimate, on or before
the second Wednesday of the following January, to the county
commissioners.

Towns may vote to acquire Real Estate, etc.

SECTION 9, Any town may, at a legally called town meeting,
vote to acquire by purchase or otherwise real estate for the
purpose of carrying on, under the direction of the agricultural
advisers of the county, agricultural demonstration work within
the town, and may appropriate money for the purposes of ac-
quiring such real estate, or for the support of agricultural demon-
stration work on land owned by the town, or owned by any
resident of the town.

Counties to which this Act shall apply.

SECTION 10. This act shall apply only to the counties of the

commonwealth in which a corporation of the class described in

section one and approved by the Massachusetts Agricultural
College and by the county commissioners has and maintains a
principal place of business: provided, that counties which main-
tain county vocational agricultural schools, shall not maintain
county-aided corporations for the purposes designated in this
act.

5. DRAINAGE OF LOW LANDS.
REVISED LAWS, CHAPTER 195.

IMPROVEMENT OF MEADOWS AND SWAMPS.

Improvement of Low Land.

SECTION 1. If it is necessary or useful to drain or flow a
meadow, swamp, marsh, beach or other low land which is held
by several proprietors or to remove obstructions in rivers or
streams leading therefrom, such improvements may be made as
hereinafter provided.

1702, 11, § 1. R. S. 115, § 1. P. S. 189, § 1.

1795, 62, § 1. G. S. 148, § 1.

See Talbot v. Hudson, 16 Gray, 417 (see page 141).

Turner v. Nye, 154 Massachusetts, 579 (see page 141).

J. B. Smith et al. v. Amory Smith et al., 148 Massachusetts, 1.

Petition.

SECTION 2. Such proprietors, or a majority in interest, either
in value or area, may file a petition in the superior court for the
county in which the land or any part thereof lies, setting forth
the proposed improvements and the reasons therefor. The court
shall thereupon cause notice of the petition to be given in such
manner as it may order to any proprietors who have not joined
in the petition. In the county of Dukes County the probate
court shall have concurrent jurisdiction of such petition and
parties shall have therein the same rights of appeal and exception
as in the superior court.

1702.11, § 1. R. S. 115, § 2. 1869,387. P. S. 189, § 2.

1795, 62, § 1. G. S. 148, § 2. 1876, 228.

Day B. Hurlburt, 11 Metcalf, 321 (see page 142).
Henry v. Thomas, 119 Mass. 583.

Appointment of Commissioners.

SECTION 3. If, upon a hearing, the court finds that the im-
provements proposed will be for the general advantage of. the
proprietors, it may appoint three, five or seven commissioners,
who shall be sworn to the faithful performance of their duties,

shall view the land, notify parties concerned, hear them as to
the best manner of making the improvements and prescribe the
measures to be adopted for such purpose.

1702, 11, § 1. R. S. 115, §§ 3, 4. P. S. 189, § 3.

1795, 62, § 1. G. S. 148, § 3.

Duties and Powers of Commissioners.

SECTION 4. The commissioners shall, according to the petition
and the order of the court, cause dams or dikes to be erected on
the land at such places and in such manner as they shall direct,
may order the land to be flowed thereby for such periods of each
year as they shall consider most beneficial and may cause ditches
to be opened on the land and obstructions in any rivers or streams
leading therefrom to be removed. They shall meet from time to
time as may be necessary to cause the work to be completed
according to their directions.

1795, 62, § 1. R. S. 115, § 5. G. S. 148, § 4. P. S. 189, § 4.

Coomes v. Burt, 22 Pickering, 422.

SECTION 5. They may employ suitable persons to erect the
dams or dikes or to perform the other work under their direction,
for such reasonable wages as they may agree upon, unless the
proprietors themselves do the same in such time and manner as
the commissioners shall order.

1795, 62, § 1. R. S. 115, § 6. G. S. 148, § 5. P. S. 189, § 5.

Assessment of Expenses.

SECTION 6. They shall apportion and assess the whole charge
and expense of the improvements and of executing the commis-
sion upon the proprietors of the land, according to the quantity,
quality and situation of each person's part thereof and to the
benefit that he will derive from the improvements.

1702, 11, § 1. R. S. 115, § 7. P. S. 189, § 6.

1795, 62, § 2. G. S. 148, § 6.

Collection of Assessments.

SECTION 7. They may appoint a collector of the assessments,
and shall give him a warrant to collect, pay over and account
for the same to such person as they may appoint. The collector
shall have the same power and proceed in like manner in collect-
ing the assessments as is provided for the collection of town taxes.

1702, 11, § 1. R. S. 115, § 8. P. S. 189, § 7.

1795, 62, § 2. G. S. 148, § 7.

Upton v. Holden, 5 Metcalf, 360.

Wright v. Leonard, 4 Gray, 150 (see page 142).

SECTION 8. If the collector neglects, for twenty days after
being so required by the commissioners, to account for and pay
over the money he has collected, he shall be liable to the commis-
sioners in an action of contract for the whole amount committed
to him for collection; and the money so recovered, after deduct-
ing the expenses of recovery, shall be applied and accounted for
by the commissioners as if it had been collected and paid over
by the collector pursuant to his warrant.

1795, 62, § 2. R. S. 115, § 9. G. S. 148, § 8. P. S. 189, § 8.

Compensation.

SECTION 9. The compensation of the commissioners shall be
determined by the court, and that of the collector shall be agreed
upon between him and the commissioners.

1702, 11, § 2. G. S. 148, § 9. P. S. 189, § 9.

R. S. 115, § 10. 1795, 62, § 3.

Commissioners' Return.

SECTION 10. The commissioners shall, as soon as may be
after the completion of the business, make a return to the court
of their doings under the commission, including an account of all
money assessed and collected by their order and of the disburse-
ment thereof.

1795, 62, § 3. R. S. 115, § 11. G. S. 148, § 10. P. S. 189, § 10.

Proprietors on Charles v. Proprietors on Neponset, 7 Pickering, 207.

Apportionment between Tenant and Remainderman.

SECTION 11. If the commissioners find that a part of the land
is held by a tenant for life or years, they shall apportion and
assess the expense upon the tenant and the remainderman or
reversioner, unless the parties agree on an apportionment; and
every such tenant, remainderman and reversioner shall be con-
sidered a proprietor.

1795, 62, § 4. R. S. 115, § 12. G. S. 148, § 11. P. S. 189, § 11.

Land Subject to Mortgage.

SECTION 12. A mortgagor or mortgagee in possession shall be
considered a proprietor, and all amounts paid by a mortgagee by
order of the commissioners shall be allowed to him under the
provisions of section twenty of chapter one hundred and eighty-
seven.

1795, 62, § 4. R. S. 115, § 13. G. S. 148, § 12. P. S. 189, § 12.

Commissioners may make or open Dams, etc.

SECTION 13. If the commissioners find it necessary or expe-
dient to reduce or raise the water to obtain a view of the land or
for the more convenient or expeditious removal of obstructions,
they may open the flood gates of any mill, or make other needful
passages through or around the dam thereof, or erect a tempo-
rary dam on the land of a person who is not a party to the pro-
ceedings, and may maintain such dam or passages for the water
as long as may be necessary for such purposes.

1745-46, 16, §§ 1, 4. R. S. 115, § 14. P. S. 189, § 13.

1795, 62, § 5. G. S. 148, § 13.

Damages.

SECTION 14. Damages so caused shall be determined by the
commissioners, unless agreed on between them and the parties,
and shall be paid by the commissioners out of the money to be
assessed and collected by them as before provided.

1745^6, 16, § 2. R. S. 115, § 15. P. S. 189, § 14.

1795, 62, § 5. G. S. 148, § 14.

Notice before erecting or opening Dam, etc.

SECTION 15. The commissioners, before proceeding to open
flood gates, or to make other passages for water through or
around a dam or to erect a dam on the land of a person who is
not a party to the proceedings, shall give him reasonable notice
in writing of their intention. If such person appeals from their
decision and gives notice, in writing of his appeal to the commis-
sioners or to any of them, they shall suspend all proceedings
upon his land until the appeal is determined, if it is entered at
the return day next after the expiration of seven days from the
time of claiming the same.

R. S. 115, § 18. G. S. 148, § 17. P. S. 189, § 15. 1885, 384, § 5.

Appeal.

SECTION 16. If a party to the proceedings or a person other-
wise interested therein or affected thereby is aggrieved by any
doings of the commissioners, he may enter an appeal in the court
in which the petition was filed at the return day next following
that at which the return of the commissioners was filed; and
the court may affirm, reverse or alter any adjudication or order
of the commissioners, and may make any appropriate order.
Questions of fact arising upon the appeal shall, upon motion of

either party be tried by a jury in such manner as the court
orders.

1702, 11, § 4. 1795, 62, § 6. G. S. 148, §§ 15, 16. 1885, 384, § 5.

1745^6, 16, § 4. R. S. 115, §§ 16, 17. P. S. 189, §§ 16, 17.

Day v. Hurlburt, 11 Met. 321 (see page 142).

CONSTRUCTION OF ROADS TO SWAMPS.
Roads to Swamps.

SECTION 17. A city, town, person or corporation owning low
land, ponds, swamps, quarries, mines or mineral deposits, which,
on account of adjacent land belonging to other persons or occu-
pied as a highway, cannot be approached, worked, drained, or
used in the ordinary manner without crossing such land or high-
way, may construct roads, drains, ditches, tunnels and railways
thereto as hereinafter provided.

1855, 104, § 1. G. S. 148, § 19. P. S. 189, § 19.

Sherman v. Tobey, 3 Allen, 7.

Petition and Bond.

SECTION 18. The party which desires to make such improve-
ments shall file a petition therefor with the county commissioners
for the county in which the land lies, setting forth the names of
the persons interested, if known to the petitioner, and also in
detail the nature of the proposed improvement and the situation
of the adjoining land. Such petition shall be accompanied by a
bond satisfactory to said commissioners for the payment of the
expenses to be incurred in the prosecution of the petition.

1855, 104, § 2. G. S. 148, § 20. P. S. 189, § 20.

Notice.

SECTION 19. The commissioners, at their first meeting after
the filing of the petition and bond, shall order notice of the time
and place of meeting to consider the petition to be published
once in each of three successive weeks in a newspaper, if any,
published in the county; otherwise, in a newspaper published in
an adjacent county. They shall also give notice thereof to the
clerk of each city or town in which the land lies.

1855, 104, § 3. G. S. 148, § 21. P. S. 189, § 21.

Powers of Commissioners.

SECTION 20. If, after examination, inspection and a hearing,
they find that the improvements prayed for are necessary, they
shall so lay out and establish the same as to do as little injury as
practicable, assess the damages sustained by the proprietor of
the adjacent land and apportion them among all parties to be
benefited according to the benefits each will receive. Such award
shall be conclusive upon the parties charged with such payment
unless an appeal is taken within one year.

1855, 104, § 4. G. S. 148, § 22. P. S. 189, § 22.

Appeal.

SECTION 21. A party who is aggrieved by the award may
appeal therefrom, and thereupon like proceedings shall be had as
are provided in chapter forty-eight.

1855, 104, § 6. G. S. 148, § 23. P. S. 189, 23.

Repairs of Improvements.

SECTION 22. If it is necessary to repair an improvement so
made, a majority of the persons benefited by it may cause such
repairs to be made, and may compel contribution on the basis of
the award from each person benefited.

1855, 104, § 5. G. S. 148, § 24. P. S. 189, § 24.

Petition to Mayor, etc., or Selectmen.

SECTION 23. If the land mentioned in section seventeen lies
entirely in one city or town, the petition may be made to the
mayor and aldermen or selectmen thereof, who shall proceed
thereon in all respects as above provided for county commis-
sioners, except that they need not give notice to their city or
town. Such petition shall be filed in the office of the city or
town clerk before proceedings are had thereon; and the petition
with the order or award thereon shall be recorded in said office
within two months after the order or award has been made.

1857, 292, §§ 1, 3. G. S. 148, §§ 25, 26. P. S. 189, §§ 25, 26.

SECTION 24. The mayor and aldermen or selectmen shall each
receive two dollars for each day's services upon such petition and
the city or town clerk shall receive for recording a petition,

order or award thereon the same fees as are provided for registers
of deeds by section twenty-nine of chapter two hundred and four.

1857, 292, §§ 3, 4. G. S. 148, § 27. P. S. 189, § 27.

Complaint to County Commissioners.

SECTION 25. A party aggrieved by such order or award, or by
the refusal of the mayor and aldermen or selectmen to make such
order or award, may, within one year thereafter, complain to the
county commissioners, who shall thereupon proceed in all re-
spects as though the petition had been originally filed with them.

1857, 292, § 2. G. S. 148, § 28. P. S. 189, § 28.

ACTS OF 1913, CHAPTER 759.

RECLAMATION OF WET LAND.
Commonwealth may acquire Land for Purpose of Reclamation.

SECTION 1. The state board of agriculture and the state board
of health, acting as a joint board, are hereby authorized with the
approval of the governor and council, to purchase or take by
right of eminent domain in the name of the commonwealth for
the purposes of this act, any tract or tracts of wet land, except
salt marshes, together with such dry lands, if any, as may be
necessary for access thereto. In carrying out the provisions of
this act the said joint board may, in its discretion, determine
that any of the powers and duties hereby conferred or imposed
shall be exercised and performed by either one of the two boards
composing the joint board.

Damages.

SECTION 2. The said joint board shall estimate and determine,
as soon as may be, all damages sustained by any person or cor-
poration by the taking of land, or any right therein, under au-
thority of this act, and the same shall be paid from the fund
hereinafter provided; but anyone aggrieved by such determina-
tion may have his damages assessed by a jury of the superior
court in the manner provided by law with respect to damages
sustained by reason of the laying out of ways. If, upon trial,
damages are increased beyond the award of the board, the
aggrieved party shall recover costs; otherwise such party shall
pay costs; and costs shall be taxed as in civil cases. No suit
for such damages shall be brought after the expiration of two
years from the date of the recording of the taking, as required
by the following section.

Description of Land taken to be recorded.

SECTION 3. Within sixty days after any land, or right therein,
is taken under this act, the said joint board shall file and cause
to be recorded in the proper registry of deeds a description
thereof sufficiently accurate for its identification, with a state-
ment of the purpose for which the same is taken, signed by a
majority of the said joint board; and upon such filing title to the
land or rights so taken shall vest in the commonwealth.

Labor of Prisoners may be employed.

SECTION 4. The said joint board, acting through such agent
or agents as it may appoint, shall drain and reclaim lands ac-
quired under this act, and for this purpose may purchase ma-
chinery and other necessary equipment, and may execute such
contracts as the governor and council shall approve. So far as
is practicable, the labor of prisoners shall be employed in re-
claiming the said lands, under such regulations and conditions as
may be prescribed by the prison commissioners; and it is hereby
made the duty of the prison commissioners to furnish such labor,
upon request of the said joint board, whenever it is practicable
for them to do so. The cost of transportation of prisoners to
and from the place of labor and the cost of providing them with
necessary meals while so employed shall be paid from the fund
herein provided for.

Cultivation of Reclaimed Land.

SECTION 5 (as amended by 1914, 596, § 2). When said lands, or
any convenient part thereof, shall have been drained and re-
claimed, the said joint board shall cause the same to be culti-
vated for not less than two successive seasons, in such manner
as in the opinion of the board will best demonstrate the value
thereof for agricultural uses. The products of cultivation, except
hay sold in the bale, shall not be sold in open market, but shall
be used for the supply of public institutions, and such institu-
tions shall pay to the joint board such sums for the said prod-
ucts as they would pay if the same were purchased in open mar-
ket, and the sums so received shall be added to the sum herein
provided for.

Wet Lands Reclamation Fund.

SECTION 6. The said joint board shall thereafter, at such
time or times as it shall deem expedient, offer such lands for sale,
in whole or in part, at a price not less than the cost of the land

plus the cost of reclaiming the same. Any sums received from
such sales shall be paid into the treasury of the commonwealth
and credited to the ordinary revenue until the total amount
expended under the provisions of this act has been refunded,
after which the proceeds shall be credited to a fund to be known
as the Wet Lands Reclamation Fund and shall be used for the
reclamation of other tracts in the manner herein provided.

Expenditures.

SECTION 7. In carrying out the provisions of this act, the said
joint board may expend a sum not exceeding fifteen thousand
dollars from the treasury of the commonwealth. This sum shall
be in addition to any amounts received from the sale of products
as aforesaid.

ACTS OF 1914, CHAPTER 596.
Purchase of Wet Lands for Reclamation.

SECTION 1. The joint board established by chapter seven
hundred and fifty-nine of the acts of the year nineteen hundred
and thirteen may, in its discretion, in order further to carry out
the purposes of said chapter, purchase any wet lands at a price
not exceeding the assessed valuation thereof, and may accept on
behalf of the commonwealth gifts of land to be drained and
reclaimed as therein provided. The sellers or donors of such
lands may reserve the right to buy back the land at any time
within two years upon paying the price originally paid by the
commonwealth, together with the amount expended in improve-
ments and maintenance, and interest at the rate of four per
cent per annum, but in the absence of a provision to that effect
in the deed of purchase or gift the former owner shall not have
such right, and the lands so acquired shall be offered for sale, in
whole or in part, by the said joint board, at such time or times
as it shall deem expedient, at a price not less than the cost of the
land plus the cost of reclaiming the same, and interest at the
rate of four per cent per annum.

Expenditure authorized.

SECTION 3. In carrying out the provisions of this act, and of
said chapter seven hundred and fifty-nine of the acts of the year
nineteen hundred and thirteen, the joint board may expend a
sum not exceeding ten thousand dollars, from the treasury of

the commonwealth, in addition to the sums authorized by sec-
tion seven of said chapter.

REVISED LAWS, CHAPTER 196.

CBANBERRY LAND AND ICE PONDS.
Dam to flow Cranberry Land.

SECTION 39. An owner or lessee of land appropriated or which
he desires to appropriate to the cultivation and growth of the
cranberry may erect and maintain a dam upon and across a
stream to flow and irrigate said land, subject to the provisions
of this chapter so far as applicable; but he shall not erect and
maintain a dam across a navigable stream or across the outlet of
a great pond, without a license therefor from the board of harbor
and land commissioners.

1866, 206. P. S. 190, § 48. 1892, 55.

Hinckley v. Nickerson, 117 Mass. 213 (see page 167).
Blackwell et al. v. Phinney et al, 126 Mass. 458.
Howes v. Crush, 131 Mass. 207 (see page 165).
Turner v. Nye, 154 Mass. 579 (see page 141).

Apportionment of Expense.

SECTION 40. If a dam has been so erected or maintained or if
a person has at his own expense made, kept open or repaired any
ditches or drains for the improvement or cultivation of such
tract of land, any owner or lessee of a like tract, who uses such
dam, ditches or drains or who by more remote means receives
benefit thereby for the flowing, irrigating or draining of such
last-mentioned tract, shall pay to the person who has erected or
maintained such dam or incurred such expense his proportionate
part thereof, which shall be determined by the selectmen of the
town as provided in sections four and thirty-seven to forty,
inclusive, of chapter forty-nine. But no covenants or agreements
by or between the owners or lessees of such land shall be affected
by the provisions of this section.

1871, 163. P. S. 190, § 49.

Ice Ponds.

SECTION 41. An owner or lessee of land which is used for an
ice pond may erect and, between the first day of November and
the first day of March, maintain a dam across a stream not
navigable, for the purpose of making an ice pond by flowing
adjoining land, subject to the provisions of this chapter, so far as
applicable, if he annually pays to the owner of land which may

be overflowed or injured thereby the amount of the tax which
may from time to time be assessed on such land; but such dam
shall not be erected without the consent of all of the owners of
the land which would be flowed by it, unless the person or cor-
poration proposing to erect it shall furnish to such owners as
do not consent to the erection security, satisfactory to them or
approved by a justice of a court of record or by a master in
chancery, for the payment of any damages which may be caused
by flowing the land of such owners.

1898, 480.

IV. GAME AND DOG STATUTES.

1. DEER.

ACTS OF 1913, CHAPTER 529.
Taking or Killing of Deer regulated.

SECTION 1 (as amended by 1913, 744, and 1914, 453). It shall
be unlawful, except as hereinafter provided, to hunt, pursue,
wound or kill a deer, or to sell or offer for sale, or to have in
possession for the purpose of sale, a deer or the flesh of a deer
captured or killed in this commonwealth: provided, that this
act shall not apply to a tame deer belonging to any person and
kept on his own premises; and provided, further, that any
farmer or other person may, on land owned or occupied by him,
or, with the consent of the owner, upon land adjacent thereto,
pursue, wound or kill any deer which he has reasonable cause to
believe has damaged or is about to damage crops, fruit or orna-
mental trees, except grass growing on uncultivated land; and he
may authorize any member of his family, or any person em-
ployed by him so to pursue,^ wound or kill a deer under the
circumstances above specified. In the event of the wounding or
killing of a deer as aforesaid, it shall be the duty of the person
by whom or under whose direction the deer was wounded or
killed to mail or otherwise transmit within twenty-four hours
thereafter to the commissioners on fisheries and game a report in
writing signed by him of the facts relative to the said wounding
or killing. The said report shall state the time and place of the
wounding or killing, and the kind of tree or crop injured or
destroyed, or about to be injured or destroyed, by the deer.
It shall be unlawful to sell or offer for sale the whole or any part
of a deer killed under the aforesaid provision.

Open Season established.

SECTION 2. Any person who is duly authorized or licensed to
hunt in this commonwealth according to the provisions of law,
may, between sunrise of the third Monday of November and
sunset of the following Saturday, hunt, pursue, take or kill by
the use of a shotgun, a wild deer, subject to the following restric-
tions and provisions: — No person shall kill more than one deer
under the provisions of this section or have in possession more

than one deer killed under the provisions of this section. No
deer shall be hunted, taken or killed on land posted in accordance
with the provisions of section fourteen of chapter ninety-two of
the Revised Laws, or on land under the control of the metro-
politan park commission or of the metropolitan water and sewer-
age board, or in violation of any city ordinance or town by-law,
or in any state reservation, or by any method prohibited by law.
It shall be unlawful to make, set or use any trap, salt lick or
other device for the purpose of ensnaring, enticing, taking, in-
juring or killing a deer. Whoever wounds or kills a deer under
the provisions of this section shall make a report in writing,
signed by him, and mailed or otherwise transmitted within
twenty-four hours of such wounding or killing, to the commis-
sioners on fisheries and game, stating the facts relative to the
wounding or killing.

Not to affect Certain Provisions of Law.

SECTION 3. Nothing in this act shall be construed as affecting
the provisions of section eighteen of chapter ninety-two of the
Revised Laws, as amended by chapter two hundred and forty-
five of the acts of the year nineteen hundred and five.

Repeal.

SECTION 4. Section seventeen of chapter ninety-two of the
Revised Laws, as amended by chapter three hundred and seven
of the acts of the year nineteen hundred and seven, and by chap-
ter three hundred and seventy-seven of the acts of the year
nineteen hundred and eight, and by chapter three hundred and
ninety-six of the acts of the year nineteen hundred and nine is
hereby repealed; chapter five hundred and forty -five of the acts
of the year nineteen hundred and ten and chapter three hundred
and eighty-eight of the acts of the year nineteen hundred and
twelve are also hereby repealed; but the said repeals shall not
affect any suit or other proceeding now pending.

Penalty.

SECTION 5. Any violation of any provision of this act shall be
punished by a fine not exceeding one hundred dollars for each
offence.

ACTS OP 1913, CHAPTER 744.

PROTECTION OF MOOSE.

SECTION 1. The provisions of this act authorizing the killing
of deer under the circumstances and at the times specified above
shall not apply to moose; and it shall be unlawful in this com-
monwealth to hunt, pursue, take, wound or kill a moose at any
time, or to sell, offer for sale, or to have in possession the flesh of
a moose captured or killed in this commonwealth.

REVISED LAWS, CHAPTER 92, § 18, AS AMENDED BY ACTS OF 1913, CHAPTER 552.

PROTECTION OF DEER FROM DOGS.
Hunting, etc., of Deer by Dogs prohibited.

SECTION 18. Any of the commissioners on fisheries and game,
or their deputies, or any member of the district police, or any
officer qualified to serve criminal process, may kill a dog found
chasing or hunting deer at any time if the dog is used for such
purpose with the knowledge and consent of his owner or keeper,
and the owner or keeper of the dog shall be punished by a fine
of fifty dollars. If a dog has twice been found chasing or hunting
deer, and if the owner or keeper of the dog has so been notified
on each occasion by the commissioners on fisheries and game, it
shall be a presumption of law, if the same dog is thereafter found
chasing or hunting deer, that such chasing or hunting was with
the knowledge and consent of the said owner or keeper, unless
the contrary is shown by evidence.

ACTS OF 1903, CHAPTER 407, AS AMENDED BY ACTS OF 1912, CHAPTER 438.

DAMAGES FROM DEER Loss.
Payment of Damages caused by Deer.

SECTION 1. Whoever suffers loss by the eating, browsing or
trampling of his fruit or ornamental trees, vegetables, produce or
crops by wild deer may, if the damage is done in a city, inform
the officer of police of said city who shall be designated to receive
such information by the mayor, and if the damage is done in a
town, may inform the chairman of the selectmen of the town
wherein the damage was done, who shall proceed to the premises
where the damage was done and determine whether the same was
inflicted by deer, and if so, appraise the amount thereof if it does
not exceed twenty dollars. If, in the opinion of said officer of
police or chairman, the amount of said damage exceeds twenty

dollars, he shall appoint two disinterested persons, who, with
himself, shall appraise under oath the amount thereof. The said
officer of police or chairman shall return a certificate of the
damages found, except in the county of Suffolk, to the treasurer
of the county in which the damage is done, within ten days after
such appraisal is made. The treasurer shall thereupon submit
the same to the county commissioners, who, within thirty days,
shall examine all such bills, and if any doubt exists, may summon
the appraisers and all parties interested and make such exam-
ination as they may think proper, and he shall transmit such
bills, properly approved, to the auditor of accounts, and they,
including the cost of appraisal, shall be paid out of the treasury
of the commonwealth in the same manner as other claims against
the commonwealth. In the county of Suffolk the certificate of
damages shall be returned to the treasurer of the city or town in
which the damage is done, who shall exercise and perform the
rights and duties hereby conferred and imposed upon the county
commissioners in other counties. The appraisers shall receive
from the commonwealth one dollar each for every such examina-
tion made by them, and shall receive twenty cents a mile, one
way, for their necessary travel.

2. DOG DAMAGES.
REVISED LAWS, CHAPTER 102.

Damage by Dogs.

SECTION 146. The owner or keeper of a dog shall be liable in
an action of tort to a person injured by it in double the amount
of damages sustained by him.

1791, 38, § 4. 1798, 54, § 3. R. S. 58, § 13. P. S. 102, § 93.

1797, 53, § 5. 1812, 146, § 3. G. S. 88, § 59.

Buddington v. Shearer, 20 Pick. 477 (see page 145).

McCarthy v. Guild, 12 Met. 291 (see page 146).

Mitchell v. Clapp, 12 Gush. 278.

Brewer v. Crosby, 11 Gray, 29 (see page 145). '

Sherman v. Favour, 1 Allen, 191 (see page 145).

Barrett v. Maiden & Melrose R.R. Co., 3 Allen, 101.

Pressey v. Wirth, 3 Allen, 191 (see page 146).

Le Forest v. Tolman, 117 Mass. 109.

Searles v. Ladd, 123 Mass. 580.

Collingill v. Haverhill, 128 Mass. 218.

White v. Lang, 128 Mass. 598.

Hathaway v. Tinkham, 148 Mass. 85 (see page 145).

McLaughlin v. Kemp, 152 Mass. 7.

AVhittemore v. Thomas, 153 Mass. 347.

Galvin v. Parker, 154 Mass. 346.

Boulester v. Parsons, 161 Mass. 182 (see page 145).

Raymond v. Hodgson, 161 Mass. 184.

Boylan v. Everett, 172 Mass. 453.

When Dogs may be killed.

SECTION 147. Any person may kill a dog which suddenly
assaults him while he is peaceably walking or riding outside the
enclosure of its owner or keeper; and any person may kill a dog
found out of the enclosure or immediate care of its owner or
keeper, worrying, wounding or killing neat cattle, sheep or lambs.

1791, 38, § 2. R. S. 58, § 14. G. S. 88, § 60. P. S. 102, § 94.

Nesbett B. Wilbur, 177 Mass. 200 (see page 144).

Complaint as to Dangerous Dogs.

SECTION 148. If a person who has been so assaulted, or who
finds a dog strolling outside of the enclosure or immediate care of
its owner or keeper, within forty-eight hours after such assault or
finding makes oath thereof before a police, district or municipal
court or trial justice or before the clerk of the city or town in
which the owner or keeper of the dog dwells and that he suspects
the dog to be dangerous or mischievous, and gives notice thereof
to its owner or keeper by delivering to him a certificate of such
oath signed by such court or justice or clerk, the owner or keeper
shall forthwith kill or confine such dog; and if he neglects so to
do for twenty-four hours after such notice, he shall forfeit ten
dollars.

1791, 38, § 2. R. S. 58, § 16. G. S. 88, § 61. P. S. 102, § 95.

After Notice, any Person may kill.

SECTION 149. If such dog is licensed under the provisions of
this chapter, the forfeiture under the provisions of the preceding
section shall not be incurred unless the dog is proved to be
mischievous or dangerous. Any person may kill a licensed dog
which has been proved to be mischievous or dangerous under the
provisions of this section if it is again found strolling outside of
the enclosure or immediate care of its owner or keeper.

1791, 38, § 3. G. S. 88, § 62. 1867, 130, § 14.

R. S. 58, § 16. 1865, 197, § 4. P. S. 102, § 96.

Liability of Owner for Further Damage.

SECTION 150. If a dog, after such notice to its owner or
keeper, by such assault wounds any person or causes him to be
wounded, or worries, wounds or kills any neat cattle, sheep or
lambs, or does any other mischief, the owner or keeper shall be

liable in an action of tort to the person injured thereby in treble
the amount of damages sustained by him.

1791, 38, § 4. R. S. 58, § 17. G. S. 88, § 63. P. S. 102, § 97.

Loss from Dogs worrying Sheep. Payment of Certain Damages, etc.

SECTION 151 (as amended by 1903, 100; 1904, %83; 1911, 392).
Whoever suffers loss by the worrying, maiming or killing of his
sheep, lambs, fowls or other domestic animals by dogs, outside
the enclosure of the owners or keepers of such dogs, may, if the
damage is done in a city, inform the officer of police of said city
who shall be designated to receive such information by the au-
thority appointing the police, and, if the damage is done in a
town, may inform the chairman of the selectmen of the town
wherein the damage was done, who shall proceed to the premises
where the damage was done and determine whether the same was
inflicted by dogs, and if so, appraise the amount thereof if it
does not exceed twenty dollars. If in the opinion of said officer
of police or chairman the amount of said damage exceeds twenty
dollars, the damage shall be appraised, under oath, by three
persons, of whom one shall be such officer of police or chairman,
one shall be appointed by the person alleged to be damaged, and
the third shall be appointed by the other two. The said ap-
praisers shall also consider and include in such damages the
labor and time necessarily expended in the finding and collecting
of the sheep, lambs, fowls or other domestic animals so injured
or separated and the value of those lost or otherwise damaged
by dogs. The said officer of police or chairman shall return a
certificate of the damages found, except in the county of Suffolk,
to the treasurer of the county in which the damage is done,
within ten days after such appraisal is made. The treasurer shall
thereupon submit the same to the county commissioners, who,
within thirty days, shall examine all such bills, and if any doubt
exists, may summon the appraisers and all parties interested and
make such examination as they may think proper, and shall
issue an order upon the treasurer of the county in which the
damage was done for such amount, if any, as they decide to be
just. The treasurer shall pay all orders drawn upon him in full,
for the above purpose, out of any money in the county treasury
and payments made therefor shall be charged to the dog fund.
The appraiser shall receive from the county, or in the county of
Suffolk, from the city or town treasurer, out of the money
received under the provisions of this chapter relating to dogs, one

dollar each for every such examination made by them, and also
twenty cents a mile one way for their necessary travel; and the
officer of the chairman of selectmen acting in the case shall re-
ceive twenty cents a mile one way for his necessary travel.

1715-16, 16, § 2. 1744-5, 25, § 2. G. S. 88, § 64. P. S. 102, § 98.

1719, 20, § 2. 1791, 38, § 4. 1864, 299, § 9. 1886, 259.

1728-9, 10. 1858, 139, § 4. 1867, 130, § 10. 1889, 454, § 1.

1737-8, 10, § 2. 1859, 225, § 6.

Cheney v. Holden, 16 Gray, 125.

Osborn v. Selectmen of Lenox, 2 Allen, 207 (see page 144).

Worcester v. Ashworth, 160 Mass. 186 (see page 143).

Rewards for killing Dogs found to have worried, etc., Domestic Animals.

SECTION 152 (as amended by 1905, 106). The mayor and alder-
men of a city or the selectmen of a town may offer a reward of
not more than twenty-five dollars for the killing of any dog
found to have worried, maimed or killed any sheep, lambs, fowls
or other domestic animals, thereby causing damages for which
their owner may become entitled to compensation from the dog
fund as provided for in the preceding section, or for evidence
which shall determine to the satisfaction of such mayor and
aldermen or such selectmen who is the owner or keeper of the
dog by which such damage is done. The county commissioners,
except in the county of Suffolk, are authorized and directed to
pay the said reward from the dog fund upon a certificate signed
by the mayor and aldermen or selectmen.

1889, 454, § 2.
Worcester v. Ashworth, 160 Mass. 186 (see page 143).

Hearing to determine Ownership of Dog.

SECTION 153. If the mayor and aldermen of a city or the
selectmen of a town determine, after notice to parties interested
and a hearing, who is the owner or keeper of any dog which is
found to have worried, maimed or killed any sheep, lambs, fowls
or other domestic animals, thereby causing damages for which
their owner may become entitled to compensation from the dog
fund as provided for in section one hundred and fifty-one, they
shall serve upon the owner or keeper of such dog a notice direct-
ing him within twenty-four hours to kill or confine the dog.

1889, 454, § 3.

Penalty on Owner for not confining Dog.

SECTION 154. A person who owns or keeps a dog, who has
received such notice and does not within twenty-four hours kill
such dog or thereafter keep it on his premises or under the
immediate restraint and control of some person shall be punished
by a fine of not more than twenty-five dollars; and any person
may kill such dog if it is found strolling outside of the enclosure
or immediate care of its owner or keeper.

1889, 454, § 4.

Appointment of Person to investigate Damages, etc.

SECTION 155 (as amended by 1904, 14%; 1907, 241; 1910, 892).
The county commissioners, except in the county of Suffolk, shall
appoint one and may appoint not more than four suitable per-
sons, all residing in the county, any one of which persons shall,
at the request of said commissioners, or of the chairman of the
selectmen of a town or officer of the police designated as pro-
vided in section one hundred and fifty-one, investigate any case
of damages done by a dog of which such commissioners, chairman
or officer shall have been informed as provided in said section,
and if he believes that the evidence is sufficient to sustain an
action against the owner or keeper of a dog as provided in section
one hundred and sixty-two and believes that sucih owner or
keeper is able to satisfy any judgment which may be recovered in
such action, he shall, unless such owner or keeper before action
brought pays him such amount in settlement of such damages as
he deems reasonable, bring such action. It may be brought in
his own name and in the county in which he resides, and he shall
prosecute it. Said officer shall have concurrent jurisdiction with
the officer or officers appointed under authority of section one
hundred and forty-three. All awards received or recovered by
him in such actions shall be paid over to the county treasurer
and placed to the credit of the dog fund. The county treasurer
shall pay out of the dog fund such reasonable compensation as
the county commissioners shall allow to such person for his
services and necessary expenses and the reasonable expense of
prosecuting such actions. The person or persons appointed may
be removed at any time by the county commissioners, and in
counties in which they are appointed, the county treasurer shall
not be authorized to bring such actions.

1889, 454, § 5. 1894, 309, § 1.

Worcester v. Ashworth, 160 Mass. 186 (see page 143).

Persons damaged to have Choice of Remedy.

SECTION 156. The owner of sheep, lambs or other domestic
animals which may have been worried, maimed or killed by dogs
shall have his election to proceed under the provisions of section
one hundred and fifty-one or of sections one hundred and forty-
eight, one hundred and forty-nine and one hundred and fifty;
but, having signified his election by proceeding in either mode,
he shall not have the other remedy.

1859, 225, § 8. 1864, 299, § 99. P. S. 102, § 99.

G. S. 88, § 65. 1867, 130, § 10.

Who to act in Absence of Chairman of Selectmen.

SECTION 157. In the absence or illness of the chairman of the
selectmen, any one of the selectmen of the town who may be
duly informed of damage supposed to have been done by dogs
shall discharge forthwith the duties imposed by section one hun-
dred and fifty-one upon the chairman.

1867, 130, § 10. P. S. 102, § 100.

Selectmen may order Dogs to be muzzled, etc.

SECTION 158. The mayor and aldermen of a city or the
selectmen of a town may order that any dog within the limits
of such city or town, respectively, shall be muzzled or restrained
from running at large during such time as shall be prescribed by
such order. After passing such order and posting a certified
copy thereof in two or more public places in such city or town,
or, if a daily newspaper is published in such city or town, by
publishing such copy once in such newspaper, the mayor and
aldermen or selectmen may issue their warrant to one or more
of the police officers or constables of such city or town, who shall,
after twenty-four hours from the publication of such notice, kill
all dogs found unmuzzled or running at large contrary to such
order, and who shall receive such compensation therefor as is
provided in section one hundred and forty-three.

1877, 167, §§ 1, 2. P. S. 102, §§ 101, 102.

Service of Order. Penalty.

SECTION 159. The mayor and aldermen or selectmen may
cause service of such order to be made upon the owner or keeper
of the dog by causing a certified copy thereof to be delivered to
him, and if he refuses or neglects for twelve hours thereafter to

muzzle or restrain such dog as so required, he shall be punished
by a fine of not more than twenty-five dollars.

1877, 167, § 3. P. S. 102, § 103.

Penalty on Town Officers.

SECTION 160. A county, city or town officer who refuses or
wilfully neglects to perform the duties imposed upon him by the
provisions of this chapter relating to dogs shall be punished by a
fine of not more than one hundred dollars, which shall be paid,
except in the county of Suffolk, into the county treasury. Who-
ever is aggrieved by such refusal or neglect may report the same
forthwith to the district attorney of his district.

1858, 139, § 6. ' G. S. 88, § 66. 1867, 130, § 11.

1859, 225, § 13. 1864, 299, § 10. P. S. 102, § 104.

In Suffolk, Money from Licenses to be paid into City Treasury.
SECTION 161. In the county of Suffolk, all money received for
licenses or recovered as fines or penalties under the provisions of
this chapter relating to dogs 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 damages done by dogs in
Suffolk county shall be determined by appraisers as specified in
section one hundred and fifty-one and, when approved by the
board of aldermen or selectmen of the city or town in which the
damage was done, shall be paid in full on the first Wednesday of
January of each year by the treasurer of such city or town, if the
gross amount received by him and not previously paid out under
the provisions of this chapter relating to dogs is sufficient there-
for; otherwise, such amount shall be divided pro rata among
such claimants in full discharge of their claims.

1864, 299, § 12. 1867, 130, § 13. 1869, 250, § 1. P. S. 102, § 105.

Owner, etc., of Dog liable to County or City, etc.

SECTION 162. The owner or keeper of a dog which is doing
damage to sheep, lambs or other domestic animals shall be liable
in an action of tort to the county for all damages so done which
the county commissioners thereof have ordered to be paid, as
provided in this chapter. The county treasurer may, and if so
ordered by the county commissioners shall, bring such action.
In the county of Suffolk, such owner or keeper shall be liable in
like manner to the city or town for damages so done therein
which the board of aldermen or selectmen, respectively, have so

ordered to be paid; and the city or town treasurer may, and if
so ordered by the board of aldermen or selectmen shall, bring
such action.

1858, 139, § 5. G. S. 88, § 64. 1867, 130, §§ 12, 13.

1859, 225, § 7. 1864, 299, § 11. P. S. 102, § 106.

Worcester ». Ashworth, 160 Mass. 186 (see page 143).

Unexpended Money, how appropriated.

SECTION 163. Money which is received by a county treasurer
under the provisions of the preceding sections relating to dogs
and is not paid out for damages shall, in January, be paid back
to the treasurers of the cities and towns in proportion to the
amounts received from such cities and towns; and the money so
refunded shall be expended for the support of public libraries or
schools. In the county of Suffolk, money so received by the city
or town treasurer and not so paid out shall be expended by the
school committee for the support of public schools.

1865, 197, § 3. 1867, 130, § 12. 1869, 250, § 1. P. S. 102, § 107.

Form of Warrant for killing Dogs.

SECTION 164. The warrant required to be issued by the provi-
sions of section one hundred and forty-three may be in the
following form : —

COMMONWEALTH OF MASSACHUSETTS.
[Seal.]
M , ss. To , constable of the city (or town) 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 chapter
one hundred and two of the Revised Laws, and you are further required to
make and enter complaint against the owner or keeper of every such dog.

Hereof fail not, and make due return of this warrant with your doings
therein, stating the number of dogs killed and the names of the owners or
keepers thereof, and whether all unlicensed dogs in said city (or town) have
been killed, and the names of persons against whom complaints have been
made under the provisions of said chapter, and whether complaints have
been made and entered against all the persons who have failed to comply
with the provisions of said chapter, on or before the first day of October
next.

Given under my hand and seal at aforesaid, the day

of , in the year nineteen hundred and

Mayor of [or Chairman of the Selectmen of]

1867, 136, § 16. P. S. 102, § 108.

Towns may make By-laws, etc.

SECTION 165. A city or town may make additional ordinances
or by-laws relative to the licensing and restraining of dogs and
may affix penalties of not more than ten dollars for a breach
thereof; but such ordinances or by-laws shall relate only to dogs
owned or kept in such city or town; and the annual fee required
for a license under the provisions of section one hundred and
thirty shall in no case be more than one dollar in addition to the
amount required by said section.

1824, 139. 1850, 245. G. S. 88, § 67.

R. S. 58, § 10. 1859, 225, § 14. P. S. 102, § 109.

Commonwealth v. Dow, 10 Met. 382 (see page 146).

Fines, etc., how recovered.

SECTION 166. All fines and penalties provided in the preceding
sections relating to dogs may be recovered before a police, dis-
trict or municipal court or trial justice in the county in which the
offence was committed.

G. S. 88, §68. P. S. 102, § 110.

ACTS OF 1902, CHAPTER 226, AS AMENDED BY ACTS OF 1904, CHAPTER 127.

PROTECTING DOMESTIC ANIMALS FROM INJURY BY DOGS.
Protection of Domestic Animals from Injury by Dogs.

It shall be lawful for the county commissioners of any county,
or their agents thereto authorized in writing, to enter upon the
premises of the owner of any dog known to them to have worried
or killed sheep, lambs, fowls or other domestic animals, and then
and there to kill such dog, unless such owner whose premises are
thus entered for the said purpose shall give a bond in the sum of
two hundred dollars, with sufficient sureties, to be approved by
the county commissioners, the condition of the bond being that
the dog shall refrain from killing or worrying sheep, lambs, fowls
or other domestic animals for the space of twelve months next
ensuing. And if the owner of the dog declares his intention to
give such a bond the said county commissioners or their agents
shall allow him reasonable time in which to procure and prepare
the same and to present it to them, or to file it with the clerk of
the city or town in which the said owner resides.

3. SALE OF RABBITS.

ACTS OF 1911, CHAPTER 118.

Protection and Sale of Hares and Rabbits.

SECTION 1 (as amended by 1914, 120). It shall be unlawful to
hunt, take or kill a hare or rabbit between the first day of March
and the eleventh day of October, both inclusive, or to buy or sell
or offer for sale a hare or rabbit taken or killed during the said
period in this commonwealth, or taken or killed at any time con-
trary to the laws of any other state or country. But any person
may buy or sell hares or rabbits at any time: provided, that
they were not taken or killed contrary to the laws of this com-
monwealth or of any other state or country.

Certain Acts Unlawful, etc.

SECTION 2. It shall be unlawful at any time to remove or
.attempt to remove a hare or rabbit from any hole in the ground
or from any stone wall or from under any ledge or stone or log or
tree, and it shall be unlawful to take or kill a hare or rabbit by a
trap, snare or net, or for that purpose to construct or set a trap,
snare or net, or to use a ferret. The possession of a ferret in a
place where hares or rabbits might be taken or killed shall be
prima facie evidence that the person having the ferret in posses-
sion has used it for taking and killing hares or rabbits contrary to
law. Ferrets used in violation hereof shall be confiscated.

Certain Rights of Farmers, etc.

SECTION 3. This act shall not be construed to prohibit farmers
and fruit growers from trapping rabbits in box traps at any time
during the year: provided, first, that such trapping is done on
land owned or leased by the person setting the trap and used for
the raising of fruit, vegetables or other products by the person so
trapping; secondly, that the person so trapping shall first have
made an affidavit before a justice of the peace that hares or
rabbits have injured fruit, vegetables or other products on his
said premises and shall have forwarded the affidavit so made to
the commissioners on fisheries and game; and thirdly, that the
said commissioners have issued to him a permit so to trap. It
shall be unlawful to barter or sell hares or rabbits trapped in
accordance with the provisions of this section.

Repeal.

SECTION 4. Chapter four hundred and sixty-six of the acts of
the year nineteen hundred and nine and section two of chapter
five hundred and thirty-three of the acts of the year nineteen
hundred and ten are hereby repealed.

Penalty.

SECTION 5. Whoever violates any provision of this act shall
be punished by a fine not exceeding ten dollars for each offence.

4. PROPAGATION OF PHEASANTS.

ACTS OF 1909, CHAPTER 309.
Hunting of Pheasants regulated.

SECTION 1. It shall be unlawful to hunt, pursue, take or kill,
sell or offer for sale or to have in possession, a pheasant of any
kind or the flesh of any pheasant except as hereinafter provided.

Permission may be granted to rear Pheasants.
SECTION 2. Upon application to the commissioners on fisheries
and game, written permission may be granted to any person to
engage in the rearing of pheasants and to dispose of the same,
under such rules and regulations, approved by the governor and
council, as may be made from time to time by the commissioners;
and such artificially propagated pheasants may be bought or
sold or had in possession at any season of the year, and any per-
son receiving such permission may hunt, pursue, take or kill such
pheasants upon the land owned or leased by him.

Penalty.

SECTION 3. Whoever violates any provision of this act, or any
rule or regulation made as aforesaid, shall be punished by a fine
not exceeding fifty dollars for each bird or part thereof in respect
to which the violation occurs.

Repeal.

SECTION 4. Chapter four hundred and seventy-seven of the
acts of the year nineteen hundred and eight, except section four
of said chapter, is hereby repealed.

100

ACTS OF 1914, CHAPTER 401.

KILLING OF PHEASANTS.
Open Season may be declared on Pheasants.

SECTION 1. The board of commissioners on fisheries and game
may declare an open season on pheasants in any county of the
commonwealth, in which such open season seems advisable, and
may make such rules and regulations relating to bag limit, time
and length of open season and varieties to be taken and all other
matters connected with such open season as the said board may
from time to time deem necessary or expedient.

Pheasants found damaging Crops may be captured or killed.

SECTION 2. A person may captur.e, pursue, wound or kill,
upon land owned or occupied by him, a pheasant which he finds
in the act of doing damage to any crop on cultivated land; and
he may authorize a member of his family or person permanently
employed by him on such land to capture, pursue, wound or kill
a pheasant under the circumstances above specified. The person
by whom or under whose direction a pheasant is so captured,
wounded or killed shall within twenty-four hours report the
facts in writing to the said board, stating the time, place and the
number of pheasants so captured, wounded or killed.

Penalty.

SECTION 3. Whoever violates any provision of this act or any
rule or regulation made under authority hereof shall be punished
by a fine not exceeding fifty dollars for each bird or part thereof
in respect to which the violation occurs.

Repeal.

SECTION 4. All acts and parts of acts inconsistent herewith are
hereby repealed. .

101

V. STATUTES RELATING TO MARKETING.

1. PUBLIC MARKETS.

GENERAL ACTS OF 1915, CHAPTER 119.

Certain Cities and Towns may establish Public Markets.

SECTION 1. All cities and all towns having a population of ten
thousand or more are hereby authorized to provide and maintain
public markets with suitable buildings and grounds. For this
purpose, any such city or town may, with the approval of the
state board of agriculture, take or acquire land by purchase or
otherwise, with or without buildings, and may make alterations
in buildings and construct new buildings on land so acquired.

Public Market Places.

SECTION 2. All cities and all towns having a population of ten
thousand or more which do not maintain public markets under
the provisions of section one hereof shall, within one year after
the passage of this act, designate one or more streets or squares,
or parts thereof, or other public places, which shall be suitably
situated and shall be approved by the state board of agriculture,
to be used by farmers and other persons as public market places.

Rules and Regulations.

SECTION 3 (as added by G. A., 1916, 79). Any city or town which
maintains a public market or market place in accordance with
the provisions of this act may make rules and regulations for the
use and management thereof, subject to the approval of the
secretary of the state board of agriculture, and may attach
penalties for their violation.

2. WEIGHTS AND MEASURES OF FARM PRODUCE.

REVISED LAWS, CHAPTER 62.
Weight of Certain Commodities.

SECTION 3 (as amended by 1902, 115, and* 1911, 397). The
barrel of flour, measured by weight, shall contain one hundred
and ninety-six pounds, the barrel of potatoes one hundred and
sixty-five pounds, and the barrel of sweet potatoes one hundred
and fifty pounds. 1894) i98f § 5.

102

Weight of Bushel.

SECTION 4 (a* amended by 1910, 297; 1912, 284; 1913, 176;
G. A., 1915, 43). The bushel of wheat shall contain sixty pounds;
of Indian corn or of rye, fifty-six pounds; of barley, forty-eight
pounds; of oats, thirty-two pounds; of corn meal, fifty pounds;
of rye meal, fifty pounds; of smooth peas, sixty pounds; of
wrinkled peas, fifty-six pounds; of soy beans (glycine hispida),
fifty-eight pounds; of potatoes, sixty pounds; of apples, forty-
eight pounds; of carrots, fifty pounds; of onions, fifty-two
pounds; of clover seed, sixty pounds; of herdsgrass or timothy
seed, forty-five pounds; of Japanese barnyard millet (panicum
crusgalli), thirty-five pounds; of bran and shorts, twenty pounds;
of flaxseed, fifty-five pounds; of coarse salt, seventy pounds; of
fine salt, seventy pounds; of lime, seventy pounds; of sweet
potatoes, fifty-four pounds; of beans, sixty pounds; of lima
beans, fifty-six pounds; of scarlet runner pole beans or of white
runner pole beans, fifty pounds; of broad Windsor beans, forty-
seven pounds; of dried apples, twenty-five pounds; of dried
peaches, thirty- three pounds; of rough rice, forty-four pounds;
of upland cotton seed, thirty pounds; of sea island cotton seed,
forty-four pounds; of buckwheat, forty-eight pounds; of beets,
sixty pounds; of cranberries, thirty-two pounds; of pears, fifty-
eight pounds; of parsnips, forty-five pounds; of roasted pea-
nuts, twenty pounds; of green peanuts, twenty-two pounds; of
peaches, forty-eight pounds; of tomatoes, fifty-six pounds; of
turnips, fifty-five pounds; of quinces, forty-eight pounds; of
string beans, twenty-four pounds; of shell beans, twenty-eight
pounds; of unshelled green peas, twenty-eight pounds; of dande-
lions, twelve pounds; of spinach, twelve pounds; of beet greens,
twelve pounds; of kale, twelve pounds; and of parsley, eight
pounds.

Weight of Meal.

SECTION 5. In this commonwealth, a bushel of cracked corn or
feed or any meal except oatmeal shall be fifty pounds, and a
cental shall be one hundred pounds.

1840, 82, § 1. G. S. 49, § 4. P. S. 60, § 22.
1855, 232, § 1. 1880, 158, § 1. 1888, 414, § 2.

103

3. MILLERS.
REVISED LAWS, CHAPTER 196.
Millers to keep Scales, etc.

SECTION 63. A miller occupying and using a grist mill who
neglects to provide himself with scales and weights or a vibrating
steelyard to weigh corn, grain and meal to and from the mill,
when required, or who refuses so to weigh corn, grain or meal
when required, shall for each offence forfeit to any person who
sues therefor not more than five dollars.

C L 106, § 2. 1728-9, 6, §§ I, 2. 1795, 74, § 8. G. S. 149, § 65.

1709-10, 3, § 3. 1762-3, 19, § 5. R. S. 116, § 59.

Toll.

SECTION 64. The toll for grinding any kind of grain shall not
exceed one sixteenth part thereof.

C. L. 106, § 2. 1709-10, 3, § 3. 1728-9, 6, § 2. 1762-3, 19, § 6.

1795, 74, §9. U.S. 116, §60. G. S. 149, § 66. P. S. 190, § 72.

4. INSPECTION AND SALES ACT.
REVISED LAWS, CHAPTER 57.

BEEF.

Weighers of Beef.

SECTION 1. In each city or town where beef cattle are sold for
the purpose of market or barrelling, the mayor and aldermen or
selectmen shall appoint one or more persons, conveniently situ-
ated in such city or town and not dealers in cattle, to be weighers
of beef, who shall be sworn.

1815, 99, § 1. R. S. 28, § 36. G. S. 49, § 3. P. S. 60, § 1.

Weighers' Fees.

SECTION 2. Fees for weighing cattle shall be paid by the
vendor and shall be twenty cents for each of the first five;
fifteen cents for each of the second five; ten cents each from
eleven to twenty, inclusive; five cents for each above twenty;
also twelve and one half cents for each certificate which shall
contain the weight of each of the cattle weighed for one person,
unless the vendor requests a division thereof.

1815, 99, § 3. R. S. 28, § 38. G. S. 49, § 4. P. S. 60, § 2.

104

FRUITS, NUTS AND VEGETABLES.
Sale of Fruits, Vegetables, etc., regulated.

SECTION 21 (as amended by 1912, 246, and 1913, 713). All
fruits, vegetables and nuts, except as hereinafter otherwise pro-
vided, shall be sold at retail by dry measure, weight or by nu-
merical count, and all fruits and vegetables for which a legal
weight has been established, except peas and beans sold in
quantities of four quarts or less for seeding or planting purposes,
shall be sold at retail only by weight or numerical count. Who-
ever violates any provision of this section shall forfeit a sum not
exceeding ten dollars for each offence.

Sale of Certain Berries regulated.

SECTION 22 (as amended by 1909, 850). Baskets or other
receptacles holding one quart or less which are used or intended
to be used in the sale of strawberries, blackberries, cherries,
currants, blueberries, raspberries or gooseberries shall be of the
capacity of one quart, one pint or one half pint, Massachusetts
standard dry measure.

Penalty.

Whoever sells or offers for sale a basket or other receptacle
holding one quart or less to be used in the sale of any of the
aforesaid fruit which does not conform to said standard, and who-
ever sells or offers for sale any of the aforesaid fruit in any basket
or other receptacle holding one quart or less which does not con-
form to said standard, shall be punished by a fine of not less than
five nor more than ten dollars for each offence. Said baskets or
other receptacles shall not be required to be tested and sealed as
provided by chapter sixty-two, but the sealer or deputy sealer of
weights and measures of any city or town or the deputy sealer of
the commonwealth may, if he so desires, and shall, upon com-
plaint, test the capacity of any basket or other receptacle in
which any of the aforesaid fruit is sold or intended to be sold;
and if the same is found to contain less than the standard meas-
ure he shall seize the same and make complaint against the
vendor.

105

Nuts, etc., measured by the Strike.

SECTION 23. Chestnuts, walnuts, cranberries and all other
berries when sold shall, subject to the provisions of the preceding
section, be measured by the strike or level measures.

1850,261,§1. 1851, 238, § 1. G. S. 49, § 62. P. S. 60, § 19.

ACTS OF 1911, CHAPTER 380, SUPERSEDING REVISED LAWS, CHAPTER 57,

SECTION 24.

Legal and Standard Barrel and Crate for Cranberries.

SECTION 1. The legal and standard barrel for cranberries shall
measure not less than twenty-five and one fourth inches between
the heads, inside; the diameter of the head shall be not less than
sixteen and one fourth inches, including the bevelled edge;
the outside bilge circumference shall measure not less than fifty-
eight and one half inches; the thickness of the staves shall be
not greater than four tenths of an inch. The legal and standard
crate for cranberries shall measure seven and one half inches, by
twelve inches, by twenty-two inches, inside, exclusive of any
interior partition or support, and shall have an interior capacity
of one thousand nine hundred and eighty cubic inches; but any
square or oblong crate or box of different form, but of as great
interior capacity, shall be considered a legal standard crate. It
shall be lawful to use for the sale and delivery of cranberries
square or oblong packages which contain one half crate or one
quarter crate: provided, that such packages have an interior
capacity, exclusive of any partition or support, of nine hundred
and ninety and four hundred and ninety-five cubic inches, re-
spectively. No barrel, crate, one half crate or one quarter crate,
intended for the sale or delivery of cranberries, except of the
standard measure herein specified and plainly marked with the
words "Massachusetts Standard Measure", shall be manufac-
tured or sold. No person shall so mark any barrel or other
package so used, or intended to be used, unless its interior
capacity is as great as the capacity herein specified for such
package.

Massachusetts Standard Measure.

SECTION 2. Every barrel, crate, one half crate or one quarter
crate used for the sale or delivery of cranberries shall be of the
Massachusetts standard measure, and shall be marked as re-
quired by this act. No person shall use any barrel, crate, one
half crate or one quarter crate for such sale or delivery the

106

capacity of which is less than that of the corresponding standard
package herein provided for. Any person violating any of the
provisions of this act shall be punished by a fine not exceeding
one hundred dollars. The sealers of weights and measures of the
several cities and towns shall cause the provisions of this act to
be enforced.

Net Weight.

SECTION 3. It shall be lawful to use for the sale and delivery
of cranberries packages containing one, two or four pounds of
cranberries net weight: provided, that said net weight is plainly
stamped on the top or side of each package.

REVISED LAWS, CHAPTER 57.

GRAIN AND MEAL.
Grain and Meal, how sold.

SECTION 25. In all contracts for the sale and delivery of
wheat, corn, rye, oats, barley, buckwheat, cracked corn, ground
corn or corn meal, ground rye or rye meal, or feed, or any other
meal except oatmeal, cider apples, beans or peas, the same shall,
except as provided in chapter sixty-two, be bargained for and
sold either by the bushel or by the cental.

1813, 51. 1840, 82, § 1. G. S. 49, § 63. P. S. 60, § 21.

R. S. 28, § 160. 1855, 232, § 1. 1880, 158, § 2. 1888, 414, § 1.

Eaton v. Kegan, 114 Mass. 433 (see page 147).

Measurers to be appointed.

SECTION 26. The mayor and aldermen of cities and selectmen
of towns shall annually appoint one or more measurers of grain;
and if only one is appointed by them, they may authorize him to
appoint deputy-measurers.

C. L. 156, § 2. 1762-3, 19, § 2. G. S. 49, § 65.

1742-3, 4, § 5. 1855, 232, § 2; 422. P. S. 60, § 23.

Duties of Measurers.

SECTION 27. Each of such measurers and deputies shall, upon
request of a party to a contract for the sale by the bushel of any
quantity exceeding one bushel of either of the articles mentioned
in section four of chapter sixty-two, ascertain the weight thereof
and give a certificate of the number of bushels, as ascertained
by weight according to the rule prescribed in said section.

1762-3, 19, § 3. 1855, 232, § 2; 422. G. S. 49, § 65. P. S. 60, § 24.

107

Penalty for Short Weight.

SECTION 28. Whoever sells or delivers by the bushel any
quantity, exceeding one bushel, of either of the articles aforesaid,
if the same has not been weighed by one of the measurers of
grain, shall forfeit to the purchaser two dollars for every meas-
ured bushel so delivered which does not contain the required
number of pounds.

1840, 82, § 2. 1855, 232, § 3. G. S. 49, § 66. P. S..60, § 25.

Certificate of Sale by Cental.

SECTION 29. If said articles are sold by the cental, the meas-
urers and their deputies, upon application as before provided,
shall give a certificate of the number of centals of the same; and
whoever sells and delivers a quantity of the same exceeding one
cental, if it has not been weighed by said measurers, shall forfeit
to the purchaser ten dollars for every lot, purporting to be a
cental, which contains less than one hundred pounds.

1880, 158, § 3. P. S. 60, § 26.

Fees of Measurers.

SECTION 30. The fees of measurers of grain shall be prescribed
by the mayor and aldermen or by the selectmen of the several
places in which they are appointed, and one-half shall be paid by
the seller and one-half by the purchaser.

1762-3, 19, § 3. 1855, 232, § 4. G. S. 49, § 67. P. S. 60, § 27.

HAY AND STRAW.

Weighers of Hay.

SECTION 35. If the city council of a city or a town accepts the
provisions of this section or has accepted the corresponding provi-
sions of earlier laws, the mayor and aldermen or selectmen may
from time to time appoint, for a term not exceeding one year,
weighers of hay who shall have the superintendence of the hay
scales belonging to such city or town, and shall weigh hay offered
for sale therein and any other article offered to be weighed.
Such weighers of hay may be at any time removed by such
mayor and aldermen or selectmen. Cities and towns may estab-
lish ordinances and by-laws for the regulation of hay scales and
of the compensation of weighers of hay. A person who, not
having been so appointed, sets up hay scales in a city or town for

108

the purpose of weighing hay or other articles shall forfeit to the
use of such city or town twenty dollars a month, so long as such
scales are continued.

1824,102. R.S. 15, §38; 28, §§95-98. G. S. 18, § 37; 49, §§ 72-75. P. S. 60, §§ 32-34.

Inspectors of Pressed Hay and Straw.

SECTION 36. The mayor and aldermen of a city or the select-
men of a town in which pressed or bundled hay or straw is sold
may, on the petition of ten or more voters thereof, annually
appoint one or more inspectors of pressed or bundled hay and
straw, who shall be sworn. They may remove any inspector so
appointed, fill any vacancy and fix the fees for inspecting, weigh-
ing and marking, which shall be paid by the person employing
the inspector.

1835, 126. 1847, 246, §§ 1, 2, 6. G. S. 49, §§ 78, 82. 1861, 67. P. S. 60, §§ 35, 39.

Duties of Inspectors of Pressed Hay and Straw.

SECTION 37. Each inspector shall provide himself with proper
scales, weights, seals and other suitable instruments and, on
request of the owner or seller, shall inspect and weigh all pressed
or bundled hay and straw within the limits of the city, town or
ward for which he may be appointed. »

1847, 246, §§ 3, 5. G. S. 49, §§ 79, 81. 1861, 67. P. S. 60, §§ 36, 38.

Pressed Hay and Straw, how Numbered and Marked.

SECTION 38. Bales or bundles of hay or straw so inspected
which are found to be sweet, of good quality and free from
damage or improper mixture shall be branded or marked "No. 1."
Such bales or bundles of hay or straw of a secondary quality
shall be branded or marked "No. 2." Bales or bundles of hay
or straw found to be wet or damaged, or which contain sub-
stances not valuable as hay or straw, as the case may be, shall
be branded or marked "Bad." Each bale or bundle so inspected
shall be branded or marked with the name of the inspector, the
city or town for which he is appointed, the month and year when
the inspection is made and the net weight of the bundle.

1836, 240, § 1. G. S. 49, § 80. P. S. 60, § 37.

1847, 246, § 4. 1861, 67.

Penalty for selling without Inspection, etc.

SECTION 39 (as amended by 1902, 459). Whoever, in a city or
town for which an inspector is appointed, sells pressed or bundled

109

hay or straw which has not been inspected and weighed as before
provided, shall forfeit two dollars for each bale or bundle so sold.
But no such inspection and weighing need be made unless the
vendee at the time of purchase requires it.

1836, 240, § 2. G. S. 49, § 83. P. S. 60, § 40.

1847, 246, § 7. 1861, 67.

POTATOES, ONIONS AND SALT.
Sale of Potatoes, Onions and Salt.

SECTION 60. In order to ascertain the mean or true weight of
potatoes, onions or salt, the vendor shall weigh ten measures at
least in every hundred bushels, five measures at least in every
fifty bushels and two measures at least in every less quantity
than fifty bushels sold, unless the vendor and vendee appoint a
third person to measure or ascertain the weight or quantity of
the same or unless they agree on such weight or quantity, or
unless the amount sold does not exceed ten bushels and the
vendee do'es not require the same to be weighed. Whoever sells
potatoes, onions or salt, without so ascertaining the weight, shall
forfeit two dollars for every bushel sold and in like proportion
for a greater or less quantity, to the use of the person who first
prosecutes therefor.

1817, 130. 1847, 14. G. S. 49, § 180.

R. S. 28, § 199. 1856, 271. P. S. 60, §§ 61, 62.

TIMOTHY on HERDSGRASS SEED.

Sale of Timothy regulated.

SECTION 65. All contracts for the sale and delivery of timothy
or herdsgrass seed shall, except as provided in chapter sixty-three,
be made by the standard weight prescribed in section four of
chapter sixty-two. Whoever violates the provisions of this sec-
tion shall forfeit not more than twenty dollars "for each offence.

1862, 134. P. S. 60, §§ 67, 68.

VINEGAR.

Penalty for selling Adulterated Vinegar.

SECTION 66 (as amended by 1911, 600, § 1). Whoever, himself
or by his servant or agent or as the servant or agent of another
person, sells, exchanges or delivers, or has in his custody or
possession with intent to sell, exchange or deliver, or exposes or
offers for sale or exchange adulterated vinegar, or whoever labels,
brands, or sells as cider vinegar or as apple vinegar, any vinegar

110

not the exclusive product of the alcoholic and subsequent acetous
fermentation of the pure juice of fresh apples, shall be punished
by a fine of not more than one hundred dollars.

Standard of Vinegar established.

SECTION 67 (as amended by 1911, 600, § 2, and G. A., 1915, 239}.
Vinegar shall contain no added or artificial coloring matter, and
shall contain not less than four and one half per cent, by weight,
of absolute acetic acid. Cider vinegar shall in addition contain
not less than one and eight tenths per cent by weight, of cider
vinegar solids. If vinegar contains any added or artificial color-
ing matter, or less than the required amount of acidity, or if
cider vinegar contains less than the required amount of acidity
or of cider vinegar solids, it shall be deemed to be adulterated.
The commissioner of health shall determine or cause to be de-
termined, from time to time, analytical methods for the esti-
mation of solids and of acetic acid in vinegar, and said methods
shall be published in the monthly bulletin of the state depart-
ment of health. No persons shall estimate the solids or the
acetic acid content of vinegar for determining the composition
or value of said vinegar as a basis for payment in buying or in
selling, or for the purpose of inspection, by methods other than
those published as herein described.

ACTS OF 1911, CHAPTER 600, SECTION 3, AS AMENDED BY GENERAL ACTS OF 1915,

CHAPTER 158.

Marking of Receptacles containing Vinegar.

Each cask, barrel or other container used by a manufacturer or
producer of or wholesale dealer in vinegar, to contain vinegar
sold or offered for sale, shall be plainly marked with the name
and place of business of the said manufacturer, producer or
wholesale dealer, the kind of vinegar contained therein, the sub-
stance or substances from which the vinegar is made, and cider
vinegar, if diluted with water, shall be distinctly and conspicu-
ously labelled to indicate this fact, as for example, "Diluted to
Legal Strength." Every compound or mixture or blend of
vinegar shall be marked with the word "compound" or "mix-
ture", with a statement of its constituents and the percentage of
each constituent. The principal label, including the word " com-
pound" or "mixture", if used on vinegar in wooden packages,
shall be in Roman letters not less than one inch high, properly
spaced and in straight parallel lines with no more than two

Ill

inches of space between each line. The marking of vinegar in
other containers than wooden packages shall be governed by the
provisions of sections eighteen and nineteen of chapter seventy-
five of the Revised Laws. Whoever, himself, or by his servant
or agent, violates any provision of this section shall be punished
by a fine of not more than one hundred dollars.

REVISED LAWS, CHAPTER 57.
Penalty for selling Deleterious Vinegar.

SECTION 68. Every person who manufactures for sale, or
offers or exposes for sale, any vinegar found upon proper tests to
contain any preparation of lead, copper, sulphuric acid or other
ingredient injurious to health shall for each such offence be
punished by a fine of not less than one hundred dollars.

1880, 113, § 2. P. S. 60, § 70.

ACTS OF 1911, CHAPTER 600.

Enforcement of Law.

SECTION 4. All officers or persons whose duty it is to enforce
the laws relating to food and milk, shall enforce the laws relating
to vinegar, and all statutes relating to food shall apply to vinegar
so far as they may be applicable.

Repeal.

SECTION 5. Section sixty-nine of chapter fifty-seven of the
Revised Laws is hereby repealed.

5. SALE OF MEAT AND PROVISIONS.

REVISED LAWS, CHAPTER 56, SECTION 70, AS AMENDED BY ACTS OP 1908,
CHAPTER 411, SECTION 1; ACTS OF 1912, CHAPTER 448; AND ACTS OP 1914,
CHAPTER 627.

Inspection of Meat, Provisions, etc.

SECTION 70. Boards of health of cities and towns, by them-
selves, their officers or agents, may inspect the carcasses of all
slaughtered animals and all meatr fish, vegetables, produce, fruit
or provisions of any kind found in their cities or towns, and for
such purposes may enter any building, enclosure or other place
in which such carcasses or articles are stored, kept or exposed for
sale. If, on such inspection, it is found that such carcasses or
articles are tainted, diseased, corrupted, decayed, unwholesome
or, from any cause, unfit for food, the board of health shall seize

112

the same and cause it or them to be destroyed forthwith or dis-
posed of otherwise than for food. All money received by the
board of health for property disposed of as aforesaid shall, after
deducting the expenses of said seizure, be paid to the owner of
such property. If the board of health seizes or condemns any
such carcass or meat for the reason that it is affected with a
contagious disease, it shall immediately give notice to the board
of cattle commissioners of the name of the owner or person in
whose possession it was found, the nature of the disease and the
disposition made of said meat or carcass.

Enforcement of Rules and Regulations, etc.

Boards of health of cities and towns may make and enforce
rules and regulations, subject to the approval of the state board
of health, as to the conditions under which all articles of food
may be kept for sale or exposed for sale, in order to prevent
contamination thereof and injury to the public health. Before
the board of health of any city or town submits such rules and
regulations to the state board of health for approval, it shall
hold a public hearing thereon, of which notice shall be given by
publication for two successive weeks, the first publication to be
at least fourteen days prior to the date of the hearing, in a news-
paper published in such city or town, or, if none is so published,
in a newspaper published in the county in which such city or
town is located. Any person affected by such rules and regula-
tions, in the form in which they are presented to the state board
of health for approval, may appeal to the said board for a further
hearing, and said board shall not grant its approval to the rules
and regulations concerning which such an appeal has been taken
until it has held a public hearing thereon, advertised in the
manner specified above in this section with reference to hearings
before boards of health in cities and towns.

Not to prevent Exposure of Food Articles in Boston " Market Limits."

No regulation adopted in accordance with this act shall be
construed as preventing the exposure of food articles for sale at
retail in the Boston "market limits", as defined in the ordi-
nances of the city of Boston of the year eighteen hundred and
ninety-eight, on Saturdays or the day immediately preceding any
holiday observed in Boston, but no area in said "market limits"
where food articles are not at the time of the passage of this act

113

exposed for sale at retail on these days shall be occupied for the
exposure of food articles without a permit from the board of
health.

Penalty.

Whoever violates any rule or regulation of a board of health of
a city or town approved by the state board of health shall be
punished by a fine of not more than one hundred dollars.

1872 231. § 2 1876, 180, § 2. 1892, 195, § 2. 1899, 408, § 20.
1875, 29, § 2. P. S. 58, § 2. 1894, 491, §§ 10, 11, 13.

Inspection of Veal.

SECTION 71 (as amended by 1908, 411, § 2). The board of
health, by themselves, their officers or agents, may inspect all
veal found, offered or exposed for sale or kept with the intent to
sell in its city or town and if, in its opinion, said veal is that of a
calf less than four weeks old when killed, the board shall seize
and destroy or dispose of it as provided in the preceding section,
subject, however, to the provisions thereof relative to the disposal
of money.

1866, 253, § 1. 1875, 29, § 3. P. S. 58, § 3; 208, § 2. 1899, 408, § 20.
1872, 231, § 3. 1876, 180, § 3. 1894, 491, § 12.

Penalty for obstructing Inspector.

SECTION 72 (as amended by 1908, 411, § 3). Whoever prevents,
obstructs or interferes with the board of health, its officers or
agents, in the performance of its duties as provided herein, or
hinders, obstructs or interferes with any inspection or examina-
tion by it or them, or whoever secretes or removes any carcass,
meat, fish, vegetables, fruit or provisions of any kind, for the
purpose of preventing the same from being inspected or exam-
ined under the provisions of sections seventy to seventy-six,
inclusive, shall be punished by a fine of not more than one hun-
dred dollars or by imprisonment for not more than sixty days, or
by both such fine and imprisonment.

P. S. 58, § 2. 1894, 491, § 13.

Sale of Unwholesome Food.

SECTION 73 (as amended by 1907, 293). The provisions of sec-
tion seventy-three of chapter fifty-six of the Revised Laws shall
not apply to persons, firms, or corporations engaged in the whole-
sale fruit and vegetable business, who, at the time of sale of
fruit or vegetables in the original package, make known to the

114

purchaser the partly decayed condition of the articles in said
package.

1784, 50. G. S. 166, § 1. 1875, 29, § 5. P. S. 58, § 5; 208, § 1.
R. S. 131, § 1. 1872, 231, § 5. 1876, 180, § 5. 1894, 491, § 15.

Hemmenway v. Wood, 1 Pick. 524.
Peckham ». Holman, 11 Pick. 484.

Penalties for Sale of Unwholesome Meal.

SECTION 74. Whoever kills or causes to be killed or knowingly
sells, offers or exposes for sale or has in his possession with intent
to sell for food the veal of a calf killed when less than four weeks
old shall be punished by a fine of not more than one hundred
dollars or by imprisonment for not more than sixty days, or by
both such fine and imprisonment.

1885, 239. 1866, 253, § 1. 1875, 29, § 5. P. S. 208, § 2.
G. S. 106, § 2. 1872, 231, § 5. 1876, 180, § 5. 1894, 491, § 15.

Commonwealth v. Raymond, 97 Mass. 567 (see page 147).

Board of Health may cause Publication of Certain Facts.

SECTION 75. The board of health for the city or town in which
any animal or property has been condemned under the provisions
of sections seventy and seventy-one may cause a description of
the place in which such condemned property was found, the name
of every person in whose possession it was found and the name of
every person convicted of an offence under the provisions of the
two preceding sections to be published in two newspapers pub-
lished in the county in which such property was found.

1872, 231, § 6. 1876, 180, § 6. 1894, 491, § 16.
1875, 29, § 6. P. S. 58, § 6.

Sale of Poultry regulated.

SECTION 76. Whoever knowingly sells or exposes for sale
poultry, unless it is alive, before it has been properly dressed by
the removal of the crop and entrails if they contain food, shall be
punished by a fine of not less than five nor more than fifty
dollars for each offence. Boards of health shall cause the provi-
sions of this section to be enforced in their respective cities and
towns.

1883, 230. 1887, 94.

115

ACTS OF 1913, CHAPTER 687.

SALE OF UNWHOLESOME FOOD.
Penalty for Sale of Unwholesome Pood.

SECTION 1. Whoever sells or offers for sale for food or drink
any diseased animal or any product thereof or any tainted, dis-
eased, corrupt, decayed or unwholesome carcass, meat, fish, veg-
etables, produce, fruit or provisions of any kind, except when
packed in such a container that, upon reasonable inspection, the
condition of the contents thereof cannot be ascertained, without
making the condition of the thing sold or offered for sale fully
known to the buyer shall be punished by a fine of not more than
two hundred dollars, or by imprisonment for not more than six
months, or by both such fine and imprisonment.

REVISED LAWS, CHAPTER 75, SECTION 105, AS AMENDED BY ACTS OF 1902, CHAP-
TER 312, SECTION 2; ACTS OF 1903, CHAPTER 220, SECTION 2; ACTS OF 1908,
CHAPTER 329, SECTION 6; ACTS OF 1909, CHAPTER 474; AND ACTS OF 1912,
CHAPTER 248, SECTION 2.

SLAUGHTER HOUSES.
Private Slaughter Houses.

SECTION 105. The provisions of the six preceding sections shall
not apply to a person not engaged in such business who, upon his
own premises and not in a slaughter house, slaughters his own
neat cattle, sheep or swine, but the carcass of any such animals
shall be inspected, and, unless condemned, shall be stamped or
branded according to the provisions of section one hundred and
three of chapter seventy-five of the Revised Laws, as set forth in
chapter two hundred and twenty of the acts of the year nineteen
hundred and three, and as amended by chapter four hundred and
seventy-one of the acts of the year nineteen hundred and nine
and by section five of chapter two hundred and ninety-seven of
the acts of the year nineteen hundred and eleven, by an inspector
at the time of slaughter.

(Note. — The "six preceding sections" referred to are sections 99
to 104, inclusive, of Revised Laws, chapter 75. These sections pro-
vide for the licensing of slaughter houses.)

116

6. APPLE GRADING.

GENERAL ACTS, 1915, CHAPTER 261.

PACKING, GRADING AND SALE OF APPLES. 1
Standard Barrel and Standard Box denned.

SECTION 1. The standard barrel for apples shall be of the
following dimensions when measured without distention of its
parts : — length of stave, twenty-eight and one half inches ;
diameter of heads, seventeen and one eighth inches; distance
between heads, twenty-six inches; circumference of bulge, sixty-
four inches, outside measurement; and the thickness of staves
not greater than four tenths of an inch: provided, that any barrel
of a different form having a capacity of seven thousand and fifty-
six cubic inches shall be a standard barrel.

The standard box for apples shall be of the following dimen-
sions by inside measurement: eighteen inches by eleven and one
half inches by ten and one half inches, without distention of its
parts, and having a capacity of not less than two thousand one
hundred seventy-three and one half cubic inches.

Grades denned.

SECTION 2 (as amended by G. A., 1916, 63, § l). The standard
grades of apples when packed or repacked in closed packages
within this commonwealth shall be as follows : — " Massachusetts
Standard Fancy" shall include only apples of one variety which
are well matured specimens, hand-picked, above medium color for
the variety, normal shape, of good and reasonably uniform size,
sound, free from disease, insect and fungus injury, bruises and
any other defects except such as are necessarily caused in the
operation of packing, and shall be packed properly in clean, strong
packages: provided, that apples of one variety which are not more
than three per cent below the foregoing specifications may be
graded as " Massachusetts Standard Fancy."

"Massachusetts Standard A" shall include only apples of one
variety which are well matured specimens, properly packed, of
medium color for the variety, normal shape, sound, practically
free from disease, insect and fungus injury, bruises and other
defects except such as "are necessarily caused in the operation of

1 For regulations adopted by the secretary of the Board of Agriculture for the enforcement of
this law, and also for the United States standard barrel law and United States apple-grading law,
see Circular No. 50, "Apple Grading and Packing," published by the Massachusetts State Board of
Agriculture.

117

packing: provided, that apples of one variety which are not more
than five per cent below the foregoing specifications may be
graded as "Massachusetts Standard A."

"Massachusetts Standard B" shall include only apples of one
variety, which are well matured, properly packed, practically
normal shape, practically free from disease, insect and fungus
injury or any other defect that materially injures the appearance
or useful quality of the apples, and which may be less than
medium color for the variety: provided, that apples of one
variety which are not more than ten per cent below the fore-
going specifications may be graded as "Massachusetts Stand-
ard B."

"Ungraded." Apples not conforming to the foregoing speci-
fications of grade, or, if conforming, not branded in accordance
therewith, shall be classed as ungraded and so branded.

Use of Other Marks permitted.

SECTION 3 (as amended by G. A., 1916, 63, § #). The marks
indicating the grade, as above prescribed, may be accompanied
by any other designation of grade or brand if such designation
is not inconsistent with, or marked more conspicuously on the
package than, the mark or marks required by section five of
this act.

Minimum Size to be marked on Package.

SECTION 4. The minimum size of the fruit in all grades, in-
cluding the ungraded, shall be marked upon the package, and
shall be determined by taking the transverse diameter of the
smallest fruit in the package at right angles to the stem and
blossom end. Minimum sizes shall be stated in variations of one
quarter of an inch, such as two inches, two and one quarter
inches, two and one half inches, two and three quarters inches,
three inches, three and one quarter inches, and so forth, in ac-
cordance with the facts. Minimum sizes may be designated by
figures instead of words. The word "minimum" may be desig-
nated by using the abbreviation "min."

Closed Packages to be Branded.

SECTION 5. Every closed package of apples packed or re-
packed in the commonwealth and intended for sale, either within
or without the commonwealth, shall have marked in a conspicu-
ous place on the outside of the package in plain letters a state-

118

tnent of the quantity of the contents, the name and address of
the packer or of the person by whose authority the apples were
packed, the true name of the variety and the grade and the
minimum size of the apples contained therein, in accordance with
the provisions of sections two, three and four of this act, and the
name of the state in which they were grown. If the true name
of the variety is not known to the packer or other person by
whose authority the apples are packed, the statement shall in-
clude the words "variety unknown", and if the name of the
state in which the apples were grown is not known, this fact shall
also be set forth in the statement. If apples are repacked, the
package shall be marked "repacked", and shall bear the name
and address of the repacker, or the name and address of the
person by whose authority it is repacked, in place of that of the
original packer.

Style and Size of Letters and Figures fixed.

SECTION 6. The branding or marking of barrels under the
provisions of this act shall be in block letters and figures of a
size not less than thirty-six point Gothic. The secretary of the
state board of agriculture shall prescribe rules and regulations as
to the lettering to be used in branding or marking other closed
packages.

Packing, Sale or Distribution of Adulterated or Misbranded Apples

prohibited.

SECTION 7. It shall be unlawful for any person to pack, sell,
distribute or offer or expose for sale or distribution, apples which
are adulterated or misbranded within the meaning of this act.

" Adulterated " defined.

SECTION 8 (a* amended by G. A., 1916, 63, § 3). For the pur-
poses of this act, apples packed in a closed package shall be
deemed to be adulterated if their measure, quality or grade does
not conform in every particular to the brand or mark upon or
affixed to the package, or if the faced or shown surface gives a
false representation of the contents of the package.

;d in a

"Misbranded" defined.

SECTION 9. For the purposes of this act, apples packe(
closed package shall be deemed to be misbranded: -

First. If the package is packed or repacked in the common-

119

wealth and fails to bear all statements required by sections two,
three, four and five and in accordance with the provisions of
section six of this act.

Second. If the package, whether packed or repacked within
or without the commonwealth is falsely branded, or bears any
statement, design or device, regarding the apples contained there-
in, which is false or misleading, or if the package bears any state-
ment, design or device indicating that the apples contained
therein are of a specified Massachusetts standard grade, and said
apples, when packed or repacked, do not conform to the require-
ments prescribed by this act for such grade.

Cold-storage Apples to be inspected.

SECTION 10 (as amended by G. A., 1916, 63, § 4)- Apples which
have been in cold storage shall not be sold or distributed, or offered
or exposed for sale or distribution, in closed packages until they
have been inspected in accordance with rules and regulations to
be prescribed by the secretary of the state board of agriculture.

Rules and Regulations to be made.

SECTION 11. The secretary of the state board of agriculture
shall make rules and regulations for carrying out the provisions
of this act, and he shall publish, on or before the first day of
September following the passage of this act, and after a public
hearing, rules for the grading and packing of apples and speci-
fying, for each variety of apples, the minimum size which shall
be included in the grade designated as "fancy"; and he may
thereafter modify such rules and regulations.

Inspectors authorized to enter Places and open Packages.

SECTION 12. The secretary of the state board of agriculture,
in person or by deputy, shall have free access at all reasonable
hours to any building or other place where apples are packed,
stored, sold, or offered or exposed for sale. He shall also have
power in person or by deputy to open any box, barrel, or other
container, and may, upon tendering the market price, take
samples therefrom.

Appropriation provided.

SECTION 13. For the purpose of carrying out the provisions
of this act there may be expended during the present fiscal year
a sum not exceeding one thousand dollars, and thereafter such

120

annual expenses as may be necessary shall be paid from the
annual appropriation for disseminating useful information.

Penalty fixed.

SECTION 14. Any person who adulterates or misbrands apples
within the meaning of this act, or who packs, repacks, sells,
distributes, or offers or exposes for sale or distribution, apples in
violation of any provision of this act, or who wilfully alters,
effaces or removes, or causes to be altered, effaced or removed,
wholly or partly, any brands or marks required to be put upon
any closed package under the provisions of this act, shall be
punished by a fine not exceeding fifty dollars for the first offence,
and by a fine not exceeding one hundred dollars for each subse-
quent offence.

Certain Persons exempted and Liability placed.

SECTION 15. No person who sells or distributes or offers or
exposes for sale or distribution apples adulterated or misbranded
within the meaning of this act shall be deemed to have violated
any of the provisions of this act, if it shall appear that he acted
in good faith solely as a distributor, or if he shall furnish a
guaranty signed by the person from whom he received the
apples, with the address of such person, that the apples are not
adulterated or misbranded within the meaning of this act. In
such case, the person from whom the distributor received the
apples shall be liable for the acts of the distributor who relied
upon his guaranty, to the same extent as the distributor would
have been liable under the provisions of this act.

11 Person " and " Closed Package " defined.

SECTION 16. The word "person", as used in this act shall
include persons, firms, corporations, societies and associations,-
and the acts of agents and employees shall be construed to be the
acts of their principals and employers as well as of the agents
and employees. The words "closed package" shall mean a
barrel, box or other container the contents of which cannot be
sufficiently seen for purposes of inspection without opening the
container.

The act took effect upon its passage, except that the provisions of
sections one, two, three, four, five, six, seven, eight, nine, ten,
fourteen, fifteen and sixteen were not operative until the first da\
of July, in the year nineteen hundred and sixteen.

rst day

121

VI. MISCELLANEOUS STATUTES RELATING TO AGRI-
CULTURE.

1. FENCE VIEWERS AND FIELD DRIVERS.
REVISED LAWS, CHAPTER 33.

FENCE VIEWERS.
Fences defined.

SECTION 1. Fences four feet high, in good repair, constructed
of rails, timber, boards, iron or stone, and brooks, rivers, ponds,
creeks, ditches and hedges, or other things which the fence
viewers consider equivalent thereto, shall be deemed legal and
sufficient fences.

C. L. 145, § 2. 1785, 52, §2. G. S. 25, § 1.

1693-4, 7, § 1. R. S. 19, § 1. P. S. 36, § 1.

Eames v. Salem & Lowell R.R. Co., 98 Mass. 560 (see page 151).

Adjoining Occupants to maintain Fences.

SECTION 2. The occupants of adjoining lands which are en-
closed with fences shall, so long as both of them improve the
same, maintain partition fences in equal shares between their
enclosures, unless they otherwise agree.

1698, 12, §§ 2, 4. 1785, 52, §§ 2, 3. G. S. 25, §§ 2, 8.

1742-3, 33. R. S. 19, §§ 2, 8. P. S. 36, §§ 2, 8.

Newell v. Hill, 2 Met. 180 (see page 151).
Thayer v. Arnold, 4 Met. 589 (see page 151).
Holbrook v. McBride, 4 Gray, 220.
Kennedy v. Owen, 134 Mass. 226 (see page 153).
Fay v. Elliott, 154 Mass. 588 (see page 148).

Proceedings on Neglect of Party.

SECTION 3. If a person refuses or neglects to build, repair or
rebuild a partition fence which he is required to maintain, any
person aggrieved may complain to two or more of the fence
viewers, who after notice to each party shall view the same, and
if they determine that it is insufficient and that a partition fence
is required between the lands of the respective occupants, they
shall so state in writing to the delinquent occupant, and direct
him to repair or build the same within a reasonable time, not
exceeding fifteen days, and if the fence is not built, repaired or
rebuilt accordingly, the complainant may build or repair it.

134 Mass. 229. 1785, 52, § 2. 1863, 190, § 1.

C. L. 17, § 2. R. S. 19, § 3. 1870, 376.

1693-4, 7, § 1. G. S. 25, § 3. P. S. 36, § 3.
1742-3, 33.

Scott v. Dickinson, 14 Pick. 276 (see page 154).

Lamb v. Hicks, 11 Met. 496 (see page 152).

Sears v. Inhab. of Charlemont, 6 Allen, 437 (see page 152).

122

Remedy against Adjoining Owner for Repair of Fence.

SECTION 4. If a deficient fence which has been built up or
repaired by a complainant is, after due notice to each party,
adjudged sufficient by two or more of the fence viewers, and the
value thereof with their fees has been ascertained by a certificate
under their hands, the complainant may demand, either of the
occupant or owner of the land where the fence was deficient,
double the amount so ascertained; and upon the neglect or
refusal to pay the same for one month after demand, he may
recover the same with interest at one per cent a month in an
action of contract.

1785, 52, § 3. R. S. 19, § 4. G. S. 25, § 4. P. S. 36, § 4.

Rust v. Low & Stanwood, 6 Mass. 90 (see page 148).
Binney v. Hull, 5 Pick. 503 (see page 150).
Scott v. Dickinson, 14 Pick. 276 (see page 154).
Lamb v. Hicks, 11 Met. 496 (see page 152).
Sears v. Inhab. of Charlemont, 6 Allen, 437 (see page 152).
Kennedy v. Owen, 131 Mass. 431 (see page 153).
Kennedy v. Owen, 134 Mass. 226 (see page 153).
Day v. Dolan, 174 Mass. 524.

Controversies as to Repairs, etc.

SECTION 5. If the rights of the respective occupants in parti-
tion fences and their obligation to maintain the same are in
controversy, either party may apply to two or more of the fence
viewers, who, after due notice to each party and a hearing, may
in writing assign to each his share thereof, and may direct the
time within which each party shall erect or repair his share;
which assignment, being recorded in the office of the city or town
clerk, shall be binding upon the parties and upon the succeeding
occupants of the lands.

1742-3, 33. R. S. 19, § 5. P. S. 36, § 5.

1785, 52, § 3. G. S. 25, § 5.

Lamb v. Hicks, 11 Met. 496 (see page 152).
Alger v. Pool, 11 Gush. 450 (see page 153).

Double Damages, when.

SECTION 6. If a person refuses or neglects to erect and main-
tain the part of a fence assigned to him by the fence viewers, it
may be erected and maintained by any person aggrieved, who shall
be entitled to double the value thereof, which shall be ascer-
tained and recovered in the manner aforesaid.

1693-4, 7, § 1. 1785, 52, § 3. G. S. 25, § 6.

1742-3, 33. R. S. 19, § 6. P. S. 36, § 6.

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Compensation for repairing more than Just Share.
SECTION 7. If a partition fence is required between the lands
of adjoining occupants, and either of them has, before complaint
made, voluntarily erected the whole fence, or more than his just
share thereof, or has otherwise become proprietor thereof, the
fence viewers may order the other occupant to pay the value of
so much thereof as may be assigned to him to repair or maintain,
to be ascertained and recovered as provided in this, chapter.

R. S. 19, § 7. 1863, 190, § 1. P. S. 36, § 7.

G. S. 25, § 7. 1870, 376.

Scott v. Dickinson, 14 Pick. 276 (see page 154).
Lamb c. Hicks, 11 Met. 496 (see page 152).

Fences, how and where made, when Lands are bounded by Water.

SECTION 8. If lands of different persons, which are required to
be fenced, . are divided by a river, brook, pond or creek, and one
of the occupants refuses or neglects to join in making a partition
fence or they disagree respecting the same, two or more of the
fence viewers shall, upon application, forthwith view such river,
brook, pond or creek; and if they determine that it is not suffi-
cient as a fence, that it is impracticable to fence on the true
boundary line without unreasonable expense and that a partition
fence is required, they shall, after notice to the parties, determine
how or on which side the fence shall be set up and maintained, or
whether partly on the one side and partly on the other, as to
them shall appear just, and shall reduce their determination to
writing; and if either party refuses or neglects to make and
maintain his part of the fence according to such determination,
it may be made and maintained as before provided, and the
delinquent party shall be subject to the same cost and charges,
and they shall be recovered in like manner.

1740-1, 19, § 1. 1760-1, 21. 1779-80, 18. G. S 25, 5 9

1745-6,17. 1770-1,5. 1785,52,54. P S 36 §9'

1752-3, 17. 1775-6, 14. R. S. 19, § 9.

Lamb ». Hicks, 11 Met. 496 (see page 152).

Improved Land in Common, without Partition Fences, may be divided.
SECTION 9. If land belonging to two persons in severalty has
been occupied in common without a partition fence between
them, and one of the occupants desires to occupy his part in
severalty and the other occupant refuses or neglects on demand to
divide the line where the fence ought to be built, or to build a
sufficient fence on his part of the line when divided, the party

124

desiring it may have the same divided and assigned by two or
more of the fence viewers in the manner provided in this chapter;
and the fence viewers may in writing assign a reasonable time,
having regard to the season, for making the fence; and if the
occupant complained of does not make his part of the fence
within the time so assigned, the other party may, after having
made up his part df the fence, make up the part of such occu-
pant, and recover therefor double the expense thereof, with the
fees of the fence viewers, in the manner aforesaid.

1785, 52, § 5. G. S. 25, § 10. 1870, 376.

R. S. 19, § 10. 1863, 190. P. S. 36, § 10.

Kennedy t>. Owen, 131 Mass. 431 (see page 153).
Fay v. Elliott, 154 Mass. 588 (see page 148).

Maintenances of Fences. Land, how laid Common.

SECTION 10. If a division of fence between the owners of im-
proved land has been made either by fence viewers or under an
agreement in writing between the parties which has been recorded
in the office of the clerk of the city or town, the several owners
of such land and their heirs and assigns shall erect and maintain
said fences agreeably to such division; but if a person lays his
land common and determines not to improve any part of the
same adjoining the fence so divided, and gives six months' notice
of his determination to all the occupants of adjoining land, he shall
not be required to keep up or maintain said fence during the
time that his land lies common and unimproved.

1822, 60. R. S. 19, § 15. G. S. 25, § 11. P. S. 36, § 11.

Field v. Nantucket, 1 Gush. 11 (see page 150).
Kennedy v. Owen, 134 Mass. 226 (see page 153).

Purchase of Right in Fence.

SECTION 11. If one person ceases to improve his land or lays
open his enclosure, he shall not take away any part of the parti-
tion fence belonging to him and adjoining the next enclosure, if
the owner or occupant thereof pays the reasonable value thereof,
as determined in writing by two or more of the fence viewers.

C. L. 19, § 7. 1742-3, 33. R. S. 19, § 11. P. S. 36, § 12.

1698, 12, § 4. 1785, 52, § 6. G. S. 25, § 12.

If Unimproved Land Enclosed, etc., Person Benefited shall pay, etc.

SECTION 12. If unenclosed land is afterward enclosed or used
for depasturing, the occupant or owner thereof shall pay for
one-half of each partition fence standing upon the line between
it and the enclosed land of any other occupant or owner, the

125

value thereof, as determined in writing by two or more of the
fence viewers; and if thereupon such occupant or owner neglects
or refuses, for thirty days after demand, to pay one-half of the
value, the proprietor thereof may maintain an action of contract
therefor and for the costs of ascertaining the same; but the
occupant or owner of unenclosed land on the island of Nan-
tucket which is used only for depasturing shall not be subject to
the provisions of this section.

C. L. 19, § 7. 1742-3, 33. R. S. 19, § 12. G. S. 25, § 13.

1698, 12, § 4. 1785, 52, § 6. 1847, 102. P. S. 36, § 13.

Field v. Nantucket, 1 Gush. 11 (see page 150).
Fay ». Elliott, 154 Mass. 588 (see page 148).

Fence Viewers may establish Division Lines, when.
SECTION 13. Fence viewers may determine whether a partition
fence is required between the lands of respective occupants. If
the division line between their lands is in dispute, or unknown,
they may designate a line on which the fence shall be built and
may employ a surveyor therefor; and such line shall, for the
purpose of maintaining a fence, be deemed the division line
between such lands, until it is determined that the true line is in
another place, and, until so determined, all provisions of law
relative to the erection, maintenance and protection of fences
shall be applicable to the fence erected, or to be erected, on such
line.

1863, 190, § 1. 1870, 376. v P. S. 36, § 14.

Fay ». Elliott, 154 Mass. 588 (see page 148).

Removal to and Rebuilding of Fence on True Line.

SECTION 14. If it is determined that the true division line is in
another place, each occupant shall remove his part of the fence
to, and rebuild the same on such line; and in case of neglect or
refusal by either to remove and rebuild his share thereof, the
other may apply to two or more of the fence viewers, who shall
view the premises and assign a time within which the fence shall
be removed and rebuilt, and shall give the delinquent party
notice thereof; and if such party does not remove and rebuild
the fence within the time so assigned, the other party may
remove and rebuild the same and recover double the expense
thereof, with the fees of the fence viewers, to be ascertained and
recovered in the manner provided in section four.

1863, 190, § 2. P. S. 36, § 15.

126

Fence Viewers, when Fences are on Town Lines.

SECTION 15. If the line upon which a partition fence is to be
made or divided is a boundary line of a city or town or is partly
in one and partly in another city or town, a fence viewer shall be
taken from each place.

1785, 52, § 6. R. S. 19, § 13. G. S. 25, § 14. P. S. 36, § 16.

Water Fences, how made.

SECTION 16. A water fence, or fence running into the water,
shall, unless otherwise agreed by the parties, be built by them in
equal shares; and they shall have like remedies as in case of
partition fences.

1740-1, 19, § 3. 1785, 52, § 7. R. S. 19, § 14. G. S. 25, § 15. P. S. 36, § 17.

Penalty for Fence Viewer's Neglect of Duty.

SECTION 17. A fence viewer who, when requested, unreason-
ably neglects to perform any duty required of him in this chap-
ter shall forfeit five dollars, to be recovered by action of tort to
the use of the city or town, or on complaint to the use of the
commonwealth, and shall also be liable for all damages to the
party injured.

1698, 12, § 1. 1756-7, 24. ' R. S. 19, § 17.

1753-4,29,§1. 1785,52, §8. G. S. 25, § 16.

Fees of Fence Viewers.

SECTION 18. Each fence viewer shall be paid at the rate of
two dollars a day for the time during which he is employed.
Such payment shall be made by all or by such of the parties in
dispute, and in such proportions, as shall be determined by a
certificate in writing under the hands of the fence viewers acting
in each case. If any person or persons, who are so required to
pay the whole or any portion of said fees, neglect to pay the fence
viewers within thirty days after the certificate had been de-
livered, the fence viewers may recover, in an action of tort,
double the amount of the fees due from such delinquent person.

1698, 12, § 1. 1756-7, 24. R. S. 19, § 18. 1862, 93.

1753-4, 29, § 1. 1785, 52, § 8. G. S. 25, § 17. P. S. 36, § 19.

Lamb v. Hicks, 11 Met. 496 (see page 152).

127

Fence a Nuisance, when.

SECTION 19. A fence or other structure in the nature of a
fence which unnecessarily exceeds six feet in height and is mali-
ciously erected or maintained for the purpose of annoying the
owners or occupants of adjoining property, shall be deemed a
private nuisance. Any such owner or occupant who is injured
either in the comfort or enjoyment of his estate thereby may
have an action of tort for damages according to the provisions of
chapter one hundred and eighty-six.

*.'..! /

1887, 348.

Hideout v. Knox, 148 Mass. 368.

Rice v. Moorhouse, 150 Mass. 482.

Spaulding v. Smith, 162 Mass. 543 (see page 154).

Smith v. Morse, 148 Mass. 407.

POUNDS AND IMPOUNDING OF CATTLE. FIELD DRIVERS.

Pounds to be maintained.

SECTION 20. Each city and town shall maintain sufficient
pounds, and for neglect thereof for three months shall forfeit
fifty dollars; and shall annually appoint a keeper of each pound
therein.

C. L. 124. 1788, 65, § 1. 1848, 272.

1698, 6, § 1. 1834, 184, §§ 1, 4. G. S. 25, §§ 18, 20.

1728-9, 5. R. S. 19, §§ 19-21. P. S. 36, §§ 20, 22.

Anthony v. Anthony, 6 Allen, 408 (see page 162).

Penalty for injuring.

SECTION 21. Whoever wilfully injures a city or town pound
shall be punished by a fine of not more than fifty dollars or by
imprisonment for not more than ninety days.

1834, 184, § 8. R. S. 19, § 24. G. S. 25, § 19. P. S. 36, § 21.

Beasts at Large without Keeper to be taken up.

SECTION 22. Every field driver shall take up horses, asses,
mules, neat cattle, sheep, goats or swine, going at large in the
highways or townways, or on common and unimproved land,
within his city or town, and not under the care of a keeper; and
for any such cattle or beasts so going at large on the Lord's day,
the field driver or any other inhabitant of the city or town
may, in an action of tort, recover for each beast the same fees

128

which the field driver is entitled to receive for distraining like
beasts.

1698, 6, § 2. 1798, 19. R. S. 19, § 22. P. S. 36, § 23.

1788, 44, § 2; 65, § 2. 1834, 184, § 4. G. S. 25, § 21.

Bruce v. Holden, 21 Pick. 187 (see page 157).
Wild v. Skinner, 23 Pick. 251 (see page 156).
Pickard v. Howe, 12 Met. 198 (see page 158).
Coffin ». Vincent, 12 Gush. 98 (see page 156).
Crippen v. Byron, 4 Gray, 314.
Dean v. Lindsey, 16 Gray, 264 (see page 155).
Parker v. Jones, 1 Allen, 270 (see page 155).
Cleverly t. Towle, 3 Allen, 39 (see page 157).
Anthony v. Anthony, 6 Allen, 408 (see page 162).
Leonard v. Doherty, 174 Mass. 570.
Sanderson v. Lawrence, 2 Gray, 178 (see page 157).
Bruce v. White, 4 Gray, 345 (see page 161).

Beasts at Large without Keeper to be impounded.

SECTION 23. Beasts so taken up and distrained by a field
driver shall be forthwith impounded in the city or town pound,
and the keeper shall furnish them while there with suitable food
and water.

1788, 65, § 2. R. S. 113, § 1. P. S. 36, § 24.

1834, 184, § 4. G. S. 25, § 22.

Folger v. Hinckley, 5 Cush. 263 (see page 160).

Byron v. Crippen, 4 Gray, 312.

Phillips v. Bristol, 131 Mass. 426 (see page 155).

Fees of Field Driver and Pound Keeper.

SECTION 24. The field driver shall be entitled to ten cents
each for sheep and goats, and fifty cents each for other beasts,
so taken up by him, and the pound keeper shall be entitled to
four cents each for the animals so impounded; but if more than
ten sheep are taken up at the same time, the fees for all above
that number shall be only five cents each.

1788, 65, § 2. R. S. 113, § 2. 1863, 178.

1834, 184, § 4. G. S. 25, § 23. P. S. 36, § 25.

Phillips P. Bristol, 131 Mass. 426 (see page 155).

Fees of Field Driver and Pound Keeper to be paid by Owner of Beasts.

SECTION 25. The pound keeper shall not deliver to the owner
any beasts so impounded until the owner pays him his fees, the
expense of keeping the beasts, and the fees of the field driver
which, when received, he shall pay to the field driver.

1834, 184, § 4. R. S. 113, § 3. G. S. 25, § 24. P. S. 36, § 26.

Folger v. Hinckley, 5 Cush. 263 (see page 160).

129

Distraint of Beasts doing Damage.

SECTION 26. If a person is injured in his land by horses, asses,
mules, neat cattle, sheep, goats or swine, he may recover his
damages by an action against the owner of the beasts, or by dis-
training the beasts doing the damage and proceeding therewith
as hereinafter directed; but if the beasts were lawfully on the
adjoining lands and escape therefrom through the neglect of the
person injured to maintain his part of the division fence the
owner shall not be liable nor the beasts distrained.

1753-4, 29, § 3. 1788, 65, § 3. R. S. 113, § 4. P. S. 36, § 27.

1756-7, 24. 1834, 184, § 5. G. S. 25, § 25.

Little v. Lothrop, 5 Greenl. 356 (see page 149).
Stackpole v. Healy, 16 Mass. 33 (see page 149).
Rust v. Low & Stanwood, 6 Mass. 90 (see page 148).
Sherman v. Braman, 13 Met. 407 (see page 158).
Smith v. Gates, 21 Pick. 55 (see page 162).
Coffin v. Vincent, 12 Cush. 98 (see page 156).
Merrick v. Work, 10 Allen, 544 (see page 160).
Hartford r. Brady, 114 Mass. 466 (see page 151).
Newhouse ». Hatch, 126 Mass. 364 (see page 159).
Phillips v. Bristol, 131 Mass. 426 (see page 155).
Conners v. Loker, 134 Mass. 510 (see page 161).

Impounding.

SECTION 27. The beasts so distrained shall be impounded in the
city or town pound, or in some suitable place, under the immedi-
ate care and inspection of the distrainor; and he shall furnish
them with suitable food and water while they remain impounded.

C. L. 18, § 3; 20; 145, § 2. 1788, 65, § 3. R. S. 113, § 5. P. S. 36, § 28.

1698, 6, § 3. 1834, 184, § 5. G. S. 25, § 26.

Sherman c. Braman, 13 Met. 407 (see page 158).
Newhouse v. Hatch, 126 Mass. 364 (see page 159).

Impounding of Beasts on Premises of Field Driver.

SECTION 28. If beasts are taken up and distrained by a field
driver in a town which adopts the provisions of this section or
has adopted the corresponding provisions of earlier laws, he may
impound them on his own premises; and for the purposes of this
chapter he shall be considered a pound keeper, and such place on
his premises shall be considered a town pound relative to beasts
therein impounded.

1869, 366. P. S. 36, § 29.

Person distraining to state Demand.

SECTION 29. If the beasts are impounded in the city or town
pound, 'the distrainor shall leave with the pound keeper a
memorandum in writing under his hand, stating the cause of

130

impounding and the amount which he demands from the owner
for the damage done by them, and also for the daily charges of
feeding them; and if they are impounded in any other place, he
shall on demand give a like memorandum to the owner.

1788, 65, § 4. R. S. 113, § 6. P. S. 36, § 30.

1834, 184, § 5. G. S. 25, § 27.

Bruce ». Holden, 21 Pick. 187 (see page 157).
Wild v. Skinner, 23 Pick. 251 (see page 156).
Pickard v. Howe, 12 Met. 198 (see page 158).
Sherman v. Braman, 13 Met. 407 (see page 158).
Merrick v. Work, 10 Allen, 544 (see page 160).
Newhouse v. Hatch, 126 Mass. 364 (see page 159).

Beasts not delivered until Costs paid.

SECTION 30. The pound keeper shall not deliver the beasts to
the owner until his fees, the amount so demanded by the dis-
trainor for the damages and charges aforesaid, the expense, if
any, of advertising and all other legal costs and expenses have
been paid to him.

1834, 184, § 5. R. S. 113, § 7. G. S. 25, § 28. P. S. 36, § 31.

Folger v. Hinckley, 5 Gush. 263 (see page 160).

Notice to be given Owner or Keeper.

SECTION 31. Whoever impounds beasts shall, within twenty-
four hours thereafter, give notice in writing, containing a descrip-
tion of the beasts and a statement of the time, place and cause of
impounding, to the owner or person having the care of them, if
known and living within six miles of the place of impounding, by
delivering it to him or leaving it at his place of abode.

C. L. 18, § 3; 125, 146, § 3. 1788, 65, § 4. R. S. 113, § 8. P. S. 36, § 32.

1698, 6, § 3. 1834, 184, § 6. G. S. 25, § 29.

Bruce v. Holden, 21 Pick. 187 (see page 157).
Wild v. Skinner, 23 Pick. 251 (see page 156).
Pickard t. Howe, 12 Met. 198 (see page 158).
Coffin ». Field, 7 Gush. 355.

Sanderson v. Lawrence, 2 Gray, 178 (see page 157).
Cleverly v. Towle, 3 Allen, 39 (see page 157).
Merrick v. Work, 10 Allen, 544 (see page 160).
Phillips v. Bristol, 131 Mass. 426 (see page 155).
Field v. Jacobs, 12 Met. 118 (see page 159).

Notice to be posted and published.

SECTION 32. If there is no person entitled to such notice, the
person impounding the beasts shall, within forty-eight hours
thereafter, post a like notice in a public place in the city or town
and in a public place in each of any two adjoining cities or
towns, if within four miles from the place where the beasts were

131

taken; and if their value exceeds thirty dollars and no person
claims them within seven days after the day of impounding, a
like notice shall be published three weeks successively in a news-
paper, if any, published within twenty miles of the pound, the
first publication to be within fifteen days after the day of
impounding.

1834, 184, § 6. R. S. 113, § 9. , G. S. 25, § 30. P. S. 36, § 33.

Pickard v. Howe, 12 Met. 198 (see page 158).
Cleverly v. Towle, 3 Allen, 39 (see page 157).

Amount due from Owner or Keeper, how determined.
SECTION 33. If the owner or keeper of the beasts is dissatisfied
with the claim of the person impounding them, he may have the
amount for which he is liable determined by two disinterested
persons, who shall be appointed and sworn by a justice of the
peace or by the city or town clerk.

C. L. 18, § 3. 1834, 184, § 6. G. S. 25, § 31.

1788, 65, § 4. R. S. 113, § 10. P. S. 36, § 34.

SECTION 34. If the amount for which the beasts have been
impounded and detained is not paid within fourteen days after
notice of the impounding has been given as before directed, or
after the last publication of such notice, the person who im-
pounded them shall apply to a justice of the peace, or to the
city or town clerk who shall issue a warrant to two disinterested
persons who shall be appointed and sworn by the justice or
clerk, and they shall determine the amount due from the owner
or keeper of the beasts for the damages, costs and expenses for
which they have been impounded and detained, including a
reasonable compensation for their own services.

1703-4, 10. 1834, 184, § 6. G. S. 25, § 32.

1788, 65, § 4. R. S. 113, § 11. P. S. 36, § 35.

Smith v. Gates, 21 Pick. 55 (see page 162).

If not paid, Beasts to be sold.

SECTION 35. If the amount so determined is not forthwith
paid, the person who impounded the beasts shall cause them to
be sold by auction in the city or town where they are impounded,
first advertising the sale by posting up a notice thereof for
twenty-four hours at some public place in such city or town.

C. L. 146, § 3. 1788, 65, § 4. R. S. 113, § 12. P. S. 36, § 36.

1703-4, 10. 1834, 184, § 6. G. S. 25, § 33.

132

Disposition of Proceeds.

SECTION 36. The proceeds of such sale, after paying all said
damages, costs, expenses and charges for advertising and selling
the beasts, shall be deposited in the city or town treasury for the
use of the owner, upon proof of his right thereto within two years
from the sale.

C. L. 146, § 3. 1760-1, 21. 1779-80, 18. R. S. 113, § 13.

1703-4, 10. 1770-1, 5. 1788, 65, § 37. G. S. 25, § 34.

1757-8, 10. 1775-6, 14. 1834, 184, § 6. P. S. 36, § 37.

Escaped or Rescued Beasts may be retaken.

SECTION 37. If beasts which have been lawfully distrained or
impounded escape or are rescued, the pound keeper, field driver
or other person who distrained them may, at any time within
seven days thereafter, retake, hold and dispose of them as if
there had been no escape or rescue.

1834, 184, § 7. R. S. 113, § 14. G. S. 25, § 35. P. S. 36, § 38.

Penalty for rescuing Beasts distrained.

SECTION 38. Whoever rescues beasts lawfully distrained or
impounded shall be liable in an action of tort to any person
injured for all damages sustained thereby and the fees and
charges incurred before the rescue; and he shall also forfeit not
less than five nor more than twenty dollars.

C. L. 125, § 2. 1834, 184, § 8. R. S. 113, § 15.

1698, 6, § 4. 1 Mass. 168. G. S. 25, § 36.

1788, 65, § 6. 4 Mass. 471. P. S. 36, § 39.

Vinton u. Vinton, 17 Mass. 342.

Commonwealth v. Beale, 5 Pick. 514 (see page 161).

Field c. Coleman, 5 Gush. 267.

Legality of Distress, how tried.

SECTION 39. The defendant in an action for rescuing beasts
distrained or impounded shall not be allowed to allege or give in
evidence the insufficiency of the fences or any other fact or
circumstance to show that the distress or impounding was
illegal; but if there is such ground of objections to the pro-
ceedings he may avail himself thereof in an action of replevin.

1788, 65, § 6. R. S. 113, § 16. G. S. 25, § 37. P. S. 36, § 40.

Melody v. Reab, 4 Mass. 471.
Commonwealth v. Beale, 5 Pick. 514 (see page 161).

133

Rams and He-goats, when not to go at Large.

SECTION 40. If the owner of a ram or he-goat suffers it to go
at large out of his enclosure between the first day of July and
the twenty-fifth day of December, he shall, if prosecuted within
thirty days next after such ram or he-goat is found going at
large, forfeit five dollars for each offence.

1824, 98, § 1. R. S. 19, § 23. G. S. 25, § 38. P. S. 36, § 41.

2. TRESPASS LAWS.
REVISED LAWS, CHAPTER 208.
Pulling down Stone Walls.

SECTION 91. Whoever wilfully and without right pulls down
or removes any portion of a stone wall or fence which is erected
or maintained for the purpose of enclosing land shall be punished
by a fine of not more than ten dollars.

1901, 298.

ACTS OP 1911, CHAPTER 173.
Powers of Commissioners on Fisheries and Game.

The commissioners on fisheries and game and their duly au-
thorized deputies may arrest without a warrant any person
found in the act of wilfully pulling down a stone wall or fence, or
otherwise violating the provisions of section ninety-one of chap-
ter two hundred and eight of the Revised Laws.

REVISED LAWS, CHAPTER 208.
Malicious Killing or Poisoning of Cattle.

SECTION 98. Whoever wilfully and maliciously kills, maims or
disfigures any horse, cattle or other beast of another person, or
wilfully and maliciously administers or exposes poison with
intent that it shall be taken or swallowed by any such beast,
shall be punished by imprisonment in the state prison for not
more than five years or by a fine of not more than one thousand
dollars and imprisonment in jail for not more than one year.

1804, 131, § 4. R. S. 126, § 39. G. S. 181, § 80. P. S. 203, § 93.

Commonwealth v. Leach, 1 Mass. 59.
Commonwealth ». Walden, 3 Cush. 558.
Commonwealth x. Brooks, 9 Gray, 299.
Commonwealth u. Towle, 9 Gray, 304.
, Commonwealth v. McLaughlin, 105 Mass. 460.

134

Cutting Timber, Wood, Grain, etc.

SECTION 99 (as amended by 1904, 444, § -0- Whoever wilfully
cuts down or destroys timber or wood standing or growing on the
land of another, or carries away any kind of timber or wood cut
down or lying on such land, or digs up or carries away stone, ore,
gravel, clay, sand, turf or mould from such land, or roots,
nuts, berries, grapes or fruit of any kind or any plant there
being, or cuts down or carries away sedge, grass, hay or any kind
of corn, standing, growing or being on such land, or cuts or takes
therefrom any ferns, flowers or shrubs, or carries away from a
wharf or landing place any goods in which he has no interest
or property, without the license of the owner thereof, shall
be punished by imprisonment for not more than six months or
by a fine of not more than five hundred dollars, and if the
offence is committed on the Lord's day or in disguise or secretly
in the night time the imprisonment shall not be less than five
days nor the fine less than five dollars.

1698, 7, §§ 1, 2. 1785, 28, § 1. G. S. 161, §§ 81, 84.

1723-4, 10, §§ 1, 2. 1818, 3, §§ 2, 4. 1868, 321.

1726-7, 3, §§ 1, 2. R. S. 126, §§ 44, 45. P. S. 203, §§ 94, 97.

1727, 8.

Moyle v. Drake, 141 Mass. 241.

Penalty for Wilful Injuries to Trees, Fences, etc.

SECTION 100 (as amended by 1902, 544, § 30). Whoever wil-
fully and maliciously or wantonly cuts down, destroys or injures
a tree which is not his own, standing for any useful purpose, or
whoever wilfully and maliciously or wantonly breaks glass in a
building which is not his own, or whoever wilfully and mali-
ciously breaks down, injures, mars or defaces a fence belonging
to or enclosing land which is not his own, or wilfully and mali-
ciously throws down or opens a gate, bars or fence, and leaves the
same down or open, or maliciously and injuriously severs from
the freehold of another any produce thereof or anything attached
thereto, shall be punished by imprisonment for not more than
six months or by a fine of not more than five hundred dollars.

Trespass in Orchard, Garden, etc.

SECTION 105. Whoever wilfully and maliciously enters an
orchard, nursery, garden or cranberry meadow, and takes away,
mutilates or destroys a tree, shrub or vine or steals, takes and
carries away any fruit or flower, without the consent of the
owner thereof, shall be punished by a fine of not more than five

135

hundred dollars or by imprisonment for not more than six
months.

C. L. 13, § 1. 1855, 457. 1868, 321.

1698, 7, § 1. G. S. 161, § 83. P. S. 203, § 96.

Commonwealth v. Dougherty, 6 Gray, 349.

Trespass by entering Orchard with Intent.

SECTION 106 (as amended by 1902, 544, § 88). Whoever wil-
fully, intentionally and without right enters upon the orchard,
garden or other improved land of another, with intent to cut,
take, carry away, destroy or injure the trees, grain, grass, hay, fruit
or vegetables there growing or being, shall be punished by imprison-
ment for not more than six months or by a fine of not more than
five hundred dollars; and if the offence is committed on the
Lord's day, or in disguise, or secretly in the night time, the
imprisonment shall not be less than five days nor the fine less
than five dollars.

1818, 3, §§ 1, '4. G. S. 161, § 84. P. S. 203, § 97.

R. S. 126, § 45. 1868, 321.

Suffering Animals to trespass on Land.

SECTION 107. Whoever, having the charge or custody of
sheep, goats, cattle, horses, swine or fowl, wilfully suffers or
permits them to enter on, pass over or remain on any orchard,
garden, mowing land or other improved or enclosed land of
another, after being forbidden in writing or by notice posted
thereon by the owner or occupant thereof, or by the authorized
agent of such owner or occupant, shall be punished by a fine of
not more than ten dollars.

1878, 168. 1879, 70. P. S. 203, § 98.

Defacement of Notice against Trespassers.

SECTION 111. Whoever wilfully tears down, removes or defaces
any notice posted on land by the owner, lessee or custodian
thereof, warning persons not to trespass thereon, shall be pun-
ished by a fine of not more than twenty-five dollars.

1890, 403, § 2.

Arrest without Warrant of Trespasser on Lord's Day.

SECTION 121. Whoever is discovered in the act of wilfully
injuring a fruit or forest tree or of committing any kind of
malicious mischief on the Lord's day may be arrested without a
warrant by a sheriff, deputy sheriff, constable, watchman, police

136

officer or other person, and detained in jail or otherwise until a
complaint can be made against him for the offence, and he be
taken upon a warrant issued upon such complaint; but such
detention without warrant shall not continue more than twenty-
four hours.

1851, 246. 1852, 245. G. S. 161, § 86. P. S. 203, § 104.

ACTS OF 1904, CHAPTER 444.
Extracts from Certain Acts to be printed, etc.

SECTION 2. The secretary of the state board of agriculture
shall cause to be printed such extracts from sections ninety-one,
ninety-nine, one hundred and five, one hundred and six, one
hundred and eleven and one hundred and twenty-one of chapter
two hundred and eight of the Revised Laws as in his opinion will
tend to prevent depredations of farm and forest lands.

Distribution, Sale, etc., of Posters.

SECTION 3 (as amended 1914, ®39, § 1). It shall be the duty of
the said secretary to cause copies of said extracts to be printed
on durable material, suitable to be affixed to trees or otherwise
to be posted in the open air, to furnish not exceeding five copies
in any one year without charge to any reputable person applying
therefor, to sell additional copies at not less than the cost thereof,
and annually on or before the first day of April, to send one such
copy to each post office in the commonwealth. All amounts re-
ceived from the sale of said posters shall be paid into the treasury
of the commonwealth.

3. REGISTRATION OF STALLIONS.

REVISED LAWS, CHAPTER 102.
Registration of Stallions.

SECTION 167. The owner or keeper of a stallion for breeding
purposes shall, before advertising the service thereof, file a certifi-
cate of the name, color, age, size and pedigree, as fully as obtain-
able, of said stallion, and of the name of the person by whom he
was bred, with the clerk of the city or town in which said stallion
is owned or kept, who shall upon payment of a fee of twenty-
five cents, record the same in a book to be kept for that purpose.
Whoever neglects to make and file such certificate shall recover
no compensation for the services of his stallion, and whoever
knowingly and wilfully makes a false certificate shall be punished
by a fine of one hundred dollars for each offence.

137

4. DESTRUCTION OF INSECT PESTS.

ACTS OF 1914, CHAPTER 340.
Destruction of Insect Pests on Lands adjacent to Certain Park Lands.

SECTION 1. The metropolitan park commission is hereby au-
thorized, whenever it shall deem such action advisable, to destroy
brown tail moths, gypsy moths and other insect pests on lands
near or adjoining lands under the care and control of said com-
mission and to a distance of one thousand feet therefrom: pro-
vided, however, that said commission shall first have been re-
quested in writing by the owner of any such land to do said
work and that such owner shall either have advanced to the
commonwealth for the purpose the cost of such work, as esti-
mated by said commission, or, if the commission shall so require,
shall have given a bond to the commonwealth to an amount, and
with a principal and surety or sureties satisfactory to said com-
mission, to reimburse the commonwealth for the cost of such
work.

Action of Contract may be maintained for Expenses incurred.

SECTION 2. The treasurer and receiver general of the common-
wealth may maintain an action of contract in his own name
against any owner of land upon which work has been done by
said commission as herein authorized, or against the principal
and surety or sureties on any bond given as aforesaid, for the
expenses incurred by said commission in doing such work.

5. SUPPRESSION OF TENT CATERPILLAR, LEOPARD
MOTH AND ELM BEETLE.

ACTS OP 1914, CHAPTER 404.
Suppression of Certain Insect Pests in Cities and Towns.

SECTION 1. The city forester, superintendent or other person
having charge of the suppression of gypsy and brown tail moths
in each city and town in the commonwealth, or, where there is
no such person, the tree warden, may destroy within the limits of
his city or town the tent caterpillar, leopard moth and elm beetle,
if authorized so to do by the mayor and city council or commis-
sion in cities, or by the selectmen in towns.

138

Owners to be taxed for Work done on Private Land.

SECTION 2. For the purposes of this act the city forester or
other officer designated in section one of this act may enter upon
private land, and the owners of private land may be taxed for
work done under the provisions of section one of this act in the
manner provided by sections six and seven of chapter three hun-
dred and eighty-one of the acts of the year nineteen hundred and
five and acts in amendment thereof and in addition thereto:
provided, however, that nothing contained in this act shall require
the commonwealth to pay any part of any such expense, other
than for the suppression of the gypsy and brown tail moths, that
no land shall be assessed under the provisions of this act which
has been assessed the maximum amount provided by said sec-
tions six and seven and amendments thereof for the suppression
of the gypsy and brown tail moths, and that the aggregate assess-
ment on any parcel of private land for the suppression of the
tent caterpillar, leopard moth, elm beetle and gypsy and brown
tail moths shall not exceed the maximum provided by said sec-
tions six and seven and the amendments thereof.

6. INSPECTION CHARGES FORBIDDEN.

GENERAL ACTS OF 1915, CHAPTER 109.

Charges for the Inspection of Live Stock, Dairies or Farm Buildings pro-
hibited.

SECTION 1. It shall be unlawful for any state or municipal
inspector or other officer to charge any fee for the inspection of
any live stock or of any dairy, barn or stable on any farm in
which milk is produced for sale.

7. POULTRY THIEVING.

ACTS OF 1914, CHAPTER 594.
Detention of Persons unlawfully entering Places where Poultry are kept.

SECTION 1. Whoever, with intent to commit larceny, breaks
or enters, or enters in the night without breaking any building or
enclosure wherein are kept or confined any kind of poultry, may
be detained or kept in custody in a convenient place by the
owner of the poultry, or by his agent or employee, for not more
than twenty-four hours, Sunday excepted, until a complaint can
be made against him for the offence and he be taken upon a
warrant issued upon such complaint.

139

Penalty.

SECTION 2. Whoever is convicted of such trespassing or
breaking or entering shall be punished by a fine of not more than
five hundred dollars or by imprisonment in the house of correc-
tion for not more than two years.

GENERAL ACTS OP 1915, CHAPTER 140.

POULTRY-THIEVING POSTERS.
Posters relative to Poultry Thieving may be printed and distributed.

SECTION 1. The secretary of the state board of agriculture
shall cause to be printed on durable material, proper for posting
in the open air on buildings or otherwise, copies of chapter five
hundred and ninety-four of the acts of the year nineteen hun-
dred and fourteen. He shall furnish not more than five copies
in any one year without charge to any person applying therefor,
and may sell additional copies at not less than the cost thereof,
and annually on or before the first day of April shall send one
such copy printed on paper to each post office in the common-
wealth. All amounts received from the sale of said posters shall
be paid into the treasury of the commonwealth.

8. LIABILITY FOR INJURIES TO FARM LABOR.

ACTS OF 1911, CHAPTER 751, PART I.

Damages for Personal Injury.

SECTION 1. In an action to recover damages for personal
injury sustained by an employee in the course of his employ-
ment, or for death resulting from personal injury so sustained, it
shall not be a defense:

1. That the employee was negligent;

2. That the injury was caused by the negligence of a fellow
employee;

3. That the employee had assumed the risk of the injury.

Law not to apply in Certain Cases.

SECTION 2. The provisions of section one shall not apply to
actions to recover damages for personal injuries sustained by
domestic servants and farm laborers (see pages 163, 164, 165).

140

VII. OPINIONS OF THE ATTORNEY- GENERAL.

1. AGRICULTURAL AND HORTICULTURAL SOCIETIES.
Election of Delegate to Board of Agriculture.

[1 OPINIONS ATTORNEY-GENERAL, 406.]

At a meeting of the Hampden Agricultural Society, at which
proceedings were held for the election of a member of the State
Board of Agriculture, the balloting resulted as follows: the whole
number of votes cast was 46, of which B had 41, F 4 and P 1.
Of the votes cast for B, 39 were cast by proxy.

There being no provision in the charter or by-laws of the so-
ciety regulating the mode of voting by proxy, or conferring the
right so to vote, no member had such right; and since no quorum
voted, the votes cast by proxy being thrown out, no person was
duly elected by said society as a member of the State Board of
Agriculture.

Right to Representation on Board of Agriculture.

[1 OPINIONS ATTORNEY-GENERAL, 90.]

The right of an agricultural society to representation in the
Board of Agriculture in any year depends on its title to receive a
bounty that year.

A society's title to bounty and to representation is to be deter-
mined by its returns between January 10 and the first Wednes-
day of February each year.

A society is not entitled to a bounty in any year unless it has
awarded and paid premiums to the same amount during the
preceding year.

The application of a bounty to the general encouragement or
improvement of agriculture or manufacture does not by itself
entitle a society to a bounty or to representation in the Board.

The requirement of $1,000 invested capital in order to be en-
titled to a bounty applies to all societies, and means an actually
existing invested capital.

The title of a society to representation in the Board accrues
year by year, and the membership of a representative of a society
terminates when his society ceases to be entitled to representa-
tion, though within three years from the time when he took his
seat, subject to reinstatement when the society again acquires the
right to representation.

141

VIII. DIGEST OF SUPREME COURT DECISIONS.

1. DRAINAGE OF WET LANDS.

Constitutionality of Drainage Law.

TALBOT v. HUDSON.

16 Gray, 417.
[EXTRACT FROM DECISION AT PAGE 428.]

Nor are we without precedent for acts of legislation by which
private property has been taken for the purpose of improving
land and rendering it fertile and productive. The St. of 1795,
c. 62 (R. L., c. 195), for the improvement of meadows, swamps
and low lands, recognizes the right of taking private property for
the purpose of redeeming lands from the effects of stagnant water
and of being overflowed by obstructions in brooks and rivers.
This statute, re-enacted by the Rev. Sts., c. 115 (R. L., c. 195),
has been long in use, and many proceedings under it have taken
place, some of which have passed under the judicial cognizance
of this court. But in none has the validity of the statute been
doubted or denied.

TURNER v. NYE.

154 Mass. 579.

[EXTRACT FROM DECISION AT PAGES 581 AND 582.]

MORTON, J. "... we think the plaintiffs misapprehend the
constitutional provision which applies to the act in question.
The statute was not an exercise on the part of the Legislature of
the right of eminent domain, but was enacted under the provision
which gives it power ' to make, ordain, and establish, all manner
of wholesome and reasonable orders, laws, statutes, and ordi-
nances, ... so as the same be not repugnant or contrary to this
constitution, as they shall judge to be for the good and welfare of
this commonwealth, and for the government and ordering thereof,
and of the subjects of the same/ Const. Mass., Part 2, c. 1,
Art. 4^. . . Upon this provision also stand the cranberry act, so
called (St. 1866, c. 206) ; the act in regard to draining meadows,
swamps, marshes, beaches and low lands, with its authority
to commissioners to open the floodgates of a mill, or to erect
a temporary dam on the lands of another person and assess the
damages upon the proprietors (Pub. Sts., c. 189; see Wurts v.
Hoagland, 114 U. T. 606).

142

"... The mill acts, and these and other like statutes (of
which various illustrations might be given), rest upon the princi-
ple that property may be so situated or of such a character that
the absolute right of the individual owner to a certain extent
must yield to or be modified by corresponding rights on the part
of other owners, or by what is deemed on the whole to be for the
public welfare." 1

Powers of Drainage Commissioners.
DAY v. HURLBURT.

11 Met. 321.

Under the Rev. Sts., c. 115 (R. L., c. 195), commissioners who
are appointed to effect improvements in meadows or low lands
have no authority to assess damages in favor of any one who is
not a party to the proceedings instituted for such improvements,
besides those who are mentioned in section 14 of that chapter.
Hence when the owners of certain meadows petition the court of
common pleas for proceedings to improve the same, and commis-
sioners are appointed who cause a drain to be made whereby
water is thrown upon the adjoining meadows of other owners to
their injury, those owners have no remedy, under the provisions
of that chapter, for the injury so sustained.

Powers of County Commissioners in Relation to Drainage.

SHERMAN v. TOBEY.

3 Allen, 7.

Under Gen. Sts., c. 148 (R. L., c. 195), county commissioners
have no power to authorize an owner of marshy or wet land to
dig a ditch into his neighbor's land and discharge the water upon
the same to his injury, but only to authorize him to dig a ditch
across the same, or to some outlet where the water may be dis-
charged without injury.

Return of Commissioners under Drainage Act.
WRIGHT v. LEONARD.

4 Gray, 150.

A deed of low lands sold for nonpayment of the costs of im
provement assessed thereon by commissioners appointed by the
court of common pleas, pursuant to Rev. Sts., c. 115 (R. L., c.

1 See also Proprietors of Mills on Charles River v. Proprietors of Mills on Mill Creek and
Neponset Rivers, 7 Pick. 207.

143

195), passes no title, unless the return of the commissioners to the
court shows the appointment of the collector by whom the deed
was made. ,

2. DOG DAMAGES.

Liability for Injuries by Dog. Constitutionality of Dog Law.

JOHNSON v. GRISWOLD.

179 Mass. 580.

In St. 1889, c. 454 (R. L., c. 102, § 151 /.), giving damages for
sheep killed or injured by dogs, section 1 provides that when the
damages are appraised the county treasurer shall submit the
certificate of damages to the county commissioners, who within
thirty days shall examine the bill for damages and make such
investigation as they think proper, and issue an order upon the
county treasurer for all or any part of the damage. Held, that
the requirement in regard to the time of the examination is for
the benefit of persons claiming damages, and, in the absence of a
request by an interested party for an early examination, is only
directory, and the failure of the commissioners to act within
thirty days does not render their subsequent action in favor of an
injured party invalid.

Under St. 1889, c. 454 (R. L., c. 102, § 151 /.), giving damages
for sheep killed or injured by dogs, the return under section 1 of
a certificate of damages which contains a slight inaccuracy as to
the ownership of the sheep but complies with the essential
requirement of an oath as a preliminary to the appraisal, and
which contains enough to identify the proceedings and justify
the introduction of oral testimony to correct the error as to the
title, does not leave the case as if there were no certificate, but
satisfies the statutory requirement that a certificate shall be
returned.

St. 1889, c. 454 (R. L., c. 102, § 151 /.), and St. 1894, c. 309
(R. L., c. 102, § 155), giving damages for sheep killed or injured
by dogs, are constitutional.

Dog Damage done to Sheep. Liability of Owner to County.
Measure of Damages.

WORCESTER v. ASHWORTH.

160 Mass. 186.

The owner of a dog engaged with other dogs in doing damage
to sheep is liable to the county, under Pub. Sts., c. 102, § 106
(R. L., c. 102, § 162), for all the damages so done, and not alone

144

for that part done by his own dog; and it makes no difference
that one of such dogs belonged to the owner of the sheep.

In an action by a county, under Pub. Sts., c. 102, § 106 (R. L.,
c. 102, § 162), as qualified by St. 1889, c. 454, to recover of the
owner of a dog for the damages done by the dog to the sheep, the
assessment of damages by the county commissioners is not con-
clusive, but the defendant is entitled to show that the amount
awarded by them is excessive.

Right to Reimbursement for Injury by Dogs.
OSBORN v. SELECTMEN OF LENOX.

2 Allen, 207.

Under Gen. Sts., c. 88, § 64 (R. L., c. 102, § 151), one who
suffers loss by reason of the worrying, maiming or killing of his
horse by dogs is, upon proof thereof, entitled to an order from
the selectmen of the town wherein the damage is done, upon the
treasurer of the town, for the amount of his loss, to be paid from
the fund created by taxes on dogs according to the provisions of
that statute; and if the selectmen refuse to draw such order,
upon proof of the facts, a writ of mandamus will be granted
ordering them to do so.

Right to kill Dog doing Damage.

NESBETT v. WILBUR.

177 Mass. 200.

In an action for killing a dog which was engaged in killing the
defendant's hens on the defendant's premises, the judge having
found that the defendant rightly believed that there was no other
way to save them than to kill the dog, and that he was justified
in so doing; a request for a ruling that Pub. Sts., c. 102, § 94
(R. L., c. 102, § 147), giving a right to any person to kill a dog
found out of the enclosure or immediate care of its owner,
worrying neat cattle, sheep, or lambs, takes away the rights of
the defendant at common law, and that not having complied
with the statute the defendant is liable, is rightly refused.

145

Liability of Owner or Keeper for Damages by Dog.
HATHAWAY v. TINKHAM. «

148 Mass. 85.

[PART OF REPORTER'S HEADNOTE.]

The owner or keeper of a dog is liable, under the Pub. Sts.,
c. 102, § 93 (R. L., c. 102, § 146), for an injury done by it to a
person in the exercise of due care, although such injury was done
in play, and without any vicious intent on the part of the dog.

BOULESTER V. PARSONS.

161 Mass. 182.

The leading of a horse behind a wagon on a country road is
not such contributory negligence as will preclude the owner from
maintaining an action, under the Pub. Sts., c. 102, § 93 (R. L.,
c. 102, § 146), against the owner of a dog by whom the horse is
bitten while being so led.

SHERMAN v. FAVOUR.

I Allen, 191.

The keeper of a dog is liable, under the Rev. Sts., c. 58, § 13
(R. L., c. 102, § 146), for double the amount of damages sustained
in consequence of a sudden attack by the dog upon the plaintiff's
horse, and barking and leaping at the horse's head, thereby
frightening him and rendering him unmanageable.

BREWER ET AL. v. CROSBY.

II Gray, 29.

[PART OF REPORTER'S HEADNOTE.]

The remedy givtn by the Rev. Sts., c. 58, § 13 (R. L., c. 102,
§ 146), to "any person injured" by a dog against its owner or
keeper includes injuries to property.

BUDDINGTON V. SHEARER ET AL.

20 Pick. 477.

In an action of trespass, upon Rev. Sts., c. 58, § 13 (R. L.,
c. 102, § 146), which provides that every owner or keeper of any
dog shall forfeit to any person injured by such dog double the
amount of damages sustained by him . . . where the injury was

146

done by, two dogs together, belonging to several owners, it was
held that each owner was liable only for the damage done by his
own dog, and not for the whole damage done by the two dogs.

Liability for Loss of Services caused by Dog Bite.

MCCARTHY v. GUILD.

12 Met. 291.

The owner of a dog that injures a minor child so that the
parent, by reason of such injury, loses the child's services, and is
put to expenses for his cure, is liable to the parent, under Rev.
Sts., c. 58, § 13 (R. L., c. 102, § 146), for double the damages by
him thus sustained.

Owner's Knowledge of Propensities of Dog. Damages.
PRESSEY v. WIRTH.

3 Allen, 191.

In an action under Rev. Sts., c. 58, § 13 (R. L., c. 102, § 146),
to recover double the amount of damages sustained from the bite
of a dog, it is not necessary to prove that the owner knew of the
vicious character of his dog, or that the dog was accustomed to
bite; and the defendant has no ground of exception to an instruc-
tion to the jury, that, in case they should find for the plaintiff,
they should first compute his damages on the principle of exact
and literal compensation for his pain and suffering, and then
double the amount.

Validity of Town By-laws licensing Dogs.
COMMONWEALTH v. Dow.

10 Met. 382.

A by-law of a town, made under Rev. Sts., c. 58, § 10, con-
cerning the licensing, regulating and restraining of dogs going at
large within the town, will be construed to apply only to dogs
owned or kept in the town, although in its terms it applies "to
any person permitting his dog to go at large within the town;"
and if it is otherwise valid it may be enforced against the owner
or keeper of a dog within the town.

The same section in a by-law of a town imposed a penalty oi
$10 on any person permitting his dog to go at large in the town,
unless the dog should be licensed to go at large, and should wear
a collar with the name of the owner or keeper, and the word

147

"licensed" distinctly marked thereon; and the further penalty
of $10 if said dog should wear a collar without license. Held,
that although the latter part of this section might be repugnant
to the Rev. Sts., c. 58, § 12 (R. L., c. 102, § 143), and therefore
void, yet that the former part was valid, and that the penalty
thereby imposed was recoverable of a person who permitted his
dog to go at large without being licensed.

The penalties, imposed by the by-laws of the town of New-
Bedford in relation to dogs, may be recovered by complaint
before the police court of that town.

A dog is "going at large" in a town if he be loose and following
the person who has charge of him through the streets of the
town at such a distance that he cannot exercise a control over
the dog which will prevent his doing mischief.

3. SALES AND MARKETING.

Sale of Oats and Meal.

EATON v. KEGAN.

114 Mass. 433.

By the Gen. Sts., c. 49, § 63 (R. L., c. 57, § 25), sales of oats
and meal must be by the bushel, and an action cannot be main-
tained for their price if sold by the bag.

Slaughter of Calves under Four Weeks Old.
COMMONWEALTH v. RAYMOND.

97 Mass. 567.

In an indictment under the St. of 1866, c. 253, § 1 (R. L.,
c. 56, § 74), for killing, for the purpose of sale, a calf less than
four weeks old it isjiot necessary to allege, nor in support of the
charge is it necessary at the trial to prove, that the defendant
knew that the calf was less than four weeks old; nor that he
intended to sell the veal in this Commonwealth or to an inhabit-
ant thereof; nor what use the purchaser intended to make of the
veal.

In an indictment under the St. of 1866, c. 253, § 1 (R. L.,
c. 56, § 74), the words "with intent to sell," are equivalent to
the words "for the purpose of sale."

148

Sale of Cider. Word "Makers."

COMMONWEALTH v. BOYDEN.

483 Mass. 1.

The word "makers" in St. 1894, c. 489, § 1 (R. L., c. 100, § 1),
includes both farmers and manufacturers, and neither can sell
cider without a license if it contains more than three per cent of
alcohol, measured in the manner provided by statute.

Eight of City to require Permits from Marketmen.

COMMONWEALTH v. CLAY.

(Decided, 1916.)

The city of Salem may require a permit, and the payment of a
fee thereunder, from persons desiring to sell produce in the public
market o£ said city, before they may occupy a stand in said
market.

4. FENCES AND FENCE VIEWERS.
Obligations of Citizens to make and repair Fences.
RUST v. Low AND STANWOOD.

6 Mass. 90.

The statutes made by the Legislature of the Commonwealth
are the foundation of all the obligations imposed on the citizens
by law to make and repair fences.

The tenant of a close is not obliged to fence, but against cattle,
which are rightfully on the adjoining land.

Liability of Owner of Unenclosed Land for Line Fence.

FAY v. ELLIOTT.
154 Mass. 588.

The owner of unenclosed land, who has leased the same and
does not occupy it, is not liable, under the Pub. Sts., c. 33
(R. L., c. 33), to the owner of adjoining land for double the
expense of building a division fence and the fees of the fence
viewers.

149

Right of Public on Highway. Liability of Owner for Straying

Cattle.

STAC£POLE v. HEALY.

16 Mass. 33.

The public have no right in a highway, but a right to pass
and repass thereon; they cannot, therefore, justify turning their
cattle thereon for the purpose of grazing.

And if cattle, so on the highway, for the purpose of grazing,
escape into the adjoining close, the owner of the cattle cannot
avail himself of the insufficiency of the fences in excuse of the
trespass.

Statute Liability for Building of Line Fence. Duty of Fence

Viewers.

O'MALLEY v. MEYER.

221 Mass. 198.

Upon a complaint of a landowner made to fence viewers under
R. L., c. 33, where the erection of a division fence is desired, the
fence viewers, if their award is to have any validity as the basis
of a cause of action, must decide not only that a fence is neces-
sary, but also what part of the fence each landowner is to con-
struct. In the absence of a decision as to such apportionment a
landowner who, after the fence viewers determined that a division
fence was necessary, built the whole of it himself cannot maintain
an action of contract against the owner of the adjoining land to
recover double the value of one-half of the fence he has built,
his rights being governed and limited by the statute.

Duty of Landowner to maintain Fence.

LITTLE v. LOTHROP.
5 Greenleaf, 356 (Maine}.

Where there is no prescription, agreement or assignment under
the statute, whereby the owner of land is bound to maintain a
fence, no occupant is obliged to fence against an adjoining close;
but in such case, there being no fence, each owner is bound at his
peril to keep his cattle on his own close.

Where a tenant is bound by prescription, agreement or assign-
ment under the statute to maintain a fence against an adjoining
close, it is only against such cattle as are rightfully on that close;

150

and in such case, if the fence be not in fact made, the owner of
either close, thus adjoining, may distrain the cattle escaping from

the adjoining close and not rightfully there.

,, . »

Liability of Landowner to pay for Share of Partition Fence.

FIELD v. THE PROPRIETORS OF COMMON AND UNDIVIDED LAND

IN NANTUCKET.

1 Gushing, 11.
[PART OF REPORTER'S HEADNOTE.]

The liability of the owner or occupant of land which has lain
unenclosed, on enclosing or depasturing the same, to pay for the
one-half of a partition fence, under the Rev. Sts., c. 19, § 12
(R. L., c. 33, § 12), attaches immediately upon such enclosing or
depasturing.

The right of an owner, who has erected a partition fence, to
recover the value of one-half thereof against the owner of ad-
joining land is complete by the commencement of proceedings to
have the value of such half ascertained by fence viewers, and
cannot be defeated by a sale of the land, and a notice by the
purchaser, that he does not intend to occupy or improve or
enclose it, subsequent to the application to the fence viewers,
and notice of such application by them to the original owner,
though previous to any further proceedings by them.

Prescriptive Obligation to maintain Fence.

BINNEY v. THE PROPRIETORS OF THE COMMON AND UNDIVIDED
LANDS IN HULL.

5 Pick. 503.

Evidence that the plaintiff and his ancestors had for fifty-six
years maintained a partition fence between his land and that of
the defendants; that fifty-six years ago the fence was an old one,
and that at that time the plaintiffs ancestor, being owner of the
land, said it had always been maintained by himself and his
ancestors, was held sufficient to support a plea of a prescriptive
obligation on the plaintiff to maintain it.

A prescriptive obligation on the owner of land to maintain a
partition fence is not destroyed by his becoming a tenant in
common of the adjoining land.

151

Liability of Owner in Trespass for Escaping Cattle.
THAYER v. ARNOLD.

4 Met. 589.

Where a party is not bound by prescription, agreement or
assignment of fence viewers to maintain a fence between his land
and that of an adjoining owner he may sustain an action of
trespass quare clausum fregit against the adjoining owner whose
cattle escape into his land. The common law on this point is not
altered by the statutes of this Commonwealth.

Liability of Owner of Cattle straying from Highway on Unfenced

Land.

HARTFORD v. BRADY.

114 Mass. 466.

When cattle properly driven upon the highway escape upon
unfenced adjoining land their owner is not liable therefor if he
makes reasonable effort to remove them and to prevent damage.

Right of Landowner to place Fence on Adjoining Land.
NEWELL v. HILL.

2 Met. 180.

An occupant of land, who is bound to maintain a fence be-
tween his own and an adjoining enclosure, may place half of a
fence, of reasonable dimensions, on the land of the adjoining
owner. And he may cut half of a ditch on the land of such
owner when a ditch is proper for a partition fence.

Suitable Fence for Railroad. Liability of Company for Sheep
straying on Track.

EAMES v. SALEM & LOWELL R.R. Co.
98 Mass. 560.

The "suitable" fences which a railroad corporation is required
by the Gen. Sts., c. 63, § 43 (St. 1846, c. 271), to erect and
maintain on both sides of the railroad need not of necessity be
such fences as are required to be maintained by owners of ad-
joining improved lands, and described in the Gen. £>ts., c. 25, § 1
(R. L., c. 33, § 1), as "legal and sufficient."

If the owner of sheep suffers them to be unlawfully on land
from which they stray through an unsuitable fence to the track

152

of an adjoining railroad where they are killed by a passenger
train, the railroad corporation is not liable in damages, although
the fence was one which it was bouild to make and maintain
suitably.

If the owner of sheep negligently suffers them to stray on a
railroad where they are killed by a passing train, the railroad
corporation is not liable in damages.

Recovery for Partition Fence. Meaning of Water Fenee.

LAMB v. HICKS.

11 Met. 496.

In an action on the Rev. Sts., c. 19, § 6 (R. L., c. 33, § 6), to
recover double the value of a partition fence erected by the
plaintiff, after the defendant's refusal to erect it, it is necessary
to prove that the fence viewers gave the defendant notice of
their meeting before they adjudged the fence sufficient and ap-
praised the value thereof. But as such adjudication and ap-
praisement are one transaction, and are to be made at the same
time, it is not necessary that the fence viewers should give the
defendant a separate and distinct notice of the two purposes of
their meeting.

When a plaintiff, who has erected a fence which the defendant
has refused to erect, demands of the defendant double the sum
ascertained and certified by the fence viewers as the value of
such fence, and also demands the fence viewers' fees, which are
not legally taxed, the demand for each item is in its nature
several, and the demand for the fees does not render void the
demand for the other sum.

A partition fence on land that is covered, a part of the year,
with the waters of an artificial mill pond, but is occupied and
used as pasture or mowing land during another part of the year,
is not a water fence within the meaning of the Rev. Sts., c. 19,
§§ 9, 14.

Authority of Fence Viewers to assign Portions of Fence.

SEAKS v. INHABITANTS OF CHARLEMONT.

6 Allen, 437.

Under a complaint that a fence is out of repair, fence viewers
have no authority to assign to each of the owners of adjoining
land his respective share of the fence, and to direct the building
thereof within a specified time.

153

No action lies to recover upon an award of fence viewers, under
Gen. Sts., c. 25, §§ 3, 4, unless they have previously adjudicated
that the existing fence was insufficient and illegal, and that the
fence which the plaintiff has rebuilt is sufficient.

Enforcement of Award of Fence Viewers.
KENNEDY v. OWEN.

134 Mass. 226.

The remedy provided by the Gen. Sts., c. 25, § 4, for enforcing
payment of an award of fence viewers is applicable only to a case
where the duty of maintaining the fence is required by the stat-
ute, and does not apply to a case where such duty arises from the
acceptance of a deed containing a condition to maintain it.

Fence Line to be adjudicated by Fence Viewers.
KENNEDY v. OWEN.

131 Mass. 431.
[PART OF REPORTER'S HEADNOTE.]

An action on the Gen. Sts., c. 25, § 4 (R. L., c. 33, § 4), to
recover double the value of a partition fence, rebuilt by the
plaintiff, and double the amount of the fees of the fence viewers
for their services in relation thereto, cannot be maintained unless
the fence is built upon the line which divides the premises of the
parties, if this is known and undisputed; and in the absence of
any adjudication by the fence viewers, under the St. of 1863,
c. 190, designating the line on which the fence should be built,
the line adopted by the plaintiff is not conclusively binding upon
the defendant.

Validity of Partial Assignment of Fence Line by Fence Viewers.

ALGER v. POOL.
11 Cush. 450.

An assignment by fence viewers under Rev. Sts., c. 19, § 5
(R. L., c. 33, § 5), of only a part of a continuous line of partition
fence is not for that reason invalid, neither party at the time
requesting that the whole line be divided.

After such assignment duly made, the obligations of the parties
are fixed to maintain the fence accordingly, and cannot be
changed, without consent, by a subsequent view and division by
the fence owners of the whole continuous line of partition fence.

154

Requirement of Notice by Fence Viewers. Liability of Owners of

Common Field.

SCOTT v. DICKINSON.
14 Pick. 276.

When in pursuance of the provisions of St. 1785, c. 52 (R. L.,
c. 33), regulating the erection of fences, the plaintiff had, in
consequence of the neglect of the defendant, erected the portion
of the fence between their lands which was assigned to the
defendant by the fence viewers, and the fence viewers afterwards,
upon the application of the plaintiff, but without notice to the
defendant, appraised the value of this portion and ascertained the
amount of their fees, it was held, in an action brought by the
plaintiff under the statute to recover double the value of such
valuation, that such appraisement was void as against the de-
fendant, although the statute does not, expressly, require notice
thereof to be given to the defendant.

It seems that land which has lain in a common field de facto
for a series of years cannot be excluded therefrom merely by an
allotment made in pursuance of a vote .of the proprietors of the
general field.

It seems, also, that under St. 1785, c. 52 (R. L., c. 33), the
proprietors of a common field, in their corporate capacity, or as
tenants in common and not the individual proprietors holding
portions of the common field in severalty, are liable, so far as
regards the owner of lands adjoining the common field, to the
duty of maintaining the partition fence between such portions of
the common field and such adjoining land.

Private Nuisance. " Adjoining Property." Statute. Action.

SPAULDING v. SMITH.

162 Mass. 543.

The owner of land on one side extending to the center of a
highway cannot, under St. 1887, c. 348, maintain an action
against an owner of land on the opposite side and extending to
the center of the same highway for maliciously maintaining, on
the line of the highway, opposite the plaintiff's land, a fence
unnecessarily exceeding 6 feet in height for the purpose of annoy-
ing the plaintiff.

155

5. FIELD DRIVERS AND POUND KEEPERS.

Right of Field Driver to take Oxen going at Large.

DEAN v. LINDSEY.

16 Gray, 265.

A field driver who takes oxen going at large in a public high-
way without a keeper, with the intention of driving them to the
town pound, and, before driving them to the pound, drives them
into his own yard, goes a third of a mile to find the owner, and
having found him says to him, "I have taken two of your oxen
and put them in my yard, and if you don't come after them I
shall drive them to the pound," is not liable to the owner for a
conversion of the cattle.

Right of Field Driver. Liability of Owner depasturing Adjacent

Highway.

PAKKER v. JONES.

1 Allen, 270.

The act of a field driver is not necessarily unlawful, although
in taking an animal to the pound he drives it first upon the
owner's premises.

The owner of land adjoining a highway, and who owns to the
center thereof, may depasture his land in the highway, but he is
bound, like all other persons, to prevent his cattle from going at
large therein without being under the care of a keeper.

Authority of Field Driver. Requirements of Notice.
PHILLIPS v. BRISTOL.

131 Mass. 426.

A field driver cannot at the same time distrain and impound
cattle for both causes prescribed by the Gen. Sts., c. 25 (R. L.,
c. 33), — for going at large in the highway without a keeper, and
for doing damage on private lands.

If one cause of the impounding of cattle by a field driver is the
damage done by them to the land of A, a notice by the field
driver to the owner of the cattle, describing them and stating
that they were impounded "for being at large out of enclosure
in the highway, said cattle delivered to me in said highway by
the agent of A," and that the damage to A, together with the

156

fees of the field driver and pound keeper, amounted to a certain
sum, is not a sufficient notice under the Gen. Sts., c. 25, § 29
(R. L., c. 33, § 31).

WILD v. SKINNER.
23 Pick. 251.

Under Rev. Sts., c. 19, § 22 (R. L., c. 33, § 22), requiring field
drivers to take up and impound at any time cattle going at large
in the highway without a keeper, a field driver is authorized to
impound cattle so going at large on Sunday, the action of debt
to which the owner is subjected by the statute in such case being
merely a cumulative remedy.

The field driver in such case is not bound, under Rev. Sts., c.
113, § 6 (R. L., c. 33, § 29), to leave with the pound keeper a
memorandum stating the cause of impounding and the damages
demanded, this being requisite only where cattle are impounded
damage feasant.

If the owner of the cattle replevy them within twenty-four
hours after they have been impounded he cannot afterwards
object that no notice of such impounding was given him in con-
formity with the provision of Rev. Sts., c. 113, § 8 (R. L., c. 33,
§31).

COFFIN v. VINCENT.

12 Gush. 98.
[PART OP REPORTER'S HEADNOTE.]

To prove the contents of a notice posted up by a field driver
who had distrained sheep for running at large, a witness who
read it may testify to its contents, the notice being lost, and may
refresh his recollection by referring to a proper form of such a
notice, which, although not made by himself, he had compared
with the notice posted up and found to correspond.

In an action against a field driver who had impounded sheep
for running at large contrary to law, an instruction to the jury
that if they were satisfied that the notice of -the impounding was
posted up within twenty-four hours in some public place by the
defendant, containing a description of the sheep and a statement
of the time, place and cause of impounding, they might find a
verdict for the defendant, sufficiently imports that the burden of
proof is upon the defendant to show that the notice posted up
contained a statement of some particular specific cause known to
the law for which the beasts were taken up, especially if more

157

specific instructions on this point are not requested by the
plaintiff at the trial.

A field driver who lawfully impounds sheep running at large
contrary to law, and duly posts a notice thereof, is not liable to
the owner of the beasts as a trespasser ab initio, although he fails
either to restore the sheep or sell them according to law, through
the default of the pound keeper or other person, or from the
insufficiency of the pound, the animals being lawfully in the
pound keeper's custody.

BRUCE v. HOLDEN.

21 Pick. 187.

[PART or REPORTER'S HEADNOTE.]

When a field driver impounds beasts for being at large in the
highway it is his duty to leave with the pound keeper a memo-
randum or certificate of the cause of impounding and of his fees
or expenses, and such certificate is an official act, and in an
action of trespass against him for taking the beasts is prima facie
evidence in his favor of the facts stated in it.

CLEVERLY v. TOWLE.

3 Allen, 39.

A written notice, posted up and published in a newspaper by a
field driver who has impounded beasts going at large in a public
highway, which states that the beasts were "going at large, and
without a helper," sets forth a sufficient cause of impounding
under Rev. Sts., c. 113, § 9 (R. L., c. 33, § 32).

SANDERSON v. LAWRENCE.

2 Gray, 178.

A notice in writing, given by a field driver to the owner of
beasts impounded for going at large in the highway, which states
that the beasts "were running at large, and were trespassing
upon the premises of other individuals," does not state a suffi-
cient cause of impounding, as required by Rev. Sts., c? 113, § 8
(R. L., c. 33, § 31).

158

Requirements of Notice from Field Driver to Owner of Beasts
impounded. Meaning of Highway.

PICKARD v. HOWE.

12 Met. 198.

The notice which a person who impounds beasts is required by
Rev. Sts., c. 113, § 8, to give to the owner of them within
twenty-four hours need not state the hour of the day when they
were impounded. And proof that notice was left in the hands of
one of the owner's family, at his dwelling house, is sufficient to
authorize a jury to find that it was left at his place of abode.

A field driver who impounds beasts for going at large on a
public highway is not bound by Rev. Sts., c. 113, § 6 (R. L.,
c. 33, § 29), to leave with the pound keeper a memorandum
stating the cause of the impounding and the sum that he de-
mands from the owner.

It is no objection to the notice required by Rev. Sts., c. 113,
§ 8 (R. L., c. 33, § 31), to be given by a field driver to the owner
of impounded cattle, that the field driver's name is signed by
another person, if it be done at the field driver's request.

In an action of replevin brought against a field driver by the
owner of the cattle impounded by him for going at large, the
defendant may show in evidence not only that he gave the
plaintiff the notice required by Rev. Sts., c. 113, § 8 (R. L., c.
33, § 29), but also that he posted notices according to the provi-
sions of section 9. But the plaintiff cannot give evidence that the
cattle were not suitably provided for or were ill treated in the
pound.

A notice given by a field driver to the owner of cattle, that
they are impounded for going at large on the public highway, is
prima facie evidence that they were so at large, and puts on the
owner the burden of proving the contrary.

A turnpike is a public highway within the meaning of Rev.
Sts., c. 19, § 22, which require field drivers to take up and im-
pound cattle going at large in the public highways.

Requirements of Notice by Field Driver to Pound Keeper.
SHERMAN v. BRAMAN.

13 Met. 407.

B took up beasts doing damage on his land, and impounded
them in his own enclosure for several hours, and then drove them
toward the town pound, and delivered them, in the highway near

159

the pound, to the pound keeper (who was also* a field driver) as
cattle taken doing damage, but did not leave with the pound
keeper a written memorandum, as required by the Rev. Sts., c.
113, § 6 (R. L., c. 33, § 29), stating the cause of impounding and
the sum that he demanded for the damage done. The pound
keeper put the beasts into the pound and gave the owner the
notice required to be given by field drivers when they impound
beasts taken up for going at large contrary to law. Held, that B
became a trespasser ab initio by failing to leave with tbe pound
keeper the written memorandum required by law, and was an-
swerable to the owner of the beasts in an action of trespass for
taking, driving away and detaining them.

Requirements of Written Notice by Distrainer.
NEWHOUSE v. HATCH.

126 Mass. 364.

A person distraining cattle doing damage on his land im-
pounded them in the town pound and handed the keeper the
following written memorandum, with his name and a date upon
the paper: "Two dollars for damages and three dollars and fifty
cents for fees." Held, that the memorandum was defective in
not stating the cause of impounding, as required by Gen. Sts.,
c. 25, § 27 (R. L., c. 33, § 29), and that such person was a tres-
passer ab initio.

Waiver of Notice of Impounding. Action of Replevin, when com-
menced.

FIELD v. JACOBS.
12 Met. 118.

When the owner of cattle that are impounded by a field driver
for going at large contrary to law commences an action of re-
plevin against the field driver within twenty-four hours after they
are impounded, he waives the notice which the Rev. Sts., c. 113;
§ 8 (R. L., c. 33, § 31), require the field driver to give him, and
cannot rely, in support of his action, on the want of such notice.

If a writ to replevy impounded cattle is filled up within
twenty-four hours after they are impounded, with the intent of
the plaintiff, at all events, to have it served, whether the defe'nd-
ant shall give him notice of the impounding within twenty-four
hours or not, the action of replevin is commenced when the writ

160

is filled up, although it is not served, nor given to an officer for
service, and no replevin bond is executed, until after the expira-
tion of twenty-four hours from the time of the impounding.

Liability of Person distraining Cattle.

MERRICK v, WORK.

10 Allen, 544-

If beasts doing damage are distrained, and driven to the dis-
trainer's yard till the pound keeper can be called, and then
delivered to the latter in the highway, it is the duty of the dis-
trainer to state his demand, and to give notices as required in
Gen. Sts., c. 25, §§ 27, 29, 30 (R. L., c. 33, §§ 29, 31, 32), and if
he omits to do so he will be liable as a trespasser ab initio.

Liability of Pound Keeper to Owner of Beasts impounded.

FOLGER V. HlNCKLEY.

5 Cushing, 263.

A pound keeper who receives and impounds beasts for going at
large, and refuses to deliver them to the owner on demand, unless
his fees and those of the field driver are paid, is not liable there-
for in an action of replevin.

Action of Replevin for Beasts distrained. Notice. Rights of
Owner of Beasts impounded.

COFFIN v. FIELD.
7 Cushing, 355.

The action of replevin given by the Rev. Sts., c. 113, § 17, to
one whose beasts are unlawfully distrained or impounded does
not exclude all other remedies at common law; trespass will still
lie. '

Actual knowledge by the owner of beasts impounded of the
impounding thereof is not equivalent to the written notice
required by the Rev. Sts., c. 113, § 8 (R. L., c. 33, § 31).

The owner of beasts impounded does not waive the right to
maintain trespass against the field driver by whom the beasts
were taken and impounded, on the ground of irregularities or
omissions in their proceedings, by paying the fees of the field
driver and pound keeper; nor by declaring to a third person,
after the commencement of the action, that he should require the
defendants to prove that the place where they took the beasts
was a public highway.

161

Impounding Cattle.

CONNERS V. LOKER.

134 Mass. 510.

The mere driving cows off a person's land into the highway,
and detaining them there until the owner comes and takes them
away, and then demanding a sum of money as damages, is not,
as matter of law, an impounding of the cows.

Cattle, when under Control of Keeper. Meaning of Keeper.

BRUCE v. WHITE.

4 Gray, 345.

Cattle in a highway, not actually under the efficient control of
a keeper, are "going at large in the highways, and not under the
care of a keeper," within the meaning of the Rev. Sts., c. 19,
§ 22 (R. L., c. 33, § 22), and may be taken up and impounded by
a field driver, although they have been entrusted by their owner
to a servant, with other cattle, and have only left the drove a
mile before reaching the pasture, and^urned into a different road,
also leading to the pasture, over which they have sometimes been
driven, and there remain feeding, and the servant returns in less
than an hour to the place where he lost them.

A person who finds cattle at large in the highway not under
the care of a keeper, and drives them along the highway until he
finds a field driver, is not a keeper within the meaning of Rev.
Sts., c. 19, § 22 (R. L., c. 33, § 22), and the field driver may
lawfully receive and impound them.

Pound Breach.

COMMONWEALTH v. BEALE.

5 Pick. 514^

Upon an indictment for pound breach the illegality of the
distress cannot be shown in the defence.

The penalties of St. 1788, c. 65, § 6 (R. L., c. 33, § 38), for
pound breach, or otherwise delivering creatures from a pound,
are extended to cases of creatures impounded for going at large
contrary to St. 1799, c. 61.

162

Town Pound, when established.

ANTHONY v. ANTHONY.

6 Allen, 408.

A pound keeper may lawfully impound beasts which have been
distrained damage feasant in a yard furnished and used by the
town as a town pound, if the town has furnished and used no
other place as a pound, although the inhabitants of the town
have passed no vote concerning the same, and taken no action
at any town meeting for the purpose of establishing it as a
pound.

Validity of Sale at Auction of Impounded Beasts.

SMITH v. GATES.
21 Pick. 55.

Under the Rev. Sts., c. 113, §§ 11, 12 (R. L., c. 33, §§ 34, 35),
providing that where appraisers are appointed to determine the
amount due from the owner of an impounded beast for damages,
etc., and the sum found by them to be due is not forthwith paid,
the person impounding may cause the beast to be sold by auction,
first advertising the sale by posting up a notice thereof twenty-
four hours beforehand, it was held that where a beast impounded
by a field driver was sold twenty minutes before the expiration of
twenty-four hours from the time when the appraisement was
completed the sale was invalid, and the field driver a trespasser
ab initio, although more than twenty-four hours had elapsed
from the time of posting up the advertisement; and that it was
immaterial, in such case, whether any actual injury had been
sustained by the owner of the beast in consequence of this
neglect of duty on the part of the field driver or not.

The statute intends that the owner of the beast impounded
shall have an opportunity to pay the appraised damages and
charges before the posting up of an advertisement for the sale of
the beast.

6. OWNERSHIP OF MANURE.

Ownership of Manure by Tenant.

NASON v. TOBEY.

182 Mass. 314.

Although manure made in the ordinary course of husbandry
belongs to the landlord of a leased farm, and perhaps under some
circumstances may belong to him even if made from hay fur-

sale 01

. 163

nished by the tenant, yet, when animals are collected on a farm
to a greater number than it is capable of supporting, and are fed
there upon purchased food for the purpose of carrying on the
milk business, the tenant has a right to some ascertainable
proportion of the manure.

FLETCHER v. HERRING.

112 Mass. 382.

Manure so made or held as to be the personal property of an
outgoing tenant does not necessarily become real estate by being
left upon the premises after the expiration of the tenancy.

Title to Manure on Leased Farm.
DANIELS v. POND.
21 Pickering, 367.

"The court are of opinion that manure made on a farm, occu-
pied by a tenant at will or for years in the ordinary course of
husbandry, consisting of the collections from the stable and
barn yard, or of composts formed by an admixture of these with
soil or other substances, is,>by usage, practice and general under-
standing, so attached to, and connected with, the realty that in
the absence of any express stipulation on the subject an outgoing
tenant has no right to recover the manure thus collected or sell
it to be removed, and that such removal is a tort for which the
landlord may have redress; and such sale will vest no property
on the vendee.

"The rule here adopted will not be considered as applying to
manure made in a livery stable, or in any manner not connected
with agriculture or in a course of husbandry." l

7. FARM LABOR.

Workmen's Compensation Act, Farmer. Words "Driver,"
"Helper," "Farm Laborers."

PATRICK KEANEY'S CASE.

217 Mass. 5.

A farmer carrying on a market garden may procure insurance
under the workmen's compensation act covering his "drivers and
helpers" employed in the distribution of the produce of the farm

i See also Lassell v. Reed, 6 Greenleaf (Me.), 222; Needham v. Allison, 24 New Hampshire, 355;
Sawyer u.Twiss, 26 New Hampshire, 345; Fay v. Muzzey, 13 Gray, 53; Strong D.Doyle, 110 Mass.
92; Collier v. Jenks, 19 R. I. 137.

164

without insuring his other employees who are merely "farm
laborers," and this is so whether or not such "drivers and
helpers" are "farm laborers," which here was not decided.

An employee on a farm carried on as a market garden, who
does the ordinary work of one hired by a farmer to aid in the
common incidents of agricultural employment, is neither a
"driver" nor a "helper" within the meaning of a policy of em-
ployers' liability insurance covering "drivers and helpers" em-
ployed in the distribution of the produce of the farm, although
occasionally he has driven a team as part of his farm work and in
a general sense has helped about the farm.

The provision of the workmen's compensation act, contained
in Acts of 1911, c. 751, Part I, § 2, that the provisions of section
1, taking away certain defences in an action for personal injuries
by an employer, shall not apply to actions by farm laborers,
includes the farm laborers of all farmers so far as concerns
farming operations, whether the farmers carry on other business
or not.

Negligence, Employers' Liability. Words "Farm Laborer," "Em-
ployer Himself."

ROWLEY v. ELLIS.

197 Mass. 391.

Under § 79 of R. L., c. 106 (Acts of 1911, c. 751), which pro-
vides that " the provisions of the eight preceding sections shall
not apply to injuries caused to domestic servants or farm laborers
by fellow employees," a foreman in charge of one of four farms
belonging to the same owner, under the direction of a superin-
tendent who visits each farm once a day, such foreman receiving
a salary of $35 a month, and having sixteen or eighteen men
under him, is a farm laborer within the meaning of the statute,
and, if he is killed without conscious suffering by the violent
breaking of the sprocket chain of a cutting machine when he is
showing the workmen how to feed corn stalks into the machine,
his widow cannot recover from his employer for his death under
the provisions of section 73 of the same chapter, although she
shows that the accident was caused by the sprocket around which
the chain passed having become worn by use, that the duty of
inspecting and caring for the safety of the cutting machine was
entrusted to the superintendent, and that the superintendent was
negligent in not discovering the defect and causing the necessary
repairs to be made.

165

"The negligence of an employer himself," for which he is liable
under R. L., c. 106, § 73 (Acts of 1911, c. 751), if it results in the
instant death or death without conscious suffering of an em-
ployee, does not include the negligence of one to whom the em-
ployer has delegated the duty of maintaining machinery in a safe
condition, for which, among other things, the employer is made
liable by the succeeding words of the same section.

Employer's Liability for Injury to Farm Hand. Assumption of

Risk.

SMITH V. LINCOLN.

198 Mass. 388.

At the trial of an action of tort against a farmer by one em-
ployed by him as a farm hand, who sought recovery for personal
injuries received by him by falling into a silo in the defendant's
barn, it appeared that the plaintiff was employed at about noon,
and, at once after his employment, and before he had inspected
the premises, was directed to go to defendant's barn and clean
certain stalls which were at the left of the door; that he opened
the door to the barn and entered and closed the door behind him
because he thought that the defendant wanted it kept so; that
the barn was then as dark as on a dark night, and, in proceeding
to the stalls which he was to clean, he fell into the silo, which
was directly in his path; that the opening to the silo was about
3 feet wide and, if he had left the door open, he would have been
able to see and avoid it. Held, that the plaintiff had assumed
the risk of the injury which he received.

8. CRANBERRY BOGS.
Right of Cranberry Grower to build Dam on Nonnavigable Stream.

HOWES v. GRUSH.
131 Mass. 207.

It is within the power of the Legislature to authorize such
a use of a stream which is not navigable as will wholly destroy
a public fishery.

In an action by the owner of a cranberry meadow against a
fish committee of a town for tearing away the plaintiff's dam,
built under the provisions of the St. of 1866, c. 206 (R. L., c. 196,
§ 39), across a stream not navigable, the defendant asked the
judge to rule that if the plaintiff could have constructed his dam

166

or meadow so that his use of the water would not injure a public
fishery he was bound to do it, and, if he did not, the committee
had the right to reduce the dam to the point necessary to avoid
such interference or injury. The judge declined so to rule; but
instructed the jury that it was the duty of the plaintiff to use
reasonable care, skill and prudence in building and maintaining
the dam, in the preparation, by way of grading and otherwise,
of his meadow before it was overflowed, and in raising and draw-
ing off the water, so as to do the least injury to the fishery con-
sistent with a reasonable exercise of his right to construct a dam,
giving full instructions as to the meaning of the words " reason-
able care, skill and prudence;" and that, if the plaintiff so
exercised his right, and drew off the water at a proper time and
only in a manner necessary for the cultivation of cranberries, the
plaintiff was not responsible for injury to the fishery by reason of
the spawn of the fish being deposited in shallow water on the
meadow and injured by the drawing off of the water; and that,
upon such a state of facts, the defendant had no right to remove
the dam. Held, that the defendant had no ground of exception.

In an action by the owner of a cranberry meadow against a
fish committee of a town for tearing away the plaintiff's dam,
built under the provisions of St. of 1866, c. 206 (R. L., c. 196,
§ 39), across a stream not navigable, the defendant requested the
judge to rule that if the dam was built, without permission of the
town, on land of the town, or under the bridge, the defendant
had the right to remove it. The judge declined so to rule, but
instructed the jury that the plaintiff had no right to build his
dam in the highway with or without the consent of the town, nor
to build it on land of the town without the consent of the town;
and that, if it was so built, the defendant had the right to remove
it. Held, that the defendant had no ground of exception.

In an action by the owner of a cranberry bog for the removal
of his dam, the jury were instructed not to regard the injury
caused by frost and insects, after the date of the writ, as distinct
and independent grounds of damage, but that the true measure
of, damages was the diminution in value of the land for cranberry
culture caused by the act of the defendant. Held, that the
defendant had no ground of exception.

167

Right to flow Cranberry Bog.

HlNGKLEY V. NlCKERSON.

117 Mass. 213.

Neither the provision of the Gen. Sts., c. 149, § 2 (R. L., c.
196, § 2), that no mill dam shall be erected to the injury of any
mill lawfully existing on the same stream, nor the fact of any
right acquired for an ancient mill by prescription, prevents the
erection, above an existing mill, of a dam, under the St. of 1866,
c. 206 (R. L., c. 196, § 39), for the purpose of flowing land appro-
priated to the cultivation of the cranberry, reasonably adapted
to the character of the stream, although its effect may be to
modify or disturb somewhat the regularity of the flow of the
current.

Under the St. of 1866, c. 206 (R. L., c. 196, § 39), authorizing
the maintaining a dam upon an unnavigable stream for the
purpose of flowing a cranberry meadow, a person who withdraws
for such purpose, and for a reasonable time, the water of a
stream by means of a dam is not, if his meadow is not too large
to be flowed by the stream, liable to the owner of a similar
meadow below upon the same stream who is thereby deprived of
sufficient water to flow it for several days during the time when
it is equally necessary for each.

Gathering Cranberries on Lord's Day.

COMMONWEALTH v. THIE.

190 Mass. 578.

Gathering cranberries on the Lord's day, when there is an
unusually large crop but no sudden and unexpected emergency,
is not a work of necessity within the meaning of St. 1904, c. 460,
§2. .

9. MISCELLANEOUS.

Adverse Possession of Right of Way.

BALL v. ALLEN.

216 Mass. 469.

[PART OP REPORTER'S HEADNOTE.]

The owner of a farm, through which the owner of an adjoining
farm has a defined right of way, not only may fence the sides of
the way, but also may erect and maintain at his own expense
such gates or bars across the ends of the way as are reasonably

168

necessary for his own protection in the pasturage of cattle or
other proper use and enjoyment of his own property.

Where a farm is crossed by a defined right of way belonging to
the owner of the adjoining farm, it is a matter of common knowl-
edge that bars maintained at the ends of the way by the owner
of the servient farm make the use of the way by the owner of the
dominant farm more onerous than the maintenance of a gate at
each end, and, if the owner of the servient farm removes a gate
at one end of the way and substitutes a barway which he has not
maintained adversely for twenty years, he can be compelled by a
suit in equity brought by the owner of the dominant farm to
remove the bars and restore the gate.

The owner of a farm, crossed by a right of way, by maintain-
ing bars across the end of such way for more than twenty years
consecutively 'can acquire a prescriptive right to maintain a bar-
way there instead of a gate.

The owner of a right of way as appurtenant to a certain
parcel of land belonging to him has no right to use the right of
way for the purpose of access to other land belonging to him,
although such other land abuts on the dominant estate.

Keeping Swine within Town Limits,
COMMONWEALTH v. RAWSON.

183 Mass. 491.

A by-law of a town, adopted when the town had a board of
health having jurisdiction of offensive trades and employment
under R. L., c. 75, § 1, providing that no person should keep
within the limits of the town more than five swine, exclusive of
the offspring of the five less than four months old, is invalid as
against a person engaged in the business of keeping swine in that
town.

Rights of Officers of Agricultural Societies.
COMMONWEALTH v. RUGGLES.

6 Allen, 588.

The officers of an agricultural society have no authority to
define and fix bounds, for other purposes than those specially
enumerated in the statute, within which no person shall be per-
mitted to enter or pass unless in conformity with their regula-
tions.

The officers of an agricultural society, who have unlawfully
fixed and defined bounds for the purpose of exhibiting horses in a

in that

169

public highway, have no right to obstruct public travel thereon,
although there is sufficient room for public travel on the other
parts of the highway; and they may be convicted of assault and
battery, if without legal process they have arrested a person
within such bounds who, when directed to fall back, refused to
do so, and without malice or unlawful intent struck the horse of a
marshal of the society, although he was wilfully and maliciously
in the highway for the purpose of obstructing the exhibition of
horses there.

Form of Complaint for Case of Trespass.

COMMONWEALTH v. DOUGHERTY.

6 Gray, 349.

[PART OP REPORTER'S HEADNOTE.]

A complaint on St. 1855, c. 457 (R. L., c. 208, § 105), for the
malicious destruction of a tree, shrub or vine on the land of
another must aver an unlawful entry by the defendant on the
land.

List of Officers enforcing Agricultural Laws of Massachusetts.

NAME OF DEPARTMENT.

Executive Officer.

Jurisdiction.

State Board of Agriculture, .

State Board of Agriculture,
jointly with Department of
Health.

Agricultural Experiment Sta-
tion.

Board of Commissioners on
Fisheries and Game.

Department of Weights and
Measures.

Department of Health, .
State Forester,

Department of Animal In-
dustry.

Wilfrid Wheeler, Secretary.
Office, 136 State House,
Boston .

H. T. Fernald, State Nursery
Inspector. Office, Am-
herst.

B. N. Gates, Inspector of
Apiaries. Office, Amherst.

William P. Brooks, Director.
Office, Amherst.

George H. Graham, Chair-
man. Office, 319 State
House, Boston.

Thure Hanson, Commis-
sioner. Office, 194 State
House, Boston.

Allan J. McLaughlin, Com-
missioner. Office, 312 State
House, Boston.

F. W. Rane, Forester. Office,
408 State House, Boston.

L. H. Howard, Commis-
sioner. Office, 138 State
House, Boston.

Bounty to agricultural societies

(see page 13).
Bounty to poultry societies

(see page 21).
Premiums to children and

youths (see page 22).
Special exhibitions (see page 23).
Public market act (see page 101).
Apple grading law (see page 116).
Nursery inspection (see page

Blister rust inspection (see

page 24).
Inspection of apiaries (see page

29).
Reclamation of wet lands (see

page 81).

Inspection of commercial fertil-
izers (see page 32).

Inspection of commercial feed-
stuffs (see page 39).

Game laws (see pages 86, 98, 99,
and also "Fish and Game
Laws").

Weights and measures of farm
produce (see page 101, and
also "Weights and Measure
Laws").

Sale of meat and provisions
(see page 111, and also "Laws
relating to Public Health").

Forestry laws and suppression
of brown-tail and gypsy
moths (see page 137, and also
' ' Forestry Laws " ) .

Suppression of contagious
diseases in animals (see
"Laws relating to Contagious
Diseases in Animals").

INDICES

INDEX OF STATUTES.

REVISED LAWS.

Chapter 33:

Sections 1, 2, 3,
Sections 4, 5, 6,
Sections 7, 8, 9,
Sections 10, 11, 12,
Sections 13, 14,
Sections 15, 16, 17, 18,
Sections 19, 20, 21, 22,
Sections 23, 24, 25,
Sections 26, 27, 28, 29,
Sections 30, 31, 32,
Sections 33, 34, 35,
Sections 36, 37, 38, 39,
Section 40,

Chapter 56:
Section 70,
Section 71,

Chapter 57:
Sections 1, 2,
Sections 21, 22,
Sections 23, 24,
Sections 25, 26, 27,
Sections 28, 29, 30, 35,
Sections 36, 37, 38, 39,
Sections 60, 65, 66,
Section 67,
Section 68, .

Chapter 62:
Section 3,
Sections 4, 5,

Chapter 75:
Section 105, .

Chapter 76:
Sections 72, 73,
Sections 74, ,75, 76,

Chapter 89 :
Sections 1,2,
Sections 3, 4, 6, 7, .
Sections 8, 9, 10, .
Sections 11, 12,
Section 13,

Chapter 92:
Section 18,

Chapter 102:
Section 146, .

REVISED LAWS — Con.

PAGE

Chapter 102 — Con.

PAGE

. 121

Sections 147, 148, 149, 150,

. 90

. 122

Section 151, .

. 91

. 123

Sections 152, 153, .

. 92

. 124

Sections 154, 155, .

. 93

. 125

Sections 156, 157, 158, 159,

. 94

. 126

Sections 160, 161, 162, .

. 95

. 127

Sections 163, 164, .

. 96

. 128

Sections 165, 166, .

. 97

. 129

Section 167, .

. 136

. 130

Chapter 124:

. 131

Section 1,

. 13

132

Section 2, ...

. 133

Sections 3, 4, 5, 6, .

. 15

Sections 7, 8, 9, 10,

. 16

. Ill

Sections 11, 12, 13, 14, .

. 17

. 113

Sections 15, 16, 17, 18, 19,

. 18

Sections 20, 21, 22,

. 19

. 103

Section 23, .

. 20

. 104

Chapter 195:

. 105

Sections 1, 2, 3,

'. 75

. 106

Sections 4, 5, 6, 7, .

. 76

. 107

Sections 8, 9, 10, 11, 12, .

. 77

. 108

Sections 13, 14, 15, 16, .

. 78

. 109

Sections 17, 18, 19,

. 79

. 110

Sections 20, 21, 22, 23, 24,

. 80

. Ill

Section 25,

. 81

Chapter 196:

. 101

Sections 39, 40, 41,

. 84

. 102

Sections 63, 64,

. 103

Chapter 208:

. 115

Sections 91, 98,

. 133

Sections 99, 100, 105,

. 134

. 113

Sections 106, 107, 111, 121,

. 135

. 114

ACTS OF 1902.

Chapter 115, .

. 101

. 10

Chapter 116:

. 11

Section 4, ...

Chapter 226,

. 97

. 13

Chapter 312:

Section 2, ...

. 115

. 88

Chapter 544:

Section 30,

. 134

. 89

Section 33, .

. 135

174

ACTS OP 1903.

ACTS OP 1911.

PAGE

Chapter 118:

PAGE

Chapter 100,

. 91

Sections 1, 2, 3,

. 98

Chapter 220:

Sections 4, 5,

. 99

Section 2,

. 115

Chapter 173,

. 133

Chapter 407:

Chapter 186,

. 10

(^hnntpr 220*

V_/HtiJL)lt;r £i&\j .

Section 1,

. 29

ACTS OF 1904.

Sections 2, 3, 4,

Chapter 127,

. 97

Sections 5, 6,

. 31

Chapter 142,

. 93

Sections 7, 8, 9, 10,

. 32

Chapter 283,

. 91

Chapter 380:

Chapter 444:

Sections 1, 2,

. 105

Section 1,

134

Section 3, . r.

. 106

Sections 2, 3,

. 136

Chapter 388:

Section 1,

. 32

ACTS OP 1905.

Section 2,

Chapter 106,

. 92

Sections 3, 4, 5,

. 34

Chapter 155:

Sections 6, 7,

. 35

Section 10, . . .

. 10

Section 8, ...

. 36

Chapter 211,

. 11

Sections 9, 10,

. 37

Sections 11, 12,

. 38

ACTS or 1907.

Chapter 392,

. 91

Chapter 189,
Chapter 241,

. 15
. 93

Chapter 397,
Chapter 600:
Section 1,

. 101
109

Chapter 293,
Chapter 401,

. 113
. 10

Sections 2, 3,
Sections 4, 5,

. 110
. Ill

ACTS OP 1908.

Chapter 751, Part 1:
Sections 1, 2,

. 139

Chapter 245:

Sections 1, 2, 3,

. 20

Chapter 329:

ACTS OP 1912.

Section 6, .
Chapter 411:
Section 1,
Sections 2, 3,
Chapter 416:
Section 1,

. 115

. Ill
. 113

. 12

Chapter 246, .
Chapter 248:
Section 2, ...
Chapter 260,
Chapter 284,
Chapter 411:

. 104

. 115
13, 14

. 102

Section 1,

. 23

ACTS OP 1909.

Chapter 438,

. 88

Chapter 133,

. 13

Chapter 448,

. Ill

Chapter 309:

Chapter 500,

. 20

Sections 1, 2, 3, 4, .

. 99

Chapter 507:

Chapter 350,

. 104

Sections 1, 2, 3,

. 24

Chapter 428:

Sections 4, 5, 6, .

Sections 1, 2, 3,

. 21

Section 7, ...

. 26

Section 4, . .

. 22

Sections 8, 9, 10, 11,

. 27

Chapter 474,

. 115

Sections 12, 13, 14, 15, .

. 28

Sections 16, 17, 18,

. 29

ACTS OP 1910.

Chapter 527:

Chapter 297,

. 102

Sections 1, 2,

. 39

Chapter 392,

. 93

Sections 3, 4,

. 40

Chapter 427:

Sections 5, 6, 7,

Section 1,

Sections 8, 9,

. 42

175

ACTS or 1912 — Con.
Chapter 527 — Con.
Sections 10, 11, 12,
Sections 13, 14,
Section 15,

ACTS OF 1913.
Chapter 176,
Chapter 213 :
Section 1,
Section 2,
Chapter 240,
Chapter 319:

PAGE
43

44
. 45

. 102

. 15
. 16
. 13

ACTS OF 1914— Con.
Chapter 596:
Sections 1, 2,
Section 3,
Chapter 627,
Chapter 707:
Sections 1, 2, 3,
Sections 4, 5, 6,
Sections 7, 8, 9, 10,

GENERAL ACTS OF 1915.
Chapter 43,

PAGE

. 82
. 83
. Ill

. 72
. 73
. 74

. 102

Section 1,
Chapter 447:

Chapter 109:

. 138

Sections 1, 2, 3,
Sections 4, 5, 6,
Sections 7, 8, 9,
Section 10, .
Chapter 529 :

. 69
. 70
. 71

. 72

Chapter 114, .
Chapter 118:
Section 1,
Section 2, ...
Section 3,

. 69
71,72
. 70

Sections 1, 2,
Sections 3, 4, 5,
Chapter 552,
Chapter 687:
Section 1, • .
Chapter 713,
Chapter 744,
Section 1,
Chapter 759:

. 87
. 88

. 115
. 104

. 86

. 88

Chapter 119:
Sections 1, 2, 3,
Chapter 140:
Section 1,
Chapter 158,
Chapter 161,
Chapter 231:
Sections 1, 2,
Section 3, ...

. 101

. 139
. 110
. 24

. 57

Sections 1,2,
Sections 3, 4, 5, 6, .
Section 7, ...

. 81
82
83

Sections 4, 5,
Sections 6, 7, 8,
Sections 9 10,

. 59
. 60
61

ACTS OF 1914.
Chapter 120,
Chapter 209,
Chapter 239:
Section 1,

. 98
. 14

. 136

Section 11, ...
Section 13, .
Sections 14, 15,
Section 16,
Sections 17, 18,
Sections 19, 20,

. 62
.- 63
. 64
. 65
. 66
. 67

Chapter 267,
Chapter 276,
Chapter 298:
Sections 1, 2, .
Section 3,

22
. 13

. 21
22

Sections 21, 22, 23,
Chapter 239, .
Chapter 250,
Chapter 261 :
Sections 1, 2,

. 68
. 110
11

. 116

Chapter 34-0:
Sections 1, 2,
Chapter 401:
Sections 1, 2, 3, 4, .

. 137
. 100

Sections 3, 4, 5,
Sections 6, 7, 8, 9, 10,
Sections 11, 12, 13,
Sections 14, 15, 16,

. 117
. 118
. 119
. 120

Chapter 404:

. 137

Chapter 268:
Sections 1, 2, 3,

. 46

. 138

Sections 4, 5, 6,

. 47

Chapter 424,
Chapter 453,
Chapter 594:
Section 1, . . *
Section 2,

. 20
. 86

. 138
139

Sections 7, 8, 9, 10,
Sections 11, 12, 13,
Section 14, .
Section 15, .
Sections 16, 17,

. 48
. 49
. 50
. 51
. 52

176

GENERAL ACTS OF
Chapter 268 — Con.
Sections 18, 19,

1915 — Con.

PAGE

GENERAL ACTS
Chapter 46 — Con.

OF 1916 — Cow.

PAGE
11

Sections 20, 21,
Sections 22, 23, 24,
Sections 25, 26,

GENERAL ACTS
Chapter 45:
Section 1,
Chapter 46:
Section 1,

. 54
. 55
. 56

OF 1916.
. 29
12

Chapter 49:
Section 1,
Chapter 63:
Section 1,
Section 2,
Section 3,
Section 4,
Chapter 79, .<
Chapter 91,

. 116
. 117
. 118
. 119
. 101
. 24

INDEX OF CASES.

CITED BY NAME.

PAGE

Alger v. Pool, 11 Gushing, 450, 122, 153

Anthony v. Anthony, 6 Allen, 408 127, 128, 162

Ball v. Allen, 216 Mass. 469, % 167

Barrett v. Maiden & Melrose R.R., 3 Allen, 101, 89

Binney v. Hull, 5 Pickering, 503, . .... 122, 150

Blackwell v. Phinney, 126 Mass. 458 84

Boulester v. Parsons, 161 Mass. 182, 89, 145

Boylan v. Everett, 172 Mass. 453 ^89

Brewers Crosby, 11 Gray, 29, . . . . . . . 89,145

Bruce v. Holden, 21 Pickering, 187, 128, 130, 157

Bruce v. White, 4 Gray, 345 128, 161

Buddington v. Shearer, 20 Pickering, 477, 89, 145

Byron v. Crippen, 4 Gray, 312, 128

Cheney v. Holden, 16 Gray, 125 .92

Cleverly v. Towle, 3 Allen, 39, 128, 131, 157

Coffin v. Field, 7 Cushing, 355 160

Coffin v. Vincent, 12 Gushing, 98, 128,129,156

Collingill ». Haverhill, 128 Mass. 218 89

Commonwealth ». Beale, 5 Pickering, 514, 132, 161

Commonwealth v. Boyden, 183 Mass. 1, . . . . . . 148

Commonwealth v. Brooks, 9 Gray, 299, 133

Commonwealth v. Clay (decided 1916), 148

Commonwealth v. Dougherty, 6 Gray, 349, 135, 169

Commonwealth v. Dow, 10 Metcalf, 382, 97, 146

Commonwealth v. Leach, 1 Mass. 59, . . . . . . . 133

Commonwealth v. McLaughlin, 105 Mass. 460, 133

Commonwealth v, Rawson, 183 Mass. 491, ...... 168

Commonwealth v. Raymond, 97 Mass. 567 114, 147

Commonwealth v. Ruggles, 6 Allen, 588, 17, 18, 19, 168

Commonwealth v. White, 190 Mass. 578 167

Commonwealth v. Towle, 9 Gray, 304, 133

Commonwealth v. Walden, 3 Cushing, 558, ...... 133

Conners v. Loker, 134 Mass. 510, 129, 161

Coomes v. Burt, 22 Pickering, 422, . . 76

Crippen v. Byron, 4 Gray, 314, 128

Daniels v. Pond, 21 Pickering, 367, . . . . . . . 163

Day v. Dolan, 174 Mass. 524, 122

Day v. Hurlburt, 11 Metcalf, 321, 75, 79, 142

Dean v. Lindsey, 16 Gray, 264 128, 155

Eames ». Salem & Lowell R.R. Co., 98 Mass. 560 121, 151

Eaton v. Kegan, 114 Mass. 433, 106, 147

Fay v. Elliott, 154 Mass. 587 121, 125, 148

Field v. Coleman, 5 Cushing, 267, . . 132

Field ». Jacobs, 12 Metcalf, 118, . . 159

Field v. Nantucket, 1 Cushing, 11, 124, 125, 150

178

PAGE

Fletcher v. Herring, 112 Mass. 382, 163

Folger v. Hinckley, 5 Gushing, 263 128, 130, 160

Galvin v. Parker, 154 Mass. 346, 89

Hartford v. Brady, 114 Mass. 466, .... . 129,151

Hathaway v. Tinkham, 148 Mass. 85, . ' . . . .89, 145

Hemmenway v. Wood, 1 Pickering, 524, . . . . . . .114

Henry v. Thomas, 119 Mass. 583, 75

Hinckley v. Nickerson, 117 Mass. 213, . . . « . . . 84,167

Holbrook v. McBride, 4 Gray, 220 121

Howes v. Crush, 131 Mass. 207, .... 84, 165

Johnson v. Griswold, 179 Mass. 580, 143

Kennedy v. Owen, 131 Mass. 431, 122,124,153

Kennedy v. Owen, 134 Mass. 227, 121, 122, 124, 153

Lamb v. Hicks, 11 Metcalf, 496, . . . . 121, 122, 123, 126, 152

LeForest ». Tolman, 117 Mass. 109, 89

Leonard v. Doherty, 174 Mass. 570, 128

Little v. Lothrop, 5 Greenleaf (Maine), 356, . . 129, 149

McCarthy «. Guild, 12 Metcalf, 291, 89, 146

McLaughlin v. Kemp, 152 Mass. 7 89

Melody v. Reab, 4 Mass. 471 132

Merrick v. Work, 10 Allen, 544, 129, 130, 160

Mitchell v. Clapp, 12 Gushing, 278, .... .... 89

Moyle v. Drake, 141 Mass. 241 .134

Nason v. Tobey, 182 Mass. 314, 162

Nesbett v. Wilbur, 177 Mass. 200 90, 144

Newell v. Hill, 2 Metcalf, 180 121, 151

Newhouse v. Hatch, 126 Mass. 364, 129, 130, 159

O'Malley v. Meyer, 221 Mass. 198, . . . .149

Osborn v. Selectmen of Lenox, 2 Allen, 207 92, 144

Parker v. Jones, 1 Allen, 270 128, 155

Patrick Keaney's Case, 217 Mass. 5, 163

Peckham v. Holman, 11 Pickering, 484 . 114

Phillips v. Bristol, 131 Mass. 426, 128, 129, 155

Pickard v. Howe, 12 Metcalf, 198, 128, 130, 131, 158

Pressey «. Wirth, 3 Allen, 191, ... .89, 146

Prop, on Chas. v. Prop, on Neponset, 7 Pickering, 207, . .77

Raymond v, Hodgson, 161 Mass. 184, .'.... 89

Rice v. Moorhouse, 150 Mass. 482, 127

Rideout v. Knox, 148 Mass. 368 127

Rowley v. Ellis, 197 Mass. 391 164

Rust v. Low & Stanwood, 6 Mass. 90 122, 129, 148

Sanderson v. Lawrence, 2 Gray, 178, 128, 157

Scott v. Dickinson, 14 Pickering, 276, .... 121, 122, 123, 154

Searles v. Ladd, 123 Mass. 580, . 89

Sears v. Inhab. of Charlemont, 6 Allen, 437, .... 121, 122, 152

Sherman v. Braman, 13 Metcalf, 407, 129, 130, 158

Sherman v. Favor, 1 Allen, 191, .... .89, 145

Sherman v. Tobey, 3 Allen, 7, 79, 142

Smith v. Gates, 21 Pickering, 55 129, 131, 162

Smith v. Lincoln, 198 Mass. 388 165

Smith v. Morse, 148 Mass. 407, . . ' 127

Smith v. Smith, 148 Mass. 1, . 75

Spaulding v. Smith, 162 Mass. 543 127, 154

Stackpole v. Healy, 16 Mass. 33, . 129, 149

Talbot v. Hudson, 16 Gray, 417 w 75, 141

179

PAGE

Thayer v. Arnold, 4 Metcalf, 589, 121, 151

Turner v. Nye, 154 Mass. 579, 75, 84, 141

Upton v. Holden, 5 Metcalf, 360, 76

Vinton v. Vinton, 17 Mass. 342 132

White v. Lang, 128 Mass. 598, . 89

Whittemore v. Thomas, 153 Mass. 347, . . . . . . .89

Wild v. Skinner, 23 Pickering, 251, 128, 130, 156

Wright v. Leonard, 4 Gray, 150, . 76, 142

Worcester v. Ashworth, 160 Mass. 186, . . 92, 93, 96, 143

CITED BY VOLUME AND PAGE.
1 Allen, 191 89. 145

1 Allen, 270 128, 155

2 Allen, 207 * . . ... 92, 144

3 Allen, 7, 79, 142

3 Allen, 39, 128, 131, 157

3 Allen, 101, 89

3 Allen, 191, 89, 146

6 Allen, 408 127, 128, 162

6 Allen, 437, 121, 122, 152

6 Allen, 588, 17, 18, 19, 168

10 Allen, 544, 129, 130, 160

1 Gushing, 11, 124, 125, 150

3 Gushing, 558 133

5 Gushing, 263, 128, 130, 160

5 Gushing, 267, : 132

11 Gushing, 450 122, 153

12 Gushing, 98, 128, 129, 156

12 Gushing, 278, 89

2 Gray, 178, 128, 157

4 Gray, 150, 76, 142

4 Gray, 220, 121

4 Gray, 312 128

4 Gray, 314 128

4 Gray, 345, 128, 161

6 Gray, 349, 135,169-

9 Gray, 299, 133

9 Gray, 304, 133

11 Gray, 29, 89, 145

16 Gray, 125, 92

16 Gray, 264, 128, 155

16 Gray, 417, 75, 141

SGreenleaf (Maine), 356, 129,149

1 Mass. 59 133

4 Mass. 471, 132

6 Mass. 90, . . . 122, 129, 148

16 Mass. 33, 129, 149

17 Mass. 342 132

97 Mass. 567 114, 147

98 Mass. 560 121, 151

105 Mass. 460 133

112 Mass. 382, 163

114 Mass. 433, . .' . . 106, 147

114 Mass. 466, 129, 151

180

PAGE

117 Mass. 109, ' . . . .89

117 Mass. 213 84, 167

119 Mass. 583, ' 75

123 Mass. 580, 89

126 Mass. 364, 129, 130, 159

126 Mass. 458 < • • .84

128 Mass. 218 89

128 Mass. 598, 89

131 Mass. 207, 84, 165

131 Mass. 426, . 128, 129, 155

131 Mass. 431, 122, 124, 153

134 Mass. 226, 121, 122, 124, 153

134 Mass. 510, 129, 161

141 Mass. 241 134

148 Mass. 1, 75

148 Mass. 85 89, 145

148 Mass. 368, 127

148 Mass. 409 127

150 Mass 482, . 127

152 Mass. 7, 89

153 Mass. 347, 89

154 Mass. 346, . . . .89

154 Mass. 579, 75, 84, 141

154 Mass. 587, . . . 121, 126, 148

160 Mass. 186, . 92, 93, 96, 143

161 Mass. 182 89, 145

161 Mass. 184, . . . ' 89

162 Mass. 543 127, 154

172 Mass. 453 . . .89

174 Mass. 524, . 122

174 Mass. 570, 128

177 Mass. 200, 90, 144

179 Mass. 580, 143

182 Mass. 314, . . .162

183 Mass. 1 .148

183 Mass. 491, 168

190 Mass. 578, 167

197 Mass. 391, . . 164

198 Mass. 388 .165

216 Mass. 469, . ... . . . . . .167

217 Mass. 5, 163

221 Mass. 198 .149

2 Metcalf, 180, . . . . . . . - . . . 121, 151

4 Metcalf, 589 121, 151

5 Metcalf, 360, • . . . . .76

10 Metcalf, 382, . . . . 97,146

11 Metcalf, 321, ... . . . . . . 75, 79, 142

11 Metcalf, 496 • . . 121, 122, 123, 126, 152

12 Metcalf, 118, . . . 159

12 Metcalf, 198, . . 128, 130, 131, 158

12 Metcalf, 291, . . . 89, 146

13 Metcalf, 407, 129, 130, 158

1 Pickering, 524, . . . . . . . . . . .114

5 Pickering, 503, . . . . • . . • . . . . 122, 150

5 Pickering, 514, . . . 132, 161

181

PAGE

7 Pickering, 207, 77

11 Pickering, 484 114

14 Pickering, 276 121, 122, 123, 154

20 Pickering, 477 89, 145

21 Pickering, 55, 129, 131, 162

21 Pickering, 187, • . . 128, 130, 157

21 Pickering, 367, 163

22 Pickering, 422, . . . . 76

23 Pickering, 251 . 128, 130, 156

GENEEAL INDEX,

PAGE

A grade, for apples, defined, . . . . . ... . .116

Adulterated, in relation to apples, word defined, . . . . .118

Agents, nursery, licenses for, ......... 24

Agricultural College, Massachusetts, approval of County Farm Bureaus, . 72
Agricultural demonstration work, towns may carry on, .... 74

Experiment Station, director, powers and duties of,

35, 36, 37, 40, 41, 42, 44
and horticultural societies, law concerning, .... 13

Society, annual returns of, . . . . . . .16

societies, Board to fix annual meetings of, . . .10

disposition of surplus of, ..... 17

exhibitions by, gaming at, prohibited, ... 19

preservation of peace at, . . . 19

sale near, prohibited, ... 19

marshals, powers of, ...... 18

membership of, . . . . . . .17

mortgage of property regulated, . . . . 15

police at exhibitions of, . . . . . .18

premiums to be offered by, . . . ... 16

rights of officers, ...... 17, 168

sale of property regulated, ..... 15

to receive bounty, ..... 13

Agriculture, Board of. (See Board of Agriculture.)

encouragement of, among children and youths, ... 22
bounty for, ...... 14

miscellaneous laws relating to, ...... 121

premiums for encouragement of , . . . . . .22

Animals, trespassing on land, ........ 135

(See also Beasts.)
Apiaries, record of, to be kept, ........ 32

Apiary inspection law, .......... 29

penalties for violation of, ..... 32

expenditure for, authorized, ...... 32

inspector, duties of, ......... 30

inspectors, powers of, . . . . . . . .32

Apple barrels, branding of, size of type required, . . . . .118

marks permitted on, . .'.'". . . . .117

barrel, standard, defined, . . . . . . . .116

box, standard, defined, . . . . . . . .116

grading law, .......... 116

closed package defined, ...... 120

exemption from, ....... 120

inspectors, powers of, . . . . . . . ... 119

legal grades, defined, ......... 116

packages to be marked with minimum size of fruit, 117

184

Apples, branding of closed packages of , .
in cold storage, inspection of,

meaning of adulterated, .....
meaning of misbranded, .....
sale of adulterated, prohibited, ....
misbranded, prohibited, ....
Appropriation for agricultural societies, ....
apiary inspection law, ....
apple grading law, ....
clerks of Board of Agriculture,
commercial feedstuffs law, .
Dairy Bureau, .....
encouragement of agriculture among children,
orcharding,
poultry breeding,
nursery inspection law, .

reclamation of wet lands, .
secretary of Board of Agriculture,
special agricultural exhibitions,

State Ornithologist,

Arrest of trespassers on Lord's day, ....

Attorney-General, opinions of, ......

B grade, for apples, defined, .......

Bank Commissioner, approval of credit unions by, .

report to, by credit unions,
Banks, farmland. (See Farmland Banks.)
Barrel of flour, weight of, .......

potatoes, weight of, ......

sweet potatoes, weight of,
standard, for apples, defined, .
Baskets for berries, ........

Beasts at large, to be taken up, .

impounded, .....

doing damage, distraint of, .

distrained, action of replevin for, ....

escaped from pound, ....

impounded, auction sale of, .

may be sold when, .
penalty for rescuing, .
rights of owner,

sale of, disposition of proceeds from, . . . %
Beef, inspection of, . . ._

weighers of, appointment, ......

fees for, .......

Bees, diseased, instruction in treatment of,

to be quarantined, ....

keeping of, regulated, .......

sale of, regulated, . . . . '

shipping of, regulated, .......

transportation of, regulated, ......

(See also Apiaries.)
Berries, sale of, regulated, .......

Board, jom\, for reclamation of wet land, powers of,
of Agriculture, State, election of delegate to,

PAGE

117

119

118

120

135

140

117
48
55

101

116

104

127

128

129

160

132

162

131

132

160

132

103

104

140

185

PAGE

Board of Agriculture, State, may withhold bounty 15

membership of, 9

powers and duties of, . . 10, 11, 15, 81, 101

publications of, . . . . • . . 10, 19
right to representation on, . . . 140

secretary of, powers and duties of, . 27, 119

to prescribe rules for premiums on crops, . 18

Board of Health, powers of, 81, 112, 113, 114

Bond to be filed by petitioner under drainage law, . . 79

Boston, market limits, exposure of food in, . . . 112

Bounty, agricultural, amount of, ..... . 13, 15

certificate to be filed for 15

forfeiture of, ........ .16

rules for distribution of, ........ 15

State Board may withhold, ..... .15

to poultry associations, ........ 14

poultry premium, distribution of, 21

Box, standard, for apples, defined, . . . ... . . . 116

Brown-tail moth, nursery law not to apply to, . . . . . .28

Bushel, weight of, for farm products, ....... 102

Calves, slaughter of, . . . . ... . . . . 147

Cattle. (See also Animals, Beasts, Oxen, Pound.)

escaping, liability of owner for, ....... 151

impounding of, . . . . . . . ... 127, 161

keeper of, meaning of, ........ 161

liability of person distraining, . . . . . . . 160

malicious killing of, penalty for, ....... 133

shows, powers of marshals at, ....... 18

regulated, . . . . • . . . .17

straying, liability of owner for, ...... 149, 151

when under control of keeper, ....... 161

Cental, certificate of sale by, .......:. 107

weight of, . . 102

Cider, sale of , 148

Commercial feedstuffs. (See Feedstuffs, Commercial.)

fertilizer. (See Fertilizers, Commercial.)
Commissioner of corporations, powers of, ...... 71

Commissioners, county, complaint to, . / . . . . 81

petition to, regarding drainage, . . . . 79

powers of, in relation to drainage, . . 79, 142

in relation to dogs, .... 93

drainage. (See Drainage Commissioners.)
Commodities, weight of, ..'....... 101

Common field, liability of owners of, ....... 154

Commonwealth to acquire land for reclamation, ..... 81

Co-operation, laws relating to, . . . . . . . .46

Co-operative associations, ......... 69

apportionment of earnings of, .... 70

articles of organization, fee for filing, . . 72

capital stock of, ...... 69

certificate of organization, .... 71

distribution of earnings of, . . .70

incorporation of, ' .69

investment of reserve fund of , . . . . 70-

186

PAGE

Co-operative, use of word, restricted, ....... 71

County Commissioners. (See Commissioners, County.)

County Farm Bureaus, 72

advisory boards of, ... . . . .73

agents, appointment of, . . . . - . 72

duties of, . . . . .72

approval by Massachusetts Agricultural College, . 72
expenses of, ....... 74

finance boards, appointment of, . . .73

finance boards, duties of, . . . .73

not to be maintained in certain counties, . . 75
powers of , . . . . . . . .73

to receive county aid, ...... 72

Cranberries, gathering of, on Lord's day, ...... 167

legal barrel for 105

legal crate for, . . . . . . . . . 105

Massachusetts standard measure for, ..... 105

net weight of, to be marked, ...... 106

Cranberry bog, right to flow, . . . . . . . . .167

bogs 165

dam, apportionment of expense on, ..... 84

right of grower to build, . . . . . .165

land .84

Credit, rural, laws relating to, ......... 46

Credit unions, '......... .46

approval of, by Bank Commissioner, ..... 48

board of directors, election of , . . . . . .50

number of , . . . . . .50

powers and duties of, . . . 51

by-laws, amendment of, . . . . . . .50

of, ... 47

capital to be unlimited, ....... 48

* certain officers of, not to receive compensation, ... 53
property of, exempt from taxation, . . . .48

credit committee of, ....... 50

deposits and loans, ........ 47

directors of, restrictions on, ...... 54

disposition of funds on withdrawal from, .... 56

dissolution of , . . . . . . . . .56

dividends of, how paid, ......

source, ....... 55

entrance fee for, ........ 50

expulsion of members of , . . . . . . .55

fiscal year of , . . : . . . . . .49

guaranty fund of , . . . . . . .54

incorporation of ......... 46

investment of funds, ....... 49

loans, purposes of, ......

to be approved, ....... 52

meetings of ,.......- .49

officers, election of, . . . . . . . .51

compensation of , . . . . . . .54

organization of, ........ 46

report by, to Bank Commissioner, ..... 55

restrictions on, ........ 47

187

PAGE

Credit unions, sale of farmland bonds by, ... .53

shares may be issued to minors, ..... 48

supervisory committee, powers and duties of, . . .52, 54
term denned, ......... 46

Dairy Bureau, annual report of, ........ 12

appointment of, ........ 12

duties of, ......... 12

expenditures of ......... 12

general agent of, .... ... 10

powers, ... . ... 13

laws, Dairy Bureau to enforce, . . . . . . .13

Damages caused by drainage commissioners, ...... 78

from dogs, 89

Decisions of Supreme Court, ........ 141-169

Deer, killing of, regulated, ......... 86

law, penalty for violation of, . . . . . . .87

loss, damages from, ......... 88

open season established for, . . . . . . . .86

protection of, from dogs, ........ 88

Distrainor of beasts, notice by, ........ 159

cattle, liability of, ........ 160

to state demand, ......... 129

Distraint of beasts doing damage, ........ 129

Distress, legality of, how tried, . . . . . . . 132

Dog bite, liability for loss of services from, ...... 146

damage to sheep, liability of owner to county, ..... 143

damages 89, 143

appointment of party to investigate, ..... 93

liability of owner or keeper for, ...... 145

to sheep, . ... . . . . . .92

dangerous, complaint as to, . . . . . . .90

doing damage, right to kill, ........ 144

rewards for, ........ 92

injury by, right to reimbursement for, • . . . . . . 144

killing of, form of warrant for, ....... 96

law, constitutionality of. ........ 143

liability for injuries by, ......... 143

license money, in Suffolk County, ....... 95

use of, when unexpended, ...... 96

licenses, towns may make by-laws concerning, ..... 97

may be killed when, ...... 90

muzzling of, ........... 94

owner of, to whom liable, ..... .95

ownership of, hearing to determine, ....... 92

owner's knowledge of propensity of, . . 146

penalty on owner for not confining, .... .93

Dogs, protecting domestic animals from injury by, . . 97

town by-laws licensing, validity of, ... . 146

Drainage commissioners, appeal from,

compensation of , . . . 77

damage caused by, ...... 78

may open dams, ...... 78

powers and duties of, .... 76, 80, 142

188

PAGE

Drainage commissioners, return of, ...... 77, 142

to give notice before opening dam, ... 78
ditches, construction of, . . . . . . . .79

expenses, apportionment of, between tenant and remainderman, . 77
assessment of , . . . . . . . .76

collection of , . . . . . .76

on land, subject to mortgage, . . . . .77

improvements, repairs on, ........ 80

law, constitutionality of, 141

laws relating to, . . ' . . . . . .46

of lowlands 75, 141

petition for, 79, 80

work, fees of town or city officers for, ..... 80

Elm beetle, suppression of, ..... ... 137

Employer's liability for injuries to farm labor, . . . 139, 163, 164, 165

Exhibitions, special agricultural, appropriation for, ..... 23

(See also Agricultural Societies.)
Expenditure. (See Appropriation.)

Fancy grade, for apples, defined, ..... 116

Farm Bureaus. (See County Farm Bureaus.)

labor, liability for injuries to, 139, 163, 164, 165

produce, weights and measures of, . . . . . . . 101

Farmers' Clubs to receive publications, ..... .19

Farmland banks, ........ .57

amendment of agreement of organization of, . . . 68
auditing committee, ....... 61

bonds of .......... 65

by-laws of 59

committees of, . . . . . . . .60

committee on loans, . • . . . . . 61

» directors, powers and duties of , . . . . .60

dissolution of, . . . .v . . . .68

dividends and surplus of, . 67

exemptions from taxation, . . 68

fiscal year of, .60

holdings of real estate by, ... 66

incorporation of, ... .57

investments of, ... .66

land reserve, certificates of , . . . . .64

fund, . . .63

loans by, .... .67

meetings of, ........ 62

proxies for, . . .63

quorum,
officers of , . . . . . . .60

powers and duties of, . 60

organization of, . . . . . . . 59

powers of, ...... .58

who may be shareholders in, . .64

Feedstuff law, appropriation for enforcing, ..... .44

terms defined, ..... .39

Feedstuff s, adulterated, sale of, prohibited,

commercial, 39

189

PAGE

Feedstuff s, commercial, analysis of, ....... 42

label to be affixed to package, .... 40

filed 40

registered, . . . . . .41

misleading tag, prohibited 41

packages to be tagged, ..... 39

penalty for selling 'without tag, .... 43

provision for taking samples of, . . .43

tag to be registered, . . . . . . 41

Fence a nuisance, when, ......... 127

compensation for repairing, ........ 123

controversies as to repairs of, . . . . . . . 122

duty of landowner to maintain, ....... 149

line, adjudication of, by fence viewers, ...... 153

liability of owner of unenclosed land for, .... 148

statute liability for, ........ 149

neglect of, proceedings, ........ 121

partition, liability of landowner to pay for, ..... 150

recovery for, ........ 152

prescriptive obligation to maintain, ...... 150

purchase of right in, ......... 124

remedy against adjoining owner for repair of, .... 122

removal to true line, ......... 125

right of landowner to place on adjoining land, .... 151

suitable for railroad, ......... 151

viewers, adjudication of fence line by, . . . . . . 153

authority of, . . . . . . . . . 152

and field drivers, law relating to, ..... 121

enforcement of award of , . . . . . . .153

fees of 126

partial assignment of fence line by, ..... 153

penalty for neglect of duty, ...... 126

powers and duties of, . 121, 122, 123, 125, 149

requirement of notice by, . . . . . .154

water, meaning of, . . . . . . . 152

Fences and fence viewers, decisions on, . . ... 148

defined . .... 121

double damages awarded for, ... • 122

maintenance of, 121, 124

obligations of citizens for, . . .

on land bounded by water, .... • 123

land in common,

town lines, ... ... 126

to be maintained by adjoining occupants, . . 121

water, ,. • .126

Fertilizer law, penalty for infringing, . • 37

regulation regarding fees, . . • 34, 37

terms defined, ....

Fertilizers, commercial, analysis of, . .35

certificate of filing label for, . .35

label to be filed, .

labeling requirements, . . . 32, 33, 34
law concerning, ....
sale of, .
taking samples of, 36

190

Field driver, authority of, .....

fees of , . . . . ...

drivers, duties of, .

law relating to, .
requirements of notice by, .
rights of, . . . ...

Fisheries and Game, Commissioners on, jurisdiction of,

powers of, .
Flour, weight of barrel, ......

Food, unwholesome, penalty for selling, .

sale of, .
Fruit importations, inspection of , .

(See also Apples, Cranberries, Berries.)
Fruits, nuts and vegetables, law relating to sale of, .

Game and dog statutes, .....

Garden, trespass in, forbidden, ....

Goats, running at large, regulated, ....

Grain and meal, certificate of sale by cental,
how sold,

law relating to, .
measurers of, duties of, .
fees for, .
to be appointed for,
penalty for short weight,
cutting of, penalty for, ....

toll for grinding, ......

Gypsy moth, .......

Hares, protection and sale of, ....

Hay and straw, pressed, grading of, ...

inspectors of, duties,

how appointed, .

law relating to, .

marking of , .

penalty for selling without inspection,

waiver of inspection,

weighers of, how appointed,
Herdsgrass seed, sale of, regulated,
Highway, meaning of, . . . . .

right of public on, .
Hunting of pheasants regulated, . ...

Ice ponds, ........

Impounding of beasts distrained, ....

amount due owner, ....

notice of, ......

Insect pests, destruction of, .

Inspection and sales act, .....

apiary, law relating to, .
apple grading. (See Apples.)
charges, for farm buildings, prohibited,
nursery, law relating to,

(See Nursery Inspection.)
Inspector of Apiaries, State, appointment of, .

PAGE

155
128
127
127
155
155
169
133
101
115
113
29

104

86
134
133
107
106
106
106
107
106
107
134
103

98
108
108
108
107
108
108
109
107
109
158
149

84
129
131
130
137
103

138
24

191

PAGE

Labeling commercial feedstuff s, ........ 39

fertilizers, 33, 34, 35

Labor, farm, liability for injuries to, ....... 139

Leopard moth, suppression of, ........ 137

Licenses for nursery agents, ......... 24

Lowland, drainage of, appointment of commissioners for, .... 75

(See also Drainage.)

improvement of, ......... 75

Manure, ownership of, .......... 162

title to, on leased farm 163

Marketing, statutes relating to, ........ 101

Market limits, Boston, exposure of food in, . . . . .112

Marketmen, permits for, right of city to require, . . . . . 148

Markets, public, . 101

provision for, ........ 101

rules and regulations, . . . . . . .101

to be approved by State Board of Agriculture, . . 101

Meadows and swamps, improvement of, . . . . . . .75

(See also Drainage.)
Meal. (See also Grain and Meal.)

how sold, ........... 106

sale of, regulated, ......... 147

weight of, 102

Measure. (See Cranberries, Berries, Nuts, Weight.)

Measurers. (See Grain and Meal.)

Meat and provisions, inspection of, . . . . . . .111

sale of, Ill

unwholesome, penalty for sale of, . . . . . . .114

Millers, law relating to, ......... 103

legal toll for, .103

to keep scales, ....... . 103

Minimum size of apples to be marked on package, . . . . .117

Moose, protection of, .......... 88

Notice by distrainor, . . . . . . • . • • 159

field driver to pound keeper, ..... .158

from field driver to owner of beasts impounded, . . . .158

of impounding, waiver of, .... . 159

requirements of, by field driver, ... .158

Nursery agents, licenses of, ......... 24

inspection, expenditure authorized, ....

law, . - 24

exemptions from,
penalty for violation of, ... .27

prosecutions under, ... .27

season for, .
inspector, appeal from, .... .27

State, . . . 24,169

powers of, . / • 25, 28

to inspect fruit importations,
inspectors, duties of,
stock, sale of, regulated, ....

transportation of, regulated,
Nuts, law relating to sale of ,......••• 105

192

PAGE

Oats, sale of 147

Onions, sale of, . . . . . . . . . '. 109

Opinions of Attorney-General, . . . . . . . .140

Orcharding, encouragement of, ........ 22

Orchards, trespass in, forbidden, ........ 134

Ornithologist, State, annual report of, . . . ' . . . .20

appointment of, ....... 20

compensation of, . . . . . . .20

duties of 20

expenses of, . . . . . . . . 20

Oxen going at large, right of field driver to take, . . . . .155

Package, closed, for apples, defined, ....... 120

Penalty for cutting timber, wood, grain, etc., . . . . . .134

defacing notice against trespassers, ..... 135

failure to restrain dog after notice, ..... 95

killing pheasants illegally, . . . . . . .100

malicious killing of cattle, ....... 133

obstructing inspector of Board of Health, . . . .113

poultry thieving, . . . . . . . . .139

sale of unwholesome meat, . . . . . . .114

selling adulterated vinegar, . . . . . . .109

deleterious vinegar, . . . . . . .111

pressed hay or straw without inspection, . . . 109
unwholesome food, . . . . . . .115

suffering animals to trespass, ...... 135

trespass in orchard, garden, etc., . . . . . . 134

unlawful use of word co-operative, . . . . .71

violation of apiary inspection law, ...... 32

apple grading law, ...... 120

deer law, ........ 87

feedstuffs law, . . \ . . • • .43
fertilizer inspection law, ..... 37

nursery inspection law, . 27

pheasant law, ....... 99

rabbit law, ....... 99

rule of Board of Health, 113

weights and measures law, ..... 104
wilful injuries to fences, . . . . . . .134

trees 134

Petition for construction of roads to swamps 79

Pheasant law, penalty for violation of , . . . . . ' .99

Pheasants, hunting of, regulated, ........ 99

killing of .100

may be captured and killed when, ... . 100

open season may be declared on, ...... 100

propagation of, . . . . . . . .99

rearing of ........... 99

Phosphoric acid, legal meaning of, ........ 38

Potash, legal meaning of, ......... 38

Potatoes, sale of .109

sweet, weight of barrel . 101

weight of barrel of, ........ 101

Poultry associations, bounty to, . 14, 21

breeding, encouragement of, ....... 21

193

PAGE

Poultry premium bounty, distribution of, . . . . . .21

sale of, regulated, ....... 114

thieving, 138

penalty for, 139

posters 139

Pound breach, ........... 161

keepers, fees of, .......... 128

law relating to, 127, 155

liability of, to owner of beasts, . . . . .160

when established by town, . . . . . . . .162

Pounds, law relating to, ......... 127

penalty for injuring, ......... 127

to be maintained, ......... 127

Premiums for encouragement of agriculture, among children, ... 22

poultry breeding, . . . . .21

trees for ship timber, . . . . . . .16

to be offered by agricultural societies, ..... 16

Produce, farm, weights and measures of, ...... 101

Protein, crude, legal meaning of 39

Provisions, inspection of, . . . . . . . . .111

Public markets. (See Markets, Public.)

Pulling down stone walls, penalty for, . . . . . . .133

Rabbit law, penalty for violation of ........ 99

Rabbits, protection of ........... 98

right of farmers to trap, ........ 98

sale of, 98

Rams, when not to go at large, ........ 133

Remainderman, appointment of drainage expenses on, .... 77

Repeal of previous statute, .... 29, 38, 45, 56, 87, 99, 100, 111

Replevin, action of, for beasts distrained, ...... 160

when commenced, ....... 159

Right of way, adverse possession of, ....... 167

Roads, construction of, to swamps, ....... 79

Rural credit laws, .......... 46

Sale by cental, 107

near agricultural fairs, prohibited, . . . . . . .19

of apples regulated, 116,117,118,119,120

beef regulated, ..... .... 103

bees regulated, ....... 30

berries regulated, ......... 104

cider regulated, ........... 148

commercial feedstuff s regulated, .....

fertilizers regulated, ... .32

cranberries regulated, ....... • 105

fruits regulated, . .104

grain regulated, ......••• 106, 147

meal regulated, ....... • 106

meat and provisions regulated,

nursery stock regulated, .... .25

nuts regulated,

onions regulated, .....

pheasants regulated, . . . .

194

PAGE

Sale of potatoes regulated, ......... 109

poultry regulated, . . . . . . . . .114

pressed hay regulated, ........ 108

straw regulated, . . . . . . . .108

provisions regulated, . . . . . . . . .111

rabbits regulated, ......... 98

timothy seed regulated, ........ 109

unwholesome food regulated, . . . . . 113, 114, 115

veal regulated, . . . . . . . . . .113

vegetables regulated, ......... 104

vinegar regulated, 109,110,111

Sales and marketing, cases on, ........ 147

Salt, sale of, 109

Secretary of State Board of Agriculture. (See Board of Agriculture, State,

State Board of Agriculture.)
Seed of herdsgrass and timothy, sale of , . . . . . . . 109

Sheep damaged by dogs, remedy for owner of, ..... 94

damages from dogs, ......... 90, 91

straying on track, liability of company for, ..... 151

(See also Dogs.)
Slaughter houses, private, . . . . . . . . .115

Societies, agricultural. (See Agricultural Societies.)

Stallions, registration of, ....... . 136

Standard, use of word, for apples, ...... .116

cranberries, ....... 105

State Board of Agriculture (See also Board of Agriculture, State), . . 9

appointment of agents by,
clerks, salaries of, ..... 10

duties of , . . . . . . .10

how constituted, .... 9

meetings of ...... 9

members to receive no compensation, . . 9

membership, tenure of, ... 9

reports to General Court, . . 11

Secretary, appointment of, .

salary of, . . . . .10

powers of, ... 27, 119

tenure of members of, .... 9

to oversee Agricultural College, . . . 11
Inspector of Apiaries. (See Apiaries, Inspector of.)
Nursery Inspector. (See Nursery Inspector, State.)
Ornithologist. (See Ornithologist, State.)
Statutes, ........ . 9-139

providing for inspection, regulation and control, . . 24

Stone walls, penalty for pulling down, ..... . 133

Straw, pressed, inspectors of, duties,

how appointed, ....

marking of ........ • 108

penalty for selling without inspection,
waiver of inspection,
Sunday, gathering cranberries on, ...... • 167

Supreme Court, digest of decisions, ....

Swamps, construction of roads to, .

Swine, keeping within town limits, . . . . . . . .168-

195

PAGE

Tenant, apportionment of drainage expenses on, ..... 77

ownership of manure by, ........ 162

Tent caterpillar, suppression of, ........ 137

Timothy seed, sale of, regulated, ........ 109

Town officers, duties of, ........ 92, 107

penalty on, ......... 95

Towns may make by-laws concerning dogs, . ... 97

Trees, wilful injuries to, penalty for, ....... 134

Trespass, form of complaint for, . . . . . . . .169

laws, 133

extracts from, to be printed, 136

posters, distribution of, ........ 136

Trespasser, arrest of, on Lord's day, . . . . . . 135

Trespassers, notice against, defacement of, ...... 135

Ungraded apples defined, . . . . . . .. .117

Veal, inspection of, . . . . . . . . . .113

sale of, regulated, . . . . . . . . .114

Vegetables, law relating to sale of , . . . . . . . . 104

Vinegar, deleterious, penalty for selling, . . . . . . .111

marking of receptacles containing, . . . . . : 110

sale of, regulated, ......... 109

standard of, established, . . . . . . . .110

Water fences, - . 123, 125

Weights and measures of farm produce, ....... 101

Wet land, reclamation of, . . . . . . .81

Wood, cutting of, penalty for, ........ 134

Workmen's compensation act relating to farmers, ..... 163

492741

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