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Duties of engin-
eers respecting
gunpowder.
lbid.

Moneys received for fines, &c., to

treasury, unless,

&c.

Ibid.

the duty of said engineers to take cognizance of and to cause prosecution to be instituted in all cases of infraction. of the laws relative to the erection of wooden buildings, or of any other laws or ordinances for the prevention of fire within the limits of the city.

SECT. 28. The power of making and establishing rules and regulations for the transportation and keeping of gunpowder within the city of Boston, and of granting licenses for the keeping and sale thereof in the city, according to the provisions of an act entitled "an act further regulating the storage, safe keeping, and transportation of gunpowder in the city of Boston," and of any other act or acts on the same subject, shall be exercised and performed by the chief and other engineers, and the power and duty of seizing any gunpowder kept or being within the city or the harbor thereof contrary to the provisions of the said act or acts, shall be exercised and performed by the said engineers or any of them; and in case of any seizure being made by any engineer other than the chief, he shall forthwith report to the chief engineer, who shall cause said gunpowder to be libelled and prosecuted in the manner prescribed in the said acts, and all the other powers and duties granted or enjoined in and by the said act or acts, shall be performed by the said chief or one of the other engineers.

SECT. 29. All moneys received for fines, forfeitures be paid into city and penalties, arising under this ordinance and the laws of this commonwealth, regulating the storage and transportation of gunpowder, the erection of buildings within the city of Boston, and the prevention and extinguishment of fire, unless by such laws otherwise specially provided, shall be paid into the treasury of the city, to be applied in such way as is provided in the acts of this commonwealth.

Certificate of seven years' ser

Ibid.

SECT. 30. Every member of the fire department of the vice, and badge. city of Boston, who shall have served according to law for seven successive years, shall be entitled to receive a certificate thereof, signed by the mayor of said city, and all persons who shall receive said certificate as aforesaid, shall be entitled to wear the badge of the department, and to do

duty therein, under such organization and management as the mayor and aldermen may determine.

Ibid.

SECT. 31. There shall be paid annually to each mem- Compensation. ber of the department such sum as the city council may from time to time determine, and in case of the sickness or absence from the city of any member, for forty-eight hours Substitute to be or more, he shall provide a substitute, whose name he shall of sickness or return to the clerk of his company.

provided in case

absence.

not assemble in

&c., except, &c.

SECT. 32. The members of the several companies shall Members shall not assemble in the houses intrusted to their care, except engine houses, for the purpose of taking the engine or apparatus, on an Ibid. alarm of fire, and of returning the same to the house, and taking the necessary care of said apparatus after its return; and except for the business meetings of the companies.

GENERAL PROVISIONS. 1

Penalty for firing any gun, &c. within the city.

July 22, 1850.

SECT. 33. No person shall fire or discharge any gun, fowling piece, or fire arms, within the limits of the city of Boston, under a penalty for every such offence of not less than one dollar, nor more than twenty dollars; provided, Proviso. however, that this section shall not apply to the use of such weapons at any military exercise or review, or in the lawful defence of the person, family, or property of any citizen.

ing or selling

without license.

SECT. 34. If any person shall have in his possession, Penalty for havwith intent to sell, or shall offer for sale, or shall sell, or rockets, &c. give away any of the fire works called rockets, crackers, bid. squibs, or serpents, without the license of the mayor and aldermen, he shall for every such offence forfeit a sum not exceeding ten dollars.

See R. S. 58, Ø

5, 6.

ing or setting

& C.

SECT 35. If any person shall have in his possession, Penalty for havwith intent to set fire to, or shall set fire to, any rocket, fire to rockets, cracker, squib, or serpent, or shall throw any lighted rocket, ibid. cracker, squib, or serpent within the city, without the license of the mayor and aldermen, he shall, for every offence, forfeit a sum not exceeding ten dollars.

1 An ordinance in relation to fire-arms, fire-works, bonfires and brick kilns, passed July 22, 1850.

Penalty for making any bonfires, &c. Ibid.

July 22, 1850.

Penalty for erecting, making or firing any brick-kiln, &c. Ibid.

SECT. 36. If any person shall make any bonfire, or other fire in any of the streets, squares, commons, lanes, or alleys, or on any wharf within the city, without the license of the mayor and aldermen, he shall be punished by a fine not exceeding twenty dollars.

SECT. 37. No person shall erect, make, or fire, or cause to be erected, made, or fired within any part of the city, any brick-kiln or lime-kiln, without the license of the mayor and aldermen, under a penalty of not less than one dollar, nor more than twenty dollars, and a like sum for every week he shall continue such kiln, after notice to remove the same.

Committee of

city council shall
make contracts
for fuel.
May 8, 1843.

Feb. 9, 1846.

ORDINANCE. 1

FUEL.

1. Committee of city council shall
make contracts for fuel. Shall
advertise for sealed proposals.

2. Fuel shall be weighed or measured. Superintendent of public buildings shall attend to delivery, &c.

SECT. 1. All contracts for wood, bark, coal and other fuel, for the use of the city, in each and every of its respective branches and departments, as well for the use of the public schools and primary schools, as all other public buildings and offices, excepting the several institutions at South Boston, shall be made by a committee of the city Shall advertise council, whose duty it shall be to advertise in the public newspapers, in which the city ordinances are printed, for sealed proposals for furnishing the same, at least one week previously to making any contract for the same, and the proposals shall contain the terms for which each particular description of fuel will be furnished, separately and dis

for sealed pro

posals.

1 An ordinance regulating the purchase of fuel for the use of the city, passed May 8, 1843.

tinctly; and such proposals being considered, shall be accepted, or rejected, according to the terms, as may be deemed advisable by said committee; and the contract so made, shall provide for the delivery of the same at such different times and in such places as may be required by the superintendent of public buildings during the year; and such contract shall be made annually, between the months of May and September.

weighed or

May 8, 1843.

of public build

to delivery, &c.

SECT. 2. All fuel of every description which shall be Fuel shall be contracted for, shall, previously to the delivery thereof, be measured. weighed or measured by a weigher or measurer appointed for that purpose by the city; and it shall be the duty of Superintendent the superintendent of public buildings to attend to the de-ings shall attend livery and reception of the same, and to give certificates therefor, as the same is delivered, to the end that the proper quantity and quality may be ascertained to have been received by the committee; and it shall be the duty of the chairman of said committee to certify the bills of the same previously to the payment thereof.

FURNACES FOR GLASS.

STATUTE.

1. Furnaces for making glass must be licensed.

2. Unlicensed furnace shall be deemed a common nuisance.

3. Not to be in force until adopted
by city council, &c.

4. Shall take effect from and after
its passage.

making glass

censed.

1. No furnace for the making of glass shall be hereaf- Furnaces for ter erected or put up for use in any city or town in this must be licommonwealth, unless a license therefor shall be first 1846, 96, § 1. granted in the manner provided in the first section of the one hundred and ninety-seventh chapter of the acts of the legislature, passed in the year one thousand eight hundred

Unlicensed furnace shall be deemed a common nuisance. Ibid, $ 2.

and forty-five, and such license shall be applied for, granted and recorded in the manner provided in said act.1

2. Any such furnace hereafter erected, without such license, shall be deemed and taken to be a common nuisance, without any other proof than proof of its use, and may be abated and removed in the manner provided in said act. 3. This act shall not be in force in any town or city, city council, &c. unless the same shall be adopted in the manner provided in tenth section of the act aforesaid. 2

Not to be in force

until adopted by

Ibid, $3.

Ibid, § 4.

4. This act shall be in force from and after its passage.

STATUTES.

GUNPOWDER.

1. Taking loaded arms into houses
prohibited, under penalty of
ten pounds.

2. Loaded arms in houses may be
seized by engineers. To be sold
at public auction if adjudged
to be forfeited upon their com-
plaint.

3. Appeals in such prosecutions.
4. Powder, how much may be
kept by any United States or
state officer, and where.

5. Powder kept contrary to above
provision, may be seized by en-
gineers and sold.

6. Gunpowder exceeding one
pound, not to be kept within
two hundred yards of any
wharf, or on the main land.
Forfeiture.

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1 See Steam Engines and Furnaces, § 1.

2 This act was adopted by the City Council of Boston, January 25, 1847.

8 For Furnaces for the melting of iron, see Steam Engines and Furnaces.

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