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therewith, which the said mayor and aldermen may from time to time order and prescribe.
SECT. 3. Any person or persons who shall deface, break Penalty for inor injure either of said bridges or wharves, or shall unneces- &c. sarily open or obstruct the passage of either of said draws, without the consent of the superintendent of such bridge, or shall, without such consent, make fast to such bridge any scow or other vessel, shall, upon conviction thereof, pay a fine not less than three dollars, and not exceeding twenty dollars.
not to be erected
1. No building shall be erected within the city of Bos- Livery stables ton, and used and improved as a stable for the taking in within 170 feet and keeping horses or chaises or other carriages, upon hire 1810, 124, 1. or to let, commonly called livery stables, within one hun- 58, § 4.
of any church. See R. S.
dred and seventy feet of any church or meeting-house erected for the public worship of God.1
2. For any offence against the preceding provision, the owner or owners, keeper or keepers of such building, shall forfeit and pay the sum of one hundred dollars for every calendar month during which the same shall be so used and improved, to be recovered by action of debt, one half thereof to enure for the use of the poor of the city of Boston, the other half thereof to him or them who shall sue for the same.
Wooden buildings in
No wooden building of more than sixteen feet in more than six-height, from the ground or foundation thereof, shall be forbidden, ex- erected in the city of Boston, except under the following tain restrictions. limitations and restrictions, namely; the dimensions of such (Accepted by building on the ground not to exceed twenty-five feet by fifty feet; or, being in any other proportion, not to cover ral meetings af- more than twelve hundred and fifty superficial feet of land;
citizens, May 13, 1835. Boston
ter 1830, p. 6)
the walls not to exceed twenty feet in height from the under side of the sills, which sills may be three feet six inches above the level of the street, to the eaves of the roof; the roof, in the highest point thereof, not to rise more than thirty-two feet from the under side of the sills aforesaid, and there shall be at least one scuttle at or near the highest point of said roof.
Two or more such buildings
4. When two or more such two story buildings as are
in connexion, or provided for in the preceding section shall be erected in
Proviso as to neck lands.
feet, shall have connexion, or within three feet of each other, or within
brick or stone
three feet of any other wooden building, more than sixteen feet in height, there shall be an entire brick or stone wall between them, commencing from the foundation of said wall, and carried to the height of twelve feet above the level of the street, at least twelve inches in thickness, and the residue of said wall shall be at least eight inches in thickness; and in case any openings are made through said walls, the same shall be secured against fire by iron doors. applied to such openings; provided, that such brick or
1 There was a proviso in this act, respecting stables then in part erected, which proviso has ceased to be material.
stone walls may be dispensed with by consent, in writing, of the mayor and aldermen of the city of Boston, on what are commonly called the neck lands, in said city. 1
5. If any person or persons shall violate the provisions Penalty. of the two preceding sections, such person or persons, on conviction thereof, in any court competent to try the same, shall forfeit and pay for every such offence, a sum not less than fifty nor more than five hundred dollars, and shall be liable to a like prosecution and penalty for each and every year after such conviction, until said building or buildings, erected contrary to the provisions aforesaid, shall be removed or made to conform thereto; and the said penalties and forfeitures incurred by virtue of this act may be recovered by indictment, to the use of the city of Boston, How recovered. or by an action of debt in any court competent to try the same, one half to the use of the person or persons who shall sue therefor, and the residue to the use of the said city.
Ibid, § 4.
6. It shall be the duty of the board of engineers of the Duty of board of said city, to cause suits to be commenced without delay prosecute. against each and all who shall violate the provisions of the three preceding sections, and to prosecute the same to final judgment.
7. An act passed March 27, 1847, provided, that any Further remedy. building thereafter erected in the city of Boston, contrary to the provisions of the four preceding sections, shall be deemed and taken to be a common nuisance; and the mayor and aldermen of the said city shall have the same power and authority to abate and remove any such building as are given to the board of health, in the tenth and eleventh sections of the twenty-first chapter of the Revised Statutes; provided, however, that nothing in this section shall be construed as affecting any remedies already given, in the four preceding sections.
8. The city council of the city of Boston may authorize City council the erection of wooden buildings in those parts of said city and regulate called South Boston and East Boston, upon such terms and ings in South
and East Boston. 1850, 280, § 1.
1 The remainder of this section, as it stood in the original act, and the 5th section of the same act, were repealed by stat. 1850, c. 280, § 2.
(Accepted by city council, May 16, 1850.)
conditions, and subject to such limitations and restrictions, as they may deem expedient. 1
City council may make rules
9. The city council of any city, in this commonwealth, respecting balus shall have power, from time to time, to make and adopt such
trades. 1848, 278.
rules and regulations, for the erection and maintenance of balustrades, or other projections, upon the roofs or sides of buildings in such city, as, in their judgment, the safety of the citizens may require. And the city council of any city may annex penalties, for the violation of any such rules and orders, not exceeding twenty dollars in any one instance; which penalties may be recovered, for the use of the city, by complaint before the police court of such city, or any justice of the peace in a city where no police court is established: provided, that no such rule or order shall take effect, or go into operation, until the same shall have been published at least sixty days in some newspaper printed in such city, or the county within which such city is included.
ORDINANCE OF THE CITY.
Notice shall be given of inten
SECT. 1. All persons, intending to erect, or to make any tion to build, &c. alterations in the external walls of any building or buildings
Nov. 14, 1833.
of any description, any part of which is to be placed upon or within ten feet of any of the public streets, squares, alleys or lanes of the city, shall, before he or they proceed to build or erect the same, or to lay the foundation thereof, or to make the said alterations, give notice in writing of such their intention to the mayor and aldermen, fifteen days at least before doing any act for carrying such their intention into execution, in order that any encroachment or any other injury or inconvenience to the said public streets, squares,
1 The stat. of 1850, c. 280, § 2, repealed stat. 1817, c. 171, §§ 1, 2, 3, 4, 5, 7, 8, 15; 1821, c. 26, 31; 1822, c. 16; 1829, c. 34; so much of stat. 1835, c. 139, § 2, as relates to South Boston and East Boston, together with 5, of the same act.
lanes, or alleys, which might otherwise happen, may be thereby prevented, and in default thereof, that the city be considered as discharged from all damages, of any nature whatsoever, resulting from the failure to give notice as above provided, particularly from all such damages or expenses as have been enhanced or occasioned by reason of any thing done previously to, or without such notice.
SECT. 2. The mayor and aldermen shall have power to Numbers of cause numbers of regular series, to be affixed to, or inscrib- Nov. 14, 1833. May 16, 1850. ed on, all dwelling houses and other buildings erected or fronting on any street, lane, alley, or public court within the city of Boston, at their discretion; and shall also have power to determine the form, size, and material of such numbers, and the mode, place, succession and order, of inscribing or affixing them on their respective houses or other buildings. And any owner or occupant of any building or part of a Penalty for numbuilding, who shall neglect or refuse to affix to the same to directions. the number designated by the mayor and aldermen, or by some person by them duly authorized, or who shall affix to the same, or retain thereon more than one day, any number contrary to the direction of the mayor and aldermen, or person so authorized, shall forfeit and pay a sum not less than one dollar, nor more than twenty dollars, and a like sum for every subsequent offence.
May 16, 1850.
platforms, to be
SECT. 3. Whenever any cellar door or the platform cellar doors and thereof shall project into any of the streets, lanes, alleys, kept in good public squares or places within the city, it shall be the duty Nov. 14, 1833. of the owners and occupants of the buildings or estate to which the same belong to keep the same in good repair. And if at any time the said cellar doors or platforms are out of repair, so that in the opinion of the mayor and aldermen the safety of the inhabitants is thereby endangered, the mayor and aldermen are hereby authorized to notify the said owners and occupants of the fact; and if said owners or occupants neglect or refuse for the space of twenty-four hours to repair the same, the said mayor and aldermen shall forthwith cause the same to be repaired at the expense of said owners or occupants, and said owners and occupants shall in case of such neglect or refusal as aforesaid, be