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further liable to a penalty of not less than one nor more than twenty dollars, for each and every day that said cellar door or the platform thereof shall continue to be out of

repair. Cellar doors to

SECT. 4. Whenever any of the cellar doors before menbe lighted when open at night. tioned are open or the platforms thereof removed at any

time during the night, it shall be the duty of the occupant of the cellar to which the same belongs, to cause a sufficient light to be so placed that the opening of said door or removal of said platform shall at all times during the night, be distinctly visible. And any person offending against the provisions of this section shall forfeit and pay a sum not less

than one nor more than twenty dollars. Defacing build- Sect. 5. Any person or persons, who shall be guilty of

, c. (See R. S. 126, defacing any building or buildings, fence, sign, or other 042.)

property, in the city, by cutting, breaking, daubing with paint, or in any other way defacing or injuring the same, shall upon conviction thereof, pay a fine not exceeding twenty dollars.

Sect. 6. It shall be lawful to erect wooden buildings in

those parts of the city called South Boston and East Boston, East Boston,

which shall not be more than thirty-two feet high from the May 16, 1850. ground to the highest part thereof; provided, however, that

no wooden building except for mechanical purposes shall be

erected in a range of more than fifty feet in extent, without Brick partition the intervention of a brick partition wall, of at least eight walin tertas put inches in thickness, such wall to extend six inches at least

above the surface of the roof; and no wooden building shall be altered for a dwelling house contrary to this provision. 1

Wooden buildings permitted in South and

under certain limitations.

cases.

1 For buildings belonging to the city, see Public Buildings. For certain provisions respecting bow windows, cellar doors, steps, &c., see Streets.

CARRIAGES.

out, &c.

STATUTES.

not to leave their horses, with1. Travellers to take the right hand side of road, &c.

5. Mayor and aldermen may adopt 2. Bells to be used with sleighs. rules and orders for the regula3. Penalties, and how to be re- tion of carriages. Proviso. covered.

6. Penalties. 4. Drivers of stage coaches, &c.,! 7. Fee for license.

HACKNEY CARRIAGES.

ry Line.

RULES AND ORDERS.

22. South Boston Line. 1. Hackney carriage defined. 23. East Boston Line. 2. License required.

24. Canton Street and Dock 3. Mayor and aldermen may li- Square Line. cense, and revoke.

25. Dover Street and Lowell Rail4. Fee for license. City marshal road Line.

to make quarterly report. 26. Dover Street and Chelsea Fer5. When license shall expire.

Shall not be transferred, with. 27. Dover Street and Fitchburg out, &c.

Railroad Line. 6. Who shall be liable.

28. Eastern Railroad Omnibus. 7. Neglect to take out license af- 29. Worcester Railroad Omniter it is granted.

buses. 8. Manner of marking and num- 30. Lowell Railroad Line. bering.

31. Cambridge Line. 9. No other number shall be used. 32. East Cambridge Line. 10. Carriage and horses shall not 33. Charlestown Lines. be left, unless in care of suita- 34. Dorchester Line.

35. Roxbury Line. 11. Shall not stand in any other 36. Roxbury Line, Tremont Road. place.

37. Jamaica Plain, Brighton and 12. Shall not stop so as to obstruct. Brookline Lines. 13. Driver, &c. shall wear a badge. 38. Chelsea Line. 14. Mayor may give directions for standing and route.

TRUCKS, WAGONS, &c. 15. Rates of fare.

39. License for trucks, wagons, &c. 16. Carriage not to be driven by a 40. Mayor and aldermen may liminor, unless, &c.

cense, and revoke. 41. Fee for license. City marshal

to make quarterly report. 17. Time for starting.

42. When licenses shall expire. 18. Stopping.

Shall not be transferred, with19. Receiving and carrying passengers.

43. Who shall be liable. 20. Shall not leave the route. 44. Neglect to take out license, af21. Routes established.

ter it is granted.

ble person.

OMNIBUSES.

out, &c.

45. Truck, &c., shall not be driven | 51. Bells required in certain cases.

by a minor, unless, &c. 52. Carriages shall not stop so as 46. Number of horses to one truck, to obstruct foot passengers, &c. &c. Proviso.

53. Manner of holding reins. Pace 47. Pace at which horses, &c., shall at which horses, &c., shall go. go.

54. Driver shall remain near, &c. 48. Length of trucks.

Shall not snap or flourish whip. 49. Weight of Load.

55. How trucks, &c., shall be placed.

Loading and unloading. CARRIAGES IN GENERAL. 56. Cart, &c., to be placed near side50. Carriage shall not remain long- walk. Not more than

er than five minutes, without range of carts, &c.
some person, &c., and not long- 57. Horses, &c., not to be fed in
er than fifteen in any case.
Physicians' carriages excepted.

one

streets, &c.

STATUTES.

Travellers, to
take the right
hand side of
roads, &c.
R. S. 51,0 1.
1 Pick. 345.
4 Pick. 125.
23 Pick. 201.
8 Metc. 213.
11 Metc. 403.

1. Whenever any persons shall meet each other on any bridge or road, travelling with carriages, wagons, carts, sleds, sleighs or other vehicles, each person shall seasonably drive his carriage or other vehicle to the right of the middle of the travelled part of such bridge or road, so that the respective carriages or other vehicles aforesaid may

pass each other without interference. Bells to be used 2. No person shall travel on any bridge or road, with with sleighs. R. S. 51, 02. any sleigh or sled drawn by one or more horses, unless

there shall be at least three bells attached to some part

of the harness thereof. Penalties, and 3. Every person, offending against the provisions of the

two preceding sections, shall for each offence forfeit a sum Ibid, g 3.

not exceeding twenty dollars, to be recovered on complaint before any justice of the peace, in the county where the offence shall have been committed; and he shall further be liable to any party for all damages sustained by reason of such offence; provided, that every such complaint shall be made within three months after the offence shall have been committed, and that every such action for damages shall be commenced within twelve months, after the cause of action

shall have accrued. Drivers of stage

4. If any driver of a stage coach, or other vehicle, for to leave their hot the conveyance of passengers for hire, shall

, when any pashorses, without,

seager is within or upon such coach or vehicle, leave the Ibid, 4.

how to be recovered.

&c.

horses thereof without some suitable person to take the charge and guidance of them, or without fastening them in & safe and prudent manner, he may be punished by imprisonment not exceeding two months or by fine not exceeding fifty dollars.

5. The mayor and aldermen of any city in this com- Mayor and almonwealth shall have power, from time to time, to make adopt rules and and adopt such rules and orders, as to them shall appear regulation of necessary and expedient, for the due regulation, in such 1847, 224, 99. city, of omnibuses, stages, hackney coaches, wagons, carts, drays, and all other carriages and vehicles whatsoever, used or employed, wholly or in part, in such city, whether by prescribing their routes and places of standing, or in Com. v. Stodder,

8.J.C., March T. any other manner whatsoever; and whether such carriages 1849.

11 Law Rep. 547. and other vehicles as aforesaid are used for burden or pleasure, or for the conveyance of passengers or freight, or otherwise, and whether with or without horse or other animal power; provided, that nothing contained in this act Proviso. shall be construed to abridge or impair the rights of cities to make such by-laws and regulations, touching the subjects above provided for, as they now possess, by virtue of their charters, or the amendments thereof. 6. The mayor and aldermen of any city may annex Penalties.

1847, 224, 32 penalties for the violation of any such rules and orders as are authorized in the preceding section, 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 Rulos, &c., to be such rule or order shall take effect, or go into operation, until the same shall have been published at least one week in some newspaper printed in such city or the county within which such city is included. 1 7. The mayor

and aldermen are authorized to demand Fee for license. and receive the sum of one dollar, and no more, for a

published.

1850, 275.

1 The third section of this act repeals stat. 1796, c. 32; the 7th section and part of the 5th section of stat. 1799, c. 31; and the 2d and 3d sections of stat. 1809, c. 28.

license to any person to set up and use within the city, any carriage or vehicle mentioned in the two preceding sections.

RULES AND ORDERS OF THE MAYOR AND ALDERMEN.1

HACKNEY

CARRIAGES.

ed.

Hackney car- SECT. 1. Every hack, stage coach, omnibus, cab, charriage defined. May 13, 1850. iot, coachee, barouche, landau, or other vehicle, whether

on wheels or runners, drawn by one or more horses, or other animal power, which shall be used in the city of Boston for the conveyance of persons for hire, from place to place within said city, shall be deemed a hackney carriage

within the meaning of these regulations. License requir

SECT. 2. No person shall set up, use or drive, in the city of Boston, any hackney carriage for the conveyance of persons for hire from place to place within said city, without a license for such carriage from the mayor and aldermen, under a penalty of not less than five nor more than

twenty dollars, every time such carriage is used. Mayor and al- SECT. 3. The mayor and aldermen will, from time to dermen may li

time, grant licenses to such persons, and upon such terms, as they may deem expedient, to set up, use or drive hackney carriages for the conveyance of persons for hire, from place to place within the city, and they may revoke such licenses at their discretion; and a record of all licenses so

granted shall be kept by the city marshal. Fee for license,

SECT. 4. For every license so granted there shall be make quarterly paid to the city marshal the sum of one dollar for the use

of the city; and the city marshal shall make a quarterly report to the mayor and aldermen of all sums so received, and shall pay over the same to the city treasurer.

cense and revoke.

report.

1 These rules and orders were published in the Boston Daily Advertiser one week, commencing May 15, 1850, and ending May 22, 1850.

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