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Cellar doors to be lighted when open at night.

Defacing buildings, &c.

$42.)

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.

SECT. 4. Whenever any of the cellar doors before mentioned 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.

SECT. 5. Any person or persons, who shall be guilty of (See R. S. 126, defacing any building or buildings, fence, sign, or other 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.

Wooden buildings permitted in South and East Boston, under certain limitations. May 16, 1850.

Brick partition

walls to be put

up in certain

cases.

SECT. 6. It shall be lawful to erect wooden buildings in those parts of the city called South Boston and East Boston, which shall not be more than thirty-two feet high from the 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 the intervention of a brick partition wall, of at least eight 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

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

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Travellers, to
take the right
hand side of
roads, &c.

R. S. 51, § 1.
1 Pick. 345.
4 Pick. 125.

23 Pick. 201.
8 Metc. 213.

11 Metc. 403.

Bells to be used with sleighs. R. S. 51, $2.

Penalties, and

how to be re-
covered.
Ibid, § 3.

Drivers of stage
coaches, &c. not
to leave their

horses, without,
&c.
Ibid, $ 4.

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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.

2. No person shall travel on any bridge or road, with 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.

3. Every person, offending against the provisions of the two preceding sections, shall for each offence forfeit a sum 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.

4. If any driver of a stage coach, or other vehicle, for the conveyance of passengers for hire, shall, when any passenger is within or upon such coach or vehicle, leave the

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

com- Mayor and al

dermen may

orders for the

make adopt rules and appear regulation of

carriages.

S. J. C., March T.

5. The mayor and aldermen of any city in this monwealth shall have power, from time to time, to and adopt such rules and orders, as to them shall necessary and expedient, for the due regulation, in such 1847, 224, §1. 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, any other manner whatsoever; and whether such carriages 1849. 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.

11 Law Rep. 547.

1847, 224, § 2.

6. The mayor and aldermen of any city may annex Penalties. 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 Rules, &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

published.

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

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.

1850, 275.

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 carriage defined. May 13, 1850.

License required.

Mayor and aldermen may license and revoke.

Fee for license,
City marshal to

report.

HACKNEY CARRIAGES.

SECT. 1. Every hack, stage coach, omnibus, cab, chariot, 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.

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.

SECT. 3. The mayor and aldermen will, from time to 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.

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.

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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