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Penalty.

Foul chimneys, how to be examined. Ibid.

their work and service in sweeping chimneys, shall not exceed the rates, which are or may be fixed and appointed by the mayor and aldermen. And if any person who shall not be appointed and licensed as aforesaid, shall presume, either by himself or by his apprentices, or others by him employed, to undertake the sweeping of any chimney in this city, excepting such as are in his own occupation, every such person shall forfeit and pay a sum not less than . one dollar, nor more than ten dollars, for every offence of which he shall be duly convicted. And no inhabitant of this city shall employ any person, (excepting his, or her own servant, being in his or her house,) to sweep any of his or her chimneys, within the city, other than one of the chimney sweepers appointed and licensed as aforesaid by the mayor and aldermen; and if any inhabitant of this city shall employ any person, other than the chimney sweepers appointed and licensed as aforesaid, in violation of the provisions of this ordinance, he or they shall forfeit and pay a fine not less than one dollar nor more than ten dollars.

Sect. 3. When and so often as complaint is made to the mayor and aldermen, by any chimney sweeper appointed and licensed as aforesaid, or by any inhabitant of the city, against any person or persons, that their chimneys are unsafe by reason of foulness, the mayor and aldermen, or any other person by them empowered, are hereby directed to inspect and view, or order to be inspected and viewed, and to them reported, every such chimney complained of as aforesaid; and if upon such view, inspection and report, the mayor and aldermen shall, either from their own view, or the report of the person appointed to view as aforesaid, judge the same to be unsafe and dangerous to make and keep fire therein by reason of foulness, the said mayor and aldermen shall give notice thereof to the person or persons in the possession or occupancy of the house or tenement to which such chimney or chimneys belong; and every occupier or occupiers of such house or tenement, shall forfeit and pay a sum not less than one dollar, nor more than twenty dollars, for every day in which fire shall be made and kept in such chimney or chimneys

Fires not to be kept in them.

June 4, 1850.

respectively, by such occupier or occupiers, after notice shall have been given them in manner aforesaid, until the same shall be properly and sufficiently swept. SECT. 4. If any chimney, stove pipe, or flue within the Penalty for

burning chimcity, shall take or be set on fire, the occupant of the house neys, &c. to which such chimney, stove pipe, or flue appertains, or the person or persons so setting the same on fire, shall forfeit and pay the sum of two dollars; provided, that it shall Proviso. be lawful for any person to set fire to, and burn his chimney, stove pipe, or flue, between sunrising and noon, if the buildings contiguous are wet with rain or covered with snow; and it shall be the duty of the chief or other engineers to report to the mayor and aldermen the name of every person liable to the penalty provided by this section, in their first returns thereafter.

COMMON AND PUBLIC SQUARES.

ORDINANCE.

5. Trees on the common or malls 1. Mayor and aldermen to have not to be injured, &c.

the care of the common, &c. 6. Filth, &c. not to be placed on 2. Police may remove offenders. the common, &c. 3. Horses not to be rode on the 7. Carpets where not to be shaken. common. Proviso.

8. Cattle, &c. not to go at large. 4. Sward, gravel, &c. not to be When to be impounded. taken from the common.

9. Penalties.

ORDINANCE OF THE CITY.1 Sect. 1. The mayor and aldermen shall have the care Mayor and al

dermen to have and custody of the common, public squares and public the care and fountains of the city, subject to such ordinances as may common, public

1 An ordinance in relation to the common, the public squares and public fountains of the city, passed May 13, 1850.

May 13, 1850.

Police officers may remove offenders.

rode on the common.

Proviso.

&c. not to be

common.

squares and pub- from time to time be adopted by the city council; but no

more money shall be expended on the same than is appropriated for that purpose by the city council.

Sect. 2. It shall be lawful for any police officer to remove from the common, or any of the public squares, any person, who is violating any law or ordinance, or is com

mitting any nuisance, or is guilty of any disorderly conduct. Horses not to be SECT. 3. No person shall ride, lead or drive any horse

in or upon the open grounds of the city, called the common, or in or upon any enclosed public square, unless by permission of the mayor and aldermen; provided, however, that on occasion of military exercise, parade or review, the introduction of any horses on the common, which may be necessary for the purpose of such exercise, parade and re

view, shall not be deemed an infraction of this ordinance. Sward, gravel, Sect. 4. No person shall dig or carry away any of the taken from the sward, gravel, sand, turf or earth in or from any part of

the common, common lands, or public squares, except by permission of the mayor and aldermen for some public use.

SECT. 5. No person, except by permission of the mayor not to be injur- and aldermen, shall climb, break, peel, cut, deface, either ed, &c.

by posting up bills of any description or otherwise, remove, 126, 342.

injure or destroy any of the trees, growing, or which shall hereafter be planted on the common, or either of the malls adjoining the common, or on the common lands of the city, or in any street or public place of the city.

SECT. 6. No person shall, in any manner, carry or cause to be carried into the common, or common lands, or any public square or place of the city, any dead carcass, ordure, filth, dirt, stones, or any offensive matter or substance whatsoever; and no person shall commit any nuisance in the said common, common lands, or any public square or place of the city.

Sect. 7. No person shall shake or otherwise cleanse any carpet on any of the common lands, or in any of the public squares or places, streets, lanes, or alleys of the city, except upon the common; and no person shall shake, or otherwise cleanse any carpet upon the said common, within ten rods of either of the malls or either of the public paths,

Trees on the

See also R. S.

Filth, &c. not to be placed on the common.

Carpets, where not to be shaken.

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to go at large.

made under the authority of the city government across the
same.

SECT. 8. No owner or keeper of any horse or grazing Cattle, &c. not
cattle shall suffer the same to go at large, or to feed upon
the common, or common lands, public squares, streets,
lanes, or alleys of the city, under the penalty hereinafter
provided. And any horse or cattle found at large, in said
city, not having a keeper, shall be liable to be impounded when to be im-

pounded.
by any field driver, and detained by him until the payment
of fifty cents, together with the cost and charges of im-
pounding and keeping the same.

Sect. 9. Any person who shall offend against any of Penalties,
the provisions of this ordinance, shall forfeit and pay for
each offence a sum not less than one nor more than twenty
dollars, to be recovered by complaint before the justices of
the police court.

CONSTABLES,

STATUTES.
i. Mayor and aldermen to ap-

point constables.
2. Persons injured by breach of

bond of constables, may main

tain actions in name of treas

urer. Proviso.
3. Copy of bond to be given to

persons applying for the same.

men to appoint constables.

1. The mayor and aldermen are empowered to appoint Mayor and alderannually, such a number of persons as constables as the public service may require ; and the said constables, so appoint- 1902, 110

1821, 110, Ø 13. ed, shall give bonds to the treasurer, in such sums, such conditions, as the said mayor and aldermen shall think proper, for the faithful performance of the duties of their office. By the act of 1802, constables in Boston have the same powers as were by law vested in constables chosen by the towns in this commonwealth. Such constables, in ad- 1807, 134, 83. dition to the usual condition of their bonds, shall also be bound to the faithful execution of all warrants committed to them by the treasurer and collector.

and on

Bond.

Powers.

Persons injured
by breach of
bond of consta-
bles, main-
tain actions in
name of treas-
urer.
1814, 165, 5 1.
1821, 110, $ 1.

Proviso.

2. When the condition of any bond, given to the treasurer of the city of Boston, by any constable of said city, for the faithful performance of the duties of his office, shall be broken, to the injury of any person, such person may cause a suit to be instituted upon such bond, at his own costs, but in the name of the treasurer of the city of Boston; and the like endorsements shall be made on the writ, and the like proceedings be had thereon, to final judgment and execution, and the like writs of scire facias, on such judgment, as may be made and had by a creditor on administration bonds, given to any judge of probate: provided, however, that no such suit shall be instituted by any person for his own use, until such person shall have recovered judgment against the constable, his executors or administrators, in an action brought for the malfeasance or misfeasance of the constable, or for non-payment of any moneys collected by the said constable, in that capacity, or a decree of a judge of probate, allowing a claim for any of the causes aforesaid, and such judgment or decree, or so much thereof as shall be unsatisfied, with the interest due thereon, shall be the proportion of the penalty for which execution shall be awarded: provided, however, that this act shall not be construed to make any surety in any bond given by the constable as aforesaid, before the passing of this act, liable to any suit,

which could not heretofore be legally prosecuted against him. Copy of bond to 3. It shall be the duty of the treasurer aforesaid, to sons applying for deliver an attested copy of any constable's bond to any 1814, 165,9 2. persons applying and paying for the same, and such attested

copy shall be received as evidence in any case: provided, nevertheless, that if in any suit, the execution of the bond shall be disputed, the court may order the treasurer to bring the original bond into court. 1

Proviso.

be giveu to per

the same.

i For general provisions respecting constables, see Rev. Stat., c. 15, § 33, 66-80; 1842, c. 37; 1845, c. 70; and 1847, c. 98. See also Taxes.

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