tain the value of street. narrow and crooked lanes or passages. And where any particular A jury to Lacer persons shall have their land taken away or lessened thereby, a jury any person's of twelve men shall be appointed by two justices of the peace, and land laid to any sworn to ascertain the value thereof, to be paid by the person to whose land the same shall be added, or by the neighbourhood or town, in proportion to the benefit or conveniency any shall have thereby. And every person building, as aforesaid, with brick or stone shall have liberty to set half his partition wall in his neighbor's Party wall to ground so that he leave toothing in the corners of such walls for his stand half in the neighbour to adjoyn unto, who, when he shall build, such neighbour ground. adjoining shall pay for one half of the said partition wall, so far as 321. it shall be built against.' And in case of any difference arising, the selectmen shall have power to appoint meet persons to value the same or lay out the line between such neighbours. And whereas several houses and other buildings have been erected and set up since the year one thousand six hundred and eighty-eight, contrary to the law made by the general court of the Massachusetts Colony, It is hereby ordained and enacted by the authority aforesaid: [SECT. 3.] That every owner of such house or buildings so set up contrary to said law, shall cause the same to be covered with slate or tyle; or otherwise such houses or buildings shall be deemed a common nuisance, and the owner thereof proceeded against accordingly. neighbor's 130 Mass. 317, tary officers to down or blow ing down or house, the owner to be pai And be it further enacted and declared by the authority aforesaid: [SECT. 4.] That when any fire shall happen to break out either in Two or three of Boston or any other town within this province, two or three of the chief the chief millmilitary or civil officers of the same town shall, or may, and hereby order the pulling are impowred to give directions for the pulling down or blowing up ing up of houses any such house or houses that shall be by them adjudged meet to be to stop fire. pulled down or blown up for the stopping and preventing the further spreading of the same. And if it shall happen that the pulling down Where the fire is or blowing up any such house or houses by the directions aforesaid, stopped by pullshall be the occasion of stopping the said fire, or that the fire stop blowing up any before it come to the same, that then all and every owner of such house or houses shall receive reasonable satisfaction, and be paid for the same by the rest of the inhabitants whose houses shall not be burnt; who are hereby impowred to make such rate or rates, for the raising and levying such sum and sums of money as shall be thought convenient by the selectmen and justices of said town for that end; provided, always, that, if the house where the fire shall first begin Proviso. and break out shall be adjudged fit to be pulled down or blown up to hinder the further spreading and increase of the same, that then the owner of such house shall receive no manner of satisfaction for the same, anything in this act contained notwithstanding. October 25, 1692. 1" This provision does not appear to have been repealed, although other sections of the Province law have been modified or superseded by later statutes." GRAY, C. J., in Quïa v. Morse, 130 Mass. 321. In consequence of the above suggestion the act was printed, but while this book was going through the press the case of Wilkins v. Jewett, involving the validity of this provision, was decided, February 28, 1885, and the court, Chief Justice Morton delivering the opinion, say: "We are of opinion that this provision of the provincial statute was never in force in the Commonwealth of Massachusetts." Preamble. Selectmen of Boston to appoint porters, -who are to wear badges numbered. Selectmen to state their wages. as porter with out license. AN ACT FOR THE BETTER REGULATING PORTERS EMPLOYED WITHIN THE WHEREAS, the trade and business managed in the town of Boston, between the inhabitants thereof and others trafficking there, occasions many persons to resort to and attend about the wharves, docks and other parts of the town, to convey and carry goods, wares and merchandizes from place to place, some of whom are not so well known as such an employment requires, others of no good character, yet, ofttimes, have goods of a considerable value put into their custody for conveyance as aforesaid; and some taking upon them the business of porters, impose upon those making use of them, more especially strangers, by exacting exorbitant wages for their labour, or refusing business, tho not before employed, if they cannot have their unreasonable demands; therefore, to void such inconveniencies for the future, Be it enacted by His Excellency the Governour and Representatives in General Court assembled, and by the authority of the same: [SECTION 1.] That the selectmen of the town of Boston, for the time being, shall have full power and authority to order what number, and who shall be employed, and take upon them the business of carrying goods, wares and merchandizes, for pay or wages, as common porters within the said town; and what rate or price such persons shall ask, receive and take for their labour, service, and attendance, according to the distance of place or other circumstances, the selectmen shall order and ascertain; all which persons, so admitted by the selectinen, shall at all times, when in the service or doing the business of porters, wear a badge or ticket, with the figure of a pine-tree marked thereon, on some part of his upper garment or girdle; which badge or ticket shall be numbred, and a fair entry of each porter's ticket made in the selectmen's book, as also the wages they are to ask and receive, within ten days after the approbation of the selectmen as aforesaid. [SECT. 2.] And be it further enacted by the authority aforesaid, Fine for serving that whosoever shall presume to take up the business and employ of a common porter, and convey or carry goods and merchandize from place to place within the town of Boston, for hire or wages, without being admitted by the selectinen as aforesaid, shall forfeit and pay the sum of twenty shillings for every time he shall be convicted thereof before any one of his majesty's justices of the peace within the county of Suffolk, at Boston aforesaid; the one-half of which fine or forfeiture shall be disposed of to and for the use of the poor of the town of Boston, the other half to him or them that shall inform and sue for the same. Penalty for par ties asking more for their work electmen. [SECT. 3.] And be it further enacted, that whosoever, being admitted as a porter, as aforesaid, shall ask, take, and receive any more than what the selectmen shall allow for any work or service, shall, for every such exaction, forfeit and pay the sum of twenty than allowed by shillings, to be recovered and disposed of as by this act is already directed; and if any person, admitted and approved of as aforesaid, as a common porter, shall officiate or concern himself in the business of transporting goods or merchandize, not having his badge or ticket, Penalty for off shall, for every such breach of this act, forfeit and pay the sum of twenty shillings, to be recovered and disposed of as aforesaid. [SECT. 4.] Be it further enacted, that the selectmen shall require take security for and take bond of each one of the porters, admitted as aforesaid, with sufficient surety, in a sum not exceeding fifty pounds, for their ciating without badge. Selectmen to the porter's fidelity. ters to be removed. orderly and faithful acting in the business, more especially their safe conveying and delivering such gools as shall be committed to them; and that, upon complaint made to the selectmen, that any whom they Disorderly por may have admitted as aforesaid do not behave and conduct themselves orderly, peaceably and quietly towards their employers, it being made to appear, the party accused being seasonably notified thereof, such person may be removed, and other meet and orderly persons admitted in his room. [SECT 5.] Provided, this act be in force and so continue for the Limitation. space of seven years from the publication thereof, and no longer.1 AN ACT FOR INCORPORATING THE OVERSEERS OF THE POOR OF THE WHEREAS, many charitably disposed persons have given and be- Preamble. queathed considerable sums of money and other interest and estate to the poor of the town of Boston and their use, and many other persons are well inclined to make charitable donations to the same good purpose, but the overseers of the poor of the same town not being incorporated, the good intentions of those who have made and those who incline to make such charitable donations, have been either wholly frustrated or not carried into full effect, Be it therefore enacted by the Governor, Council, and House of Representatives, Poor incorpor [SECTION 1.] That the said overseers for the time being of the Overseers of the poor of the town of Boston in the county of Suffolk and province of ated. the Massachusetts bay be created, made, erected and incorporated 22 Pick. 122. into a body-politic by the name of the Overseers of the Poor of the Town of Boston in the Province of the Massachusetts Bay in New England, and that they and their successors in said office have a perpetual succession by said name. [SECT. 2.] Be it further enacted, that all and singular sum and Their power. sums of money, interest and estate, real or personal of what name or nature soever, heretofore given, or at any time hereafter to be given, granted, bequeathed or devised by any way or means whatsoever to the poor of the same town or to their use, not exceeding the sums and value in this act after mentioned, be and the same hereby is and shall be to all intents and purposes vested in the same Overseers and their said successors in their said corporate capacity; and they are hereby enabled in the same capacity to receive, manage, lease, let and dispose the same according to their best discretion to and for the use and benefit of the poor of the same town. [SECT. 3.] Provided, always, and be it hereby enacted, that Proviso. the said overseers shall not be able to receive or be capable of having or holding any moneys or personal estate of any kind or nature whatsoever at any time, above and beyond the sum and amount of sixty thousand pounds lawful money of this province, accounting and reckoning the whole moneys and value of all the personal estate, personal securities, and choses in action, which they shall own or be vested withal in their corporate capacity together. And that all gifts. and bequests of money or personal estate of any kind made to the said corporation, or which by the tenor of this act they might take 1 This act was continued from time to time until March 7, 1797, when it was made perpetual by an act entitled "An act to make perpetual sundry temporary acts." S. 1796, c. 60. To have perpet. ual succession. To have a seal and make by. laws. Acts done by a major part to be valid. or be vested with, shall be utterly void at all times hereafter when their whole stock in moneys, personal securities or choses in action, and personal estate which the said corporation shall have, own and be vested with the property of, shall, taken and reckoned together, amount to the said sum of sixty thousand pounds. [SECT. 4.] Be it further enacted, that the said overseers and their successors in said office by the name aforesaid have a perpetual succession; by that name to sue or be impleaded, by its said corporate name to purchase lands and hold them, not exceeding the sum of five hundred pounds lawful money by the year, and to manage, lease, bargain and sell, or otherwise dispose of, all or any part thereof, and do all other acts as natural persons may, as from time to time the said corporation shall judge best for the benefit, advantage and use of the said poor. [SECT. 5.] Be it further enacted, that the said corporation shall have a common seal and power, and the said corporation is hereby authorized to make by-laws and private statutes and ordinances not repugnant to the laws of the land, for the better government of the said corporation and its finances, to chuse a treasurer, clerk, and other subordinate officers, as from time to time shall be found necessary, and all or any of them again at pleasure to displace. [SECT. 6.] Be it further enacted, that all instruments which said corporation shall lawfully make by the name aforesaid, and sealed with their common seal, and all acts done or matters passed upon, by the consent of the major part of the said overseers for the time being, shall bind said corporation and be valid in law. [1802, 41; 1864, 128; 1868, 183; 1875, 73.] April 23, 1772. Foot walk to be one-sixth of the street's width, AN 1799. CHAPTER 31. ACT TO REGULATE THE PAVING OF STREETS IN THE TOWN OF Be it enacted, etc.: SECTION 1. [That all streets shall hereafter be paved in the town of Boston agreeable to the following regulations, viz.: the foot-path or and how paved. walk on each side of every street shall be of the breadth of one-sixth P.S. c. 50, §§ 20- part of the width of the whole street; and shall be laid or paved with R.O. c. 26, §§ 62- bricks or flat stones, and secured with a beam or cut stone along the 1833, 128. 25. 72. 16 Pick. 504. Provision for squares and narrow streets. Foot-walk to be paved where the cart-way 18. 1809. 28. outside thereof and the middle or remaining four-sixths of every street shall remain as a passage-way for carriages of burthen or pleasure; and shall have a gutter on each side thereof, or otherwise as the surveyors of highways in the said town shall determine, and shall be paved with good and sufficient paving-stones: provided, always, that if in any street so to be paved the sides shall not exactly range, the gutter, or outside of the foot-walk, shall be laid out as nearly in a straight line as the street will admit of: and in all squares and other large open spaces, and in all streets, the breadth of which shall not conform to this law, the breadth of the foot-walk, and the ascent and descent, and the crowning of the pavement in every street, shall be regulated by the surveyors of highways.] SECT. 2. [And be it further enacted, that where the cart-way in any public street shall be hereafter ordered to be paved, every owner of the lot or lots of ground upon such street shall, without delay, at his own cost, cause the foot-way in front of his ground to be paved with bricks or flat stones, and supported by timber or hewn stones, and kept in repair; the same pave. to be done under the direction of, and to the approbation of the surveyors of highways: and if the owner or owners of such lots shall neglect to pave with bricks or flat stones, and to support the foot-way, for the space of twenty days after he, or the tenant of such lot, or the attorney of the said owner or owners, shall have been Case of owners thereto required by any of the surveyors of highways, then it shall peglecting to be lawful for the said surveyors of highways, and they are hereby enjoined and required, to pave the said foot-ways with brick or flat stones, and to support and to defend the same, and to repair the same, and shall recover the whole amount thereof by action of the case, to be brought by the surveyors of highways, before any court proper to try the same: provided, nevertheless, that in all cases where Provision for applications may be made for new paving of streets, any individuals viduals. who may be affected thereby, may make their objections to the selectmen, or surveyors of highways, who are directed to take them into consideration while deliberating on the expediency of said application, and to pave the same at the expense of said town wherever they shall think it expedient: provided, also, that where there Planks may be are any vacant lots of land in any such streets, the surveyors of used before va highways may, at their discretion, allow the owner or owners thereof to cover the foot-path with planks, which shall be removed, and the brick or flat stone pavement shall be completed whenever it may become necessary in the judgment of said surveyors.] aggrieved indi cant lots. powered to 1870, 337. SECT. 3. And be it further enacted, that the selectmen of the Selectmen em said town of Boston for the time being, whenever in their opinion widen streets, the safety and convenience of the inhabitants of said town shall ete. require it, shall be, and they hereby are empowered, to lay out or 2 Pick. 162. widen any street, lane, or alley of said town, and for that purpose to remove any building or buildings of what nature soever; and the owner or owners of such building shall be entitled to receive compensation for the damages which he or they may sustain by such removal, which damages shall be ascertained, determined, and recovered in the way and manner pointed out in the act of this commonwealth, entitled "An act directing the method of laying out high- P.S. 49. ways." lated. 29. SECT. 4. And be it further enacted, that no canopy, balcony, platform of cellar-door, or step in any street, lane, or alley, in the Balconies, cellar town of Boston, shall project into such street more than one-tenth doors, etc., regu part of the width of the street, and in no case more than three feet; R.O. c. 26, §§ 28, and all cellar-doors hereafter to be made or repaired, shall be built 15 Mass. 217. with upright checks, and shall not project from the line of the house 117 Mass. 114. more than six inches: and if any proprietor or owner of any such canopy, balcony, platform or cellar-door, or steps, shall refuse or neglect to remove or take down the same, within five days after notice and direction given him or them by the surveyors of highways, or any person empowered by them to that purpose, such owner or proprietor shall forfeit and pay the sum of two dollars for each and every day the same shall remain after the expiration of the said five days. streets without surveyors of SECT. 5. And be it further enacted, that no post shall be Posts and trees erected or set in any of the streets of the said town of Boston not to be put in except at the corners or intersection of two streets, and in such consent of the other places as the surveyors of highways may authorize and highways. direct, and the said surveyors may remove the same: and no person shall plant any tree in any street in the said town of Penalty for Boston, without leave first obtained from the surveyors of high- rows, etc., on wheeling bar. ways, who shall have power to remove the same: ['and if any 1847, 224. foot-walk. person shall drive any horse or cart, or any wheel carriage of burthen R.O. c. 26, § 65. 1 This provision was repealed by St. 1847, c. 224. |