SPECIAL LAWS RELATING TO THE CITY OF BOSTON. Buildings in Boston to be of slate. 1871, 280. Governor and Council to grant license to build with timber, in case, etc. AN ACT FOR BUILDING WITH STONE OR BRICK IN THE TOWN OF WHEREAS great desolations and ruines have sundry times happened by fires breaking out in the town of Boston, principally occasioned by reason of the joyning and nearness of the buildings, being mostly of timber and covered with shingle; for the better preventing of such accidents for the future, and damage and loss thereby, Be it ordained and enacted by the Governour, Council and Representatives, convened in General Court or Assembly, and it is enacted by authority of the same: [SECTION 1.] That henceforth no dwelling-house, shop, warehouse, brick or stone, barn, stable or any other housing of more than eight feet in length and covered with or breadth, and seven feet in heighth, shall be erected and set up in Boston, but of stone or brick, and covered with slate or tyle, unless in particular cases where necessity requires, being so judged and signified in writing under the hands of the justices and selectmen of the said town, or major part of both, the governour, with the advice and consent of the council, shall see cause to grant license unto any person to build with timber or cover with shingle. And if any person shall presume to erect, or cause to be erected, any frame or building contrary hereto, upon conviction thereof before two justices of the peace (quorum unus), such building shall be deemed a common nuisance; and the owner of such frame or building shall enter into a recognizance to demolish the same, and, in default of entring into such recognizance, shall be committed to prison until he do cause the same to be demolished, or else such building shall be demolished by order of the quarter sessions of the peace within the said county, and the charge thereof to be levied by distress and sale of such offender's goods, by warrant from the court of quarter sessions. Penalty for transgressing this act. Justices and selectmen to lay out streets, etc. 12 Allen 238. And it is further ordered and enacted: [SECT. 2.] That in all void and unbuilt places which shall hereafter be improved for building, or when at any time any total consumption or desolation shall happen in any street or lane within the said town, it shall be in the power of the justices of the peace of said town then in being, together with the selectmen, or the major part of both, to state and lay out such streets, ways, and passages as may be most for the conveniency and accommodation of the place; as also where any desolation has happened, to regulate and enlarge other tain the value of street. narrow and crooked lanes or passages. And where any particular A jury to ascer 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. 130 Mass. 317, 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 the chief mili down or blow ing down or 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 tary officers to military 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, the owner 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 Quinn 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.' to be paid. Preamble. Selectmen of Boston to appoint porters, -who are to wear badges numbered. Selectmen to state their wages. as porter without 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 selectmen, 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. [SECT. 3.] And be it further enacted, that whosoever, being admitted as a porter, as aforesaid, shall ask, take, and receive any Penalty for par- more than what the selectmen shall allow for any work or service, ties asking more 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 for their work selectmen. 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 goods 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 August 8, 1741. 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." St. 1796, c. 60. To have perpet ual succession. To have a seal and make bylaws. 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, 44; 1864, 128; 1868, 183; 1875, 73.] April 23, 1772. Foot walk to be one-sixth of the street's width, AN 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 |