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License to be

granted to

only.

Dec. 31, 1861,

SECT. 17. No license shall be granted for any hackney car

owner or lessee riage, truck, wagon, dray, cart, hand-cart, sleigh, sled, handsled, or other vehicle whatsoever, for the conveyance of passengers or property for hire within the city except to the owner or Penalty for any lessee thereof. If any person other than the owner or lessee take out license, thereof shall take out a license for any such carriage, truck, wagon, dray, cart, hand-cart, sleigh, sled, hand-sled, or other vehicle, he shall be liable to a penalty not exceeding twenty dollars for each offence.

other person to

Ibid.

Owner or lessee ceasing to be

such shall surrender license.

Ibid.

Persons prohib

ited from riding

carriage or plat

When any owner or lessee of such carriage, truck, wagon, dray, cart, hand-cart, sleigh, sled, hand-sled, or other vehicle, who has received a license therefor, shall cease to be such owner or lessee, he shall, within ten days after ceasing to be such owner or lessee, surrender his license to the chief of police, under a penalty not exceeding twenty dollars.

SECT. 18. Whoever shall ride upon the steps of any omnion steps, &c., of bus, or upon any hackney carriage, truck, wagon, dray, cart, form of horse sleigh, or sled, without permission of the driver thereof, or upon the platform of any horse-car, without the permission of the driver or conductor thereof, shall be liable to a penalty not exceeding twenty dollars for each offence.

car without

leave.

Penalty.
Ibid.

Time for start-
ing.
June 27, 1855.

OMNIBUSES.1

SECT. 19. Each license of any omnibus belonging to any line may specify the time that said omnibus shall leave

1 Under the provisions of the act of 1847, c. 224, the mayor and aldermen of the city of Boston have authority to make regulations as to the use of omnibuses and stage-coaches, for the transportation of persons for hire from Roxbury to Boston and from Boston to Roxbury, while passing over and using the public streets of Boston; if, in the opinion of the mayor and aldermen, from the character of such vehicles, as to size, numbers, or mode of use, they would otherwise endanger or greatly incommode the public generally, who have occasion to use such public streets; and such regulations may prescribe certain streets as the route of travel for the vehicles mentioned in the same, and may provide for their exclusion from certain other streets; provided such regulations are necessary and expedient for the due regulation," within the city of Boston, of the omnibuses and other vehicles therein specified. Commonwealth v. Stodder, 2 Cush. 562, (1848).

the stand, and no omnibus shall leave the stand designated June 27, 1855. for it until five minutes have elapsed after the departure

of the omnibus immediately preceding, under a penalty of not less than two nor more than twenty dollars for each offence.

Ibid.

SECT. 20. No owner or driver of any omnibus belonging to stopping. any line shall stop his omnibus on any part of the route assigned thereto, unless called to take or to leave a passenger, and then for no longer time than may be sufficient for such passenger to take his or her seat, or to leave such carriage, under a penalty of not less than two nor more than twenty dollars for each offence.

gers.

SECT. 21. The driver of every omnibus, when passing through Receiving and Washington, Court, and Hanover Streets, shall receive and leave leaving passen passengers on his right side of said streets only, under a penalty Ibid. of not less than two nor more than twenty dollars for each offence.

the route.

SECT. 22. No owner or driver of any omnibus shall drive Shall not leave his omnibus, or permit the same to be driven on any other route Ibid. or streets than those that have been or may hereafter be designated and established by the board of aldermen, under a penalty of not less than ten nor more than twenty dollars for each offence.

TRUCKS, WAGONS, &c.

trucks, wagons, &c.

June 27,

1855.

SECT. 23. Every truck, wagon, dray, cart, hand-cart, sleigh, License for sled or hand-sled, and every other vehicle which shall be used within the city of Boston, for the conveyance from place to place within the said city, of wood, coal, lumber, stone, brick, sand, gravel, clay, dirt, rubbish, goods, wares, furniture, merchandise, building materials, or article or thing whatsoever, whether of a like description or not, shall be licensed, as hereinafter provided, and shall have placed upon the outside, and upon each side of the same, the name of the owner and the number of the license, in plain legible words and figures, of not less than one and one half inches in size, and so that the name may be dis

June 27, 1855. tinctly seen; and if the owner of any such vehicle shall use, or suffer the same to be used, or if any other person shall use any such vehicle without being licensed as hereinafter provided, or without having the name and number so placed as aforesaid, they or either of them shall be liable to a fine of not less than three dollars nor more than twenty dollars for each offence.

Board of alder-
men may
license, and
revoke.
Ibid.

Record.

Fee for license.
Ibid.

When licenses shall expire. Shall not be transferred, without, &c. Ibid.

Who shall be
liable.
Ibid.

Neglect to take

it is granted.

Ibid.

SECT. 24. The board of aldermen will, from time to time, grant licenses to such persons and upon such terms as they may deem expedient, to have a stand for, to use and to drive any such vehicle as aforesaid within the city of Boston, and they may revoke such licenses at their discretion; and a record of all licenses so granted, shall be kept by the chief of police.

SECT. 25. For every license so granted there shall be paid to the chief of police the sum of one dollar for the use of the city; and the chief of police shall pay over the same to the city treasurer quarterly.

SECT. 26. All licenses granted as aforesaid shall expire on the first day of July next after the date thereof, and no license of any vehicle which has a stand in any street or square shall be sold, assigned, or transferred, without the consent of the board of aldermen, indorsed thereon by the chief of police.

SECT. 27. The person in whose name a license is taken out for any such vehicle shall, for all the purposes of these orders, be considered as the owner of the same, and liable to all the forfeitures and penalties herein contained, unless, upon the sale of any such vehicle, notice be given thereof to the chief of police, and the license delivered up to him.

SECT. 28. Any person who may be licensed as aforesaid, out license after either as owner or driver of any of the before-mentioned vehicles who shall continue to use any such carriage or other vehicle, and shall neglect or refuse to take out his license within thirty days after notice that the same has been granted, shall be liable to a fine of not less than one dollar, and not more than twenty dollars, for each and every day thereafter that he or they shall refuse or neglect to take out said license.

Truck, &c. shall

SECT. 29. No truck, cart, wagon, or other vehicle, used for not be driven by any of the purposes mentioned in the 23d section, shall be driven by any minor unless he be specially licensed by the board of

a minor, unless, &c.

Ibid.

aldermen as a minor; and if any owner or other person having June 27, 1855. the care of any such vehicle, shall suffer or permit an unlicensed minor to drive any such vehicle, he or they shall be liable to a

fine of not less than two nor more than twenty dollars for each offence.

horses to one

SECT. 30. Not more than two horses shall be harnessed to, Number of and permitted to draw any truck or sled in or through any of truck, &c. the public streets, squares, lanes, or alleys of the city, and not Ibid. more than three horses shall be harnessed to and permitted to draw any cart, wagon, or dray in or through any of the public streets, squares, lanes, or alleys of the city, unless in either of the above cases, for the carriage of any one single article exceeding two and a half tons in weight, and which cannot be divided, under a penalty of not less than five, nor more than twenty dollars; provided, that the board of aldermen may grant permis- Proviso. sion upon any special application for that purpose, for more than two horses to draw any truck or sled, and for more than three horses to draw any cart, wagon, or dray, when they may think it reasonable or necessary; provided, also, that four horses or other beasts may, without such special permission, be attached to and permitted to draw any wagon employed to transport loads out of the city into the country, or from the country into the city; said four horses or other beasts being yoked in pairs, or so harnessed that two shall travel abreast.

horses, &c.,

3 Pick. 462.

Thacher's

Crim. Cas, 100,

SECT. 31. All drivers, and other persons having the care and Pace at which ordering of any truck, cart, wagon, sled, or dray, passing in or shall go, through the streets, squares, or lanes of the city, shall drive their Ibid. horses or beasts at a moderate foot pace, and shall not suffer or permit them to go in a gallop or trot; and such drivers or other persons shall hold the reins in their hands to guide and restrain such horses or beasts, or they shall walk by the head of the shaft, or wheel-horse, either holding or keeping within reach of the bridle or halter of the horse or other beast. And any person offending against either of the provisions of this section shall be liable to a fine of not less than five dollars nor more than twenty dollars for each offence.

trucks.

SECT. 32. No truck shall be used in this city, the length Length of whereof from the end of the shaft to the extreme end of the

Ibid.

Weight of load.
Ibid.

side shall be greater than twenty-four feet and six inches, under a penalty of not less then five nor more than twenty dollars every time such truck is used.

SECT. 33. No person shall cause to be carried on any truck or cart any load the weight whereof shall exceed three tons; or on any wagon, any load the weight whereof shall exceed three tons; excepting the load which may consist of an article which cannot be divided; and any person violating either of the provisions of this section shall be liable to a fine of not less than ten nor more than twenty dollars for each offence.

Carriages shall

not remain

longer than five

out some per

son, &c., and

twenty minutes

in any one case. Commonwealth v. Robertson,

5 Cush. 438.

SECT. 34.

CARRIAGES IN GENERAL.

No owner, driver, or other person having the care or ordering of any chaise, carryall, hackney carriage truck, minutes with cart, wagon, hand-cart, sleigh, sled, hand-sled, or any other vehicle whatsoever, new or old, finished or unfinished, with or not longer than without a horse or horses, or other animal or animals harnessed thereto, shall suffer the same to stop in any street, square, lane, or alley of this city more than five minutes without some proper person to take care of the same, or more than twenty minutes in any case; and any person so offending shall be liable to a fine of not less than three nor more than twenty dollars for each offence. But this section shall not apply to the carriages of physicians while visiting the sick, or to the vehicles of market and provision men who may stand with the same without the limits of Faneuil Hall Market, until 11 o'clock in the forenoon, at such places in the city as the board of aldermen may designate, for the purpose of vending provisions.

Exceptions.

Dec. 17, 1855.

Bells required in certain cases. June 27, 1855.

Carriages shall

SECT. 35. No carriage, or vehicle of any description, whether of burden or pleasure, shall be driven through any part of the city of Boston during any time that the snow or ice shall be upon or cover the streets, squares, lanes, or alleys of the said city, unless there shall be three or more bells attached to the horse or horses, or some part of the harness thereof, under a penalty of not less than three nor more than twenty dollars for each offence.

SECT. 36. No owner, driver, or other person having the care

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