FIRE-ARMS, BONFIRES, AND BRICKKILNS.

ORDINANCE.

2. Bonfires, &c., penalty for making

any.

1. Firing any gun, &c., within the 3. Brickkiln, &c., penalty for erect-
city, penalty for.
ing, making, or firing any.

ORDINANCE.1

&c., within the

for.

SECTION 1. No person shall fire or discharge any gun, fowl- Firing any gun, ing-piece, or fire-arms within the limits of the city of Boston, city, penalty under a penalty for every such offence of not less than one July 22, 1850. dollar, nor more than fifty dollars; provided, however, that this Proviso. section shall not apply to the use of such weapons at any military exercise or review, or in the lawful defence of the person, family, or property of any citizen.

penalty for

SECT. 2. If any person shall make any bonfire or other Bonfires, &c., fire in any of the streets, squares, commons, lanes, or alleys, making any. or on any wharf within the city, without the license of the Ibid. board of aldermen, he shall be punished by a fine not exceeding § 15. fifty dollars.

See ante, p. 207,

penalty for

any.

SECT. 3. No person shall erect, make, or fire, or cause to Brickkiln, &c., be erected, made, or fired, within any part of the city, any erecting, makbrickkiln or limekiln, without the license of the board of alder- ing, or firing men, under a penalty of not less than one dollar nor more than July 22, 1850. fifty dollars, and a like sum for every week he shall continue such kiln after notice to remove the same.

2

1 An ordinance in relation to fire-arms, bonfires, and brickkilns, passed July 22, 1850.

2 Two sections of the ordinance of July 22, 1850, relating to the keeping, selling, or firing of rockets or other fireworks are omitted, as by the special act of 1853, c. 154, all matters relating to fireworks in this city are placed under the control of the board of engineers. See ante, p. 209, §§ 24, 25.

ORDINANCE.

FUEL.

1. Committee of city council shall
make contracts for fuel. Shall
advertise for sealed proposals.

2. Fuel shall be weighed or measured. Superintendent of public buildings shall attend to delivery, &c.

Committee of

city council

May 8, 1843.

Feb. 9, 1846.

for sealed proposals.

ORDINANCE.'

SECTION 1. All contracts for wood, bark, coal, and other shall make con- fuel for the use of the city, in each and every of its respective tracts for fuel. branches and departments, as well for the use of the public schools and primary schools, as all other public buildings and offices, excepting the several institutions at South Boston and Deer Island, shall be made by a committee of the city council, Shall advertise whose duty it shall be to advertise in the public newspapers in which the city ordinances are printed, for sealed proposals for furnishing the same, at least one week previously to making any contract for the same, and the proposals shall contain the terms for which each particular description of fuel will be furnished, separately and distinctly; and such proposals being considered, shall be accepted, or rejected, according to the terms, as may be deemed advisable by said committee; and the contract so made shall provide for the delivery of the same at such different times and in such places as may be required by the superintendent of public buildings during the year; and such contract shall be made annually, between the months of May and September.

Fuel shall be weighed or measured. May 8, 1843.

Superintend

SECT. 2. All fuel of every description which shall be contracted for, shall, previously to the delivery thereof, be weighed or measured by a weigher or measurer appointed for that purpose by the city; and it shall be the duty of the superintendent buildings shall of public buildings to attend to the delivery and reception of the same, and to give certificates therefor, as the same is delivered, to the end that the proper quantity and quality may be ascer

ent of public

attend to delivery, &c.

1 An ordinance regulating the purchase of fuel for the use of the city, passed May 8, 1843, and February 9, 1846.

tained to have been received by the committee; and it shall be May 8, 1843. the duty of the chairman of said committee to certify the bills of the same previously to the payment thereof.'

GUNPOWDER.

Penalty for keeping or selling
gunpowder, contrary to law.

16. Fines, &c., shall inure to the use
of the engineers. Proviso.

in force. Engineers may rescind 17. When gunpowder, less than ten
same. Fees for license.

8. Engineers may establish rules

1 For the liabilities of officers and agents of the city, see ante, p. 124, § 1.

19. Wilful and malicious explosion | 22.

of gunpowder forbidden.
alty.

Pen- 23.
24.

20. Persons forbidden to throw into
or against any dwelling-house, 25.
&c., gunpowder, or other explo-
sive substance. Penalty.

Casks to be marked.
Penalty for falsely marking.
Cities, &c., may order how gun-
powder, &c., shall be kept.
Justices, &c., may issue warrants
for searching places for gunpow-
der, &c., unlawfully kept.

21. Quality and size of casks, &c., 26. Penalty for unlawfully keeping for gunpowder.

gunpowder, &c.

STATUTES.

Taking loaded arms into

alty of ten

pounds.
1782, 46, § 1.
1850, 262, § 3.

1.

If any person shall take into any dwelling-house, stable, houses prohib- barn, out-house, warehouse, store, shop, or other building within ited, under pen- the city of Boston, any cannon, swivel, mortar, howitzer, cohorn, or fire-arm, loaded with or having gunpowder in the same, or shall receive into any dwelling-house, stable, barn, out-house, store, warehouse, shop, or other building within said city, any bomb, grenade, or other iron shell, charged with, or having gunpowder in the same, such person shall forfeit and pay the sum of ten pounds, to be recovered at the suit of the engineers in an action of debt before any court proper to try the same; one moiety thereof to the use of said engineers and the other moiety to the support of the poor of said city.

Loaded arms in houses may be

neers.

1782, 46, § 2. 1850, 262, § 3.

2. All cannons, swivels, mortars, howitzers, cohorns, fireseized by engi- arms, bombs, grenades, and iron shells of any kind that shall be found in any dwelling-house, out-house, stable, barn, store, warehouse, shop, or other building, charged with or having in them any gunpowder, shall be liable to be seized by either of the engineers of said city; and upon complaint made by the said engineers to the court of common pleas, of such cannon, swivels, mortars, or howitzers, being so found, the court shall proceed to try the merits of such complaint by a jury; and if the jury shall find such complaint supported, such cannon, swivel, mortar, or howitzer shall be adjudged forfeit, and sold at public auction, and one half of the proceeds thereof shall be disposed of to the engineers and the other half to the use of the poor of the city of Boston. And when any fire-arms, or any bomb, grenade, or other shell shall be found in any house, out-house, barn, stable; store, warehouse, shop, or other building, so charged or having

To be sold at public auction

if adjudged for

feit upon their

complaint. Ibid.

gunpowder in the same, the same shall be liable to be seized in 1850, 262, § 3. manner aforesaid; and on complaint thereof made and supported before a justice of the peace, shall be sold and disposed of as is above provided for cannon.

3. Appeals were provided for in prosecutions under the two Appeals. preceding sections, as was usual in other cases.

1782, 46, § 3.

much may be

or State officer,

1813, 143, § 1.

4. No commissary, or any other officer or officers, or any Powder, how person or persons in the service of the United States, or acting kept by any in the department of commissary or quarter master general of United States this commonwealth, shall be permitted to have, keep, or possess and where. within the city of Boston, a greater quantity of gunpowder than four hundred pounds; and the powder so had and possessed within the said city shall be kept in a place approved of by the engineers of the said city, either under ground in a vault, or in a stone or brick building secured against explosion by fire.

1850, 262, § 3.

above provis

seized by engi

1813, 143, § 2.

5. Any gunpowder which shall be found in the possession Powder kept of, or which may be had or kept within the city of Boston by contrary to any officer or officers, or any person or persons whatsoever ion, may be acting in behalf or under the authority of the United States, or neers and sold. by any agent or servant of such officers or persons, and all 1850, 262, § 3. gunpowder possessed, had, or kept by any officer of the commissary or quarter-master general's departments of the State of Massachusetts, or persons acting under the authority of these departments, contrary to the provisions of the preceding section, may be seized by any two or more of the engineers of the city of Boston, and the same may be libelled and condemned and sold, and the proceeds thereof distributed, as is by law provided see § 16. for the forfeiture of gunpowder in other cases within said city.

exceeding one

two hundred

wharf, or on

6. No person, except on military duty in the public service Gunpowder of the United States, or of this commonwealth, shall keep, pound not to have, or possess in any building or in any place, or in any be kept within carriage, or on any wharf or on board of any ship or other yards of any vessel within two hundred yards of any wharf, or of the main the main land. land in the city of Boston, gunpowder, in any quantity exceed- 1833, 151, § 1. ing one pound, in any way or manner other than by this and the eight following sections, and by the rules and regulations. hereinafter mentioned, may be permitted and allowed. And