first Monday of April in the year in which he shall be elected, May 11, 1857. and until his successor is elected and qualified. They shall be removable at the pleasure of the city council, and vacancies may be filled at any time for the remainder of the term. They shall receive such compensation as the city council may from time to time determine.

intendents.

SECT. 3. It shall be the duty of each superintendent to take Duties of super charge of the bridge of which he is chosen superintendent, by Ibid. night and by day, and cause the draw thereof to be opened at all times, when required for the free passage of vessels, and to cause the same to be closed forthwith, and with all possible expedition, not permitting more than one vessel to pass at any one opening of the draw, unless the bridge shall be free of passengers while the draw is up; in which case he shall use his discretion as to the number of vessels to be permitted to pass, prior to the closing of the draw; and it shall also be within his discretion, to permit any vessel to pass through the draw, against the tide, when the wind is favorable. And each superintendent shall see that the bridge of which he is superintendent, and the abutments and wharves connected therewith, are at all times in a safe and satisfactory condition, and free from all incumbrances; that the lamps thereon are well lighted, that the railing and planks are in good order, and the snow and ice removed from the sidewalks in winter; subject, at all times, to the authority, control, and direction of the board of aldermen for the time being, relative to the duties hereinbefore expressed, and also relative to any other duties respecting said bridges and wharves, and the abutments connected therewith, which the said board of aldermen may, from time to time, order and prescribe.

superintendents.

SECT. 4. The several superintendents above named may ap- Assistant point their assistant superintendents, subject to the approval of the committee on bridges, and no assistant superintendent shall Ibid. be authorized to act as such until his appointment is duly certified by the committee on bridges to the board of aldermen. And said assistant superintendents shall be compensated for their services out of the salary of the superintendent whose assistant he is, unless otherwise provided by the city council.

SECT. 5. Any person or persons who shall deface, break, or Penalties for injure either of said bridges or wharves, or shall unnecessarily bridges, &c.

injuring

May 11, 1857, See Harbor, § 71, post.

open or obstruct the passage of either of the draws of said bridges, or shall make fast to such bridge, guard, or pier, any vessel, scow, raft, or float, or shall allow any vessel under his charge to pass through the draw without the consent of the superintendent of such bridge, shall, upon conviction thereof, pay a fine of not less than three dollars, and not exceeding fifty dollars.

SECT. 6. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Livery stables not to be erected

prosecute.

9. Further remedy.

certain limitations. Brick parti

tion walls to be put up, in certain

cases.

1. No building shall be erected within the city of Boston, and used and improved as a stable for the taking in and keeping horses or chaises or other carriages, upon hire or to let, comwithin 170 feet monly called livery stables, within one hundred and seventy feet of any church or meeting-house erected for the public worship

of any church.
1810, 124, § 1.
1 Gray, 163.

1 For buildings belonging to the city, see Public Buildings. For certain provisions respecting bow-windows, cellar doors, steps, &c., see Streets. See, also, Nuisances.

1860, 109.

of God,1 without the consent in writing of the proprietors of 1810, 124, § 1. such church or meeting-house, or of the religious society or parish worshipping therein, and the consent of the mayor and aldermen of the city of Boston.

1810, 124, § 2.

2. For any offence against the preceding provision, the Penalty. owner or owners, keeper or keepers of such building, shall forfeit and pay the sum of one hundred dollars for every calendar month during which the same shall be so used and improved, to be recovered by action of debt, one half thereof to enure for the use of the poor of the city of Boston, the other half thereof to him or them who shall sue for the same.

in maritime

licensed.

3. Whoever occupies or uses a building in any maritime Livery stables place for a livery stable, except in such part thereof as the towns to be mayor and aldermen or selectmen shall direct, shall forfeit a G. S. 88, § 31. sum not exceeding fifty dollars for every month he so occupies 1 Gray, 103. or uses such building, and in like proportion for a longer or shorter time.

authorized erec

stables.

G. S. 88, § 32.

4. Whoever erects, occupies, or uses a building for a stable Penalty for unfor more than four horses, in any city or town, except in such tion or use of part thereof as the mayor and aldermen or selectmen direct, shall forfeit a sum not exceeding fifty dollars for every month he so occupies or uses such building, and in like proportion for a longer or shorter time. And the supreme judicial court or any one of the justices thereof, either in term time or vacation, may issue an injunction to prevent such erection, occupancy, or use, without such direction.

more than six

forbidden, ex

tain restric

5. No wooden building of more than sixteen feet in height, Wooden buildfrom the ground or foundation thereof, shall be erected in the ings in Boston, city of Boston, except under the following limitations and teen feet high, restrictions, namely: the dimensions of such building on the cept under cerground not to exceed twenty-five feet by fifty feet; or, being in any other proportion, not to cover more than twelve hundred and fifty superficial feet of land; the walls not to exceed twenty feet in height from the under side of the sills, which sills may be three feet six inches above the level of the street, to the eaves

1 There was a proviso in this act, respecting stables then in part erected, which proviso has ceased to be material.

tions.

1835, 139, § 1.

(Accepted by

citizens, May Records of gen

13, 1835. Boston

eral meetings after 1830, p. 6.)

1835, 139, § 1.

Two or more

such buildings or within three

in connection,

feet, shall have

brick or stone

wall between
them.
Ibid. § 2.

of the roof; the roof, in the highest point thereof, not to rise more than thirty-two feet from the under side of the sills aforesaid, and there shall be at least one scuttle at or near the highest point of said roof.

6. When two or more such two-story buildings as are provided for in the preceding section shall be erected in connection, or within three feet of each other, or within three feet of any other wooden building, more than sixteen feet in height, there shall be an entire brick or stone wall between them, commencing from the foundation of said wall, and carried to the height of twelve feet above the level of the street, at least twelve inches in thickness, and the residue of said wall shall be at least eight inches in thickness; and in case any openings are made through said walls, the same shall be secured against fire by iron doors Proviso as to applied to such openings; provided, that such brick or stone walls may be dispensed with by consent, in writing, of the mayor and aldermen of the city of Boston, on what are commonly called the neck lands, in said city.1

neck lands.

Penalty.
Ibid. § 3.

1

7. If any person or persons shall violate the provisions of the two preceding sections, such person or persons, on conviction thereof, in any court competent to try the same, shall forfeit and pay for every such offence a sum not less than fifty nor more than five hundred dollars, and shall be liable to a like prosecution and penalty for each and every year after such conviction until said building or buildings, erected contrary to the provisions aforesaid, shall be removed or made to conform thereto; and the said penalties and forfeitures incurred by How recovered. virtue of this act may be recovered by indictment, to the use of the city of Boston, or by an action of debt in any court competent to try the same, one half to the use of the person or persons who shall sue therefor, and the residue to the use of the said city.2

1 The remainder of this section, as it stood in the original act, and the 5th section of the same act, were repealed by stat. 1850, c. 280, § 2.

2 The chief engineer of the fire department, as such, is a very proper person to commence a suit in order to insure obedience to this law regulating the erection of wooden buildings. But under the law, (G. S. ch. 155, § 20,) requiring actions on any penal statute, brought by a person to whom the pen

of engineers to

8. It shall be the duty of the board of engineers of the said Duty of board city to cause suits to be commenced without delay against each prosecute. and all who shall violate the provisions of the three preceding 1835, 139, § 4. sections, and to prosecute the same to final judgment.1

remedy.

9. An act passed March 27, 1847, provided, that any build- Further ing thereafter erected in the city of Boston, contrary to the pro- 1847, 132. visions of the four preceding sections, shall be deemed and taken to be a common nuisance; and the mayor and aldermen of the said city shall have the same power and authority to abate and remove any such building as are given to the board of health, in the tenth and eleventh sections of the twenty-first chapter of the Revised Statutes; provided, however, that nothing in this section shall be construed as affecting any remedies already given in the four preceding sections.

may authorize

10. The city council of the city of Boston may authorize the City council erection of wooden buildings in those parts of said city called and regulate South Boston and East Boston, upon such terms and conditions, wooden buildand subject to such limitations and restrictions, as they may and East Bosdeem expedient.*

ings in South

ton.

1850, 280, § 1.

cerning snow

of buildings. 1863, 86, § 1.

11. Cities and towns may make by-laws to prevent the fall- By-laws coning and to provide for the removal of snow and ice from the and ice on roofs roofs of buildings, in such portions of their limits and to such extent as they may deem expedient, and may annex penalties See, also, G. S. not exceeding twenty dollars, for any violation of such by-laws by the owner of any such building or his agent having the care thereof.

alty is given, in whole or in part, to be commenced within one year next after the offence is committed, and not afterwards, the action to enforce this penalty must be brought within a year after the commission of the offence. And the offence is committed as soon as the building is erected, whether complete or not, because it is then attended with all the dangerous consequences intended to be obviated. Barnicoat v. Folling, 3 Gray, 134, 135.

1 See note 2, p. 90.

2 The stat. of 1850, c. 280, § 2, repealed stat. 1817, c. 171, §§ 1, 2, 3, 4, 5, 7, 8, 15; 1821, c. 26, 31; 1822, c. 16; 1829, c. 34; so much of stat. 1835, c. 139, § 2, as relates to South Boston and East Boston, together with § 5 of the same

act.

19, § 13.