Chap. 0036 An Act establishing a Fire Department in the Town of Lowell.

bEC 1. Be it enacted by the Senate and House of Representatives,^ General Court assembled, and by the authority of the same, That the Fire Department of the Town of Lowell shall hereafter consist of a Chief Engineer, and as many Engineers and Fire Wardens, not exceeding twelve in number, as the selectmen of said town shall annually, on the first Wednesday of April, appoint, who shall hold their office for the term of one year from the first day of May next succeeding their appointment; also of as many Engine men, Hose men, Hook and Ladder men, as said selectmen shall annually, on said first Wednesday in April, or as soon after as may

be, appoint: Provided, that the number of fire-men so appointed shall not exceed fifty men to each and every Hydraulion, thirty-five men to each and every common engine, and five men to each and every hose carriage, and that the number of hook and ladder men shall not exceed fifty, and that the number of hose men shall not exceed fifty.

Sec 2. Be it further enacted, That the selectmen of said Lowell shall have power to fill any vacancy which may occur at any time in said Fire Department, give certificates of all their appointments, and fix and ordain, from time to time, the powers-and duties of the Chief Engineer and Engineers and Fire Wardens respectively, in relation to fire engines and all other fire apparatus belonging to or used in said town, and also to fix and ordain, from time to time, such rules and regulations, as may be deemed expedient for the conduct of said Fire Department, and of the citizens present at fires, and to annex penalties for the breach of any rules or regulations they may so fix and ordain, not exceeding twenty dollars.

Sec. 3. Be it further enacted, That the Chief Engineer and Engineers and Fire Wardens, so appointed, shall have the same powers and authorities, relative to the pulling down and demolishing any house or other building to prevent the spreading of fires, and also relative to all other matters and things affecting the extinguishment and prevention of fires, as fire wardens now by law have. And the said town of Lowell shall be liable to pay all such reasonable compensation for damage done by or consequent upon the directions, or acts of said Chief Engineer, Engineers and Fire Wardens as other towns in this Commonwealth are liable to pay in like cases, for like acts and directions, done or given by their Fire Wardens : and all fines and forfeitures arising within the said town of Lowell under the laws of this Commonwealth, relative to the extinguishment of, or proceedings at fires, shall be distributed in such way and manner, and applied

to such uses as said town of Lowell shall ordain and determine, any thing in said laws to the contrary notwithstanding.

Sec. 4. Be it further enacted, That each and every member of said Fire Department shall be exempted from military duty and service in the militia of this Commonwealth, so long as he shall continue a member of said Fire Department: and every person so exempted shall be holden to produce, within thirty days after he shall have been appointed a member of said department, and annually in the month of April then after, to the commanding officer of the militia company within whose bounds he may reside, a certificate from one of the selectmen of said town of Lowell, setting forth that he is a member of said Fire Department.

Sec. 5. Be it further enacted, That, from and after the organization of a Fire Department in said town of Lowell, agreeably to the provisions of this act, and notice of the same being given in the Lowell Journal, published in said Lowell, hyy the selectmen thereof, all the laws of this Commonwealth relating to the election and appointment of Fire Wardens, so far as they affect such election and appointment in said town, shall be, and hereby are repealed.

Sec. 6. Be it further enacted, That the provisions of this Act shall take effect so soon as the same shall have been accepted by a majority of the citizens of said Lowell qualified to vote in town affairs, at a meeting legally notified for such purpose, and shall continue in force until modified or repealed by the Legislature of this Commonwealth.

[Approved by the Governor, February 6, 1830.]