Chap. 0171 An Act to secure the town of Boston from damage by Fire.

Sec. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this act, no house or building of any kind whatsoever, which shall be more than ten feet high, from the ground to the highest point in the roof thereof, shall be erected or built within the town of Boston, unless all the external sides and ends thereof shall be built or composed of brick or stone; except so much as may be necessary for doors and windows; and unless the roofs of all such houses or buildings shall be entirely covered with slate, tile, or some incombustible composition, and the gutters secured effectually against fire; and no brick or stone wall shall be deemed sufiicient,

within the meaning of this act, unless the same shall he at least twelve inches thick in the lower story, and eight inches thick above the lower story; and all additions which shall be made to houses or buildings already erected, and all houses or buildings which shall be erected on old foundations, in part or in whole, shall •be deemed and considered within the restrictions and regulations of this act : Provided nevertheless, that upon any wharf, marsh, or other place, where no sufficient foundation can be obtained, without unreasonable expense, on permission of the Firewards of said town, or the major part of them, in writing, wooden houses or buildings, of not more than two stories high, may be erected, which shall be covered on all sides with slate, tile, or lime mortar, and filled in with bricks laid in mortar, and the roofs and gutters shall be secured as before directed.

Sec 2. Be it furttier enacted, That in all cases where one dwelling house, ware house, store, mill, stable or other building, above ten feet high, is separated from another dwelling house, or ware house, or store, or mill, or stable, or other building, above ten feet high, by a partition, such partition shall be built of stone or brick, and shall be twelve inches thick in the lower story, and eight inches thick above the lower story, and shall be built up as far as may be necessary in order to cover or cap the same with flat stones above the roof ; and such wall shall be entirely covered or capped with flat stones, at least two inches in thickness above the roof ; and every person offending against this section, shall forfeit and pay a sum not exceeding one hundred dollars, nor less than fifty dollars.

Sec 3. Be it fv.rther enacted, That no wooden building more than ten feet high shall be removed from auy part of the town of Boston, to any other place within the same town, without the permission of the Firewards of said town, or the major part of them, under such restrictions and provisions as they shall prescribe ;. nor shall any wooden building heretofore erected within the said town, and not now used as a dwelling house, be hereafter occupied as a dwelling house, or for any other purpose than that to which it is now applied, without the permission of the Firewards, as aforesaid.

. Sec. 4. Be it further enacted/ That every person who shall erect or add to, or cause to he erected or added to, any building in said town of Boston, contrary to the true intent and meaning of this act, and every person owning such building so unlawfully erected, and any person who shall remove or alter, or cause to be removed or altered, any building as aforesaid, and every person who shall hereafter use and occupy as aud for a dwelling house, any wooden building, heretofore erected within the said town, and not now used or intended for a dwelling house, or shall convert the same to any other purpose than that to which it is now applied, without permission first had and obtained from the Firewards of said town, or the major part of them; every person, in either wise so offending, shall forfeit and pay a fine not less than fifty dollars, nor more than five hundred dollars, according to the nature and aggravation of the offence.

Sec. 5. Be it further enacted, That in addition to the fines above mentioned, there shall be laid and assessed upon every house or other building which shall be erected contrary to the true intent and meaning of this act, the sum of fifty dollars annually, and •very year, until such building or addition thereto shall be effectually secured against fire, and made to conform to the provisions of this act. And it shall be the duty of the Firewards of the said town of Boston, to return to the Assessors of said town annually, a list of all such houses or other buildings erected contrary to the provisions of this act, together with attested copies of the record of the conviction of any person or persons for such offence ; and thereupon it shall be the duty of the said Assessors, to assess upon the owner or owners of the said building or buildings, the sum of fifty dollars for each and every successive year thereafter, until said house or building shall be made conformable to the provisions of this act, which sum shall be payable by the person or persons by whom said house or building shall be owned, and shall be collected in the same manner as other taxes are collected : Provided nevertheless, that no such house or building shall be subjected to such annual tax, until an attested copy of said conviction shall have been duly recorded in the

office of the Register of Deeds for the county of Suffolk, whose duty it shall be to receive and record the same.

Sec. 6. Be it further enacted, That if any person .or persons shall, within the said town of Boston, roast or cause to be roasted, any cocoa, for the purpose of manufacturing the same into chocolate, in any building whatever, excepting such as may or shall be licensed for that purpose, by the major part of the Firewards of the town aforesaid, he, she or they, shall forfeit and pay, for every such offence, a sum not exceeding five hundred dollars, nor less than two hundred dollars. '

Sec. 7. Be it further enacted, That all houses or buildings within the said town of Boston, which have been or which shall hereafter be erected in the manner described in this act, and which are now, or which may hereafter be covered with slate, tile, or other incombustible composition, shall continue to be so covered with slate, tile, or other incombustible composition, and shall be kept effectually secured against fire, in manner as is herein before described. And if any person or persons, being owner or proprietor of any house or other building, or having authority, or whose duty it shall be to repair the same, shall hereafter suffer his, her or their house or other building to remain in whole or in part uncovered with slate, tile, or other incombustible composition, for the space of thirty days after he, she or they shall have been notified to repair or cover the same, by the Firewards of the town of Boston, he, she or they shall forfeit and pay for such offence a sum, not exceeding one hundred dollars, nor less than twenty dollars, and shall be subject to a like fine for every thirty days afterwards, that such house or building shall be by him, her or them suffered to remain so uncovered, in the manner required by this act.

Sec 8. Be it further enacted, That whenever any house or other building within the said town of Boston, hereafter erected, shall be found to have been erected; contrary to the provisions of this act, the owner or owners of such house or building, or other person lawfully holden to keep the same in repair, shall be held and required to alter and make such house or building to conform to the provisions of this act.   And any person

or persons as aforesaid, who shall suffeiv his, her or their house or other building to be and remain not conformable to the provisions of this act, for the space of thirty days, after he, she or they shall have been notified by the Firewards of the said town thereof, shall forfeit and pay for such offence, a sum not exceeding one hundred dollars, nor less than twenty dollars, and shall be subject to a like fine for every thirty days afterwards, that such house or building shall be by him, her or them suffered to remain out of repair, and exposed to fire as aforesaid, and not conformable to the provisions of this act.

Sec. 9. Be it further enacted. That every tar kettle, which shall be made use of in said town, for the purpose of boiling tar, for the use of any rope walk, and every kettle, boiler or copper, for the use of any caulker, graver, ship carpenter, tallow chandler, soap boiler, painter, or other like artificer, shall be so fixed as to prevent all communication whatsoever between the contents of such kettle, boiler or copper, and the fire, and that the fire place under every such tar or other kettle, boiler or copper, shall be constructed with an arch built over the same and secured by an iron door, in such manner as to enclose the fire therein ; and every person who shall erect any tar kettle or other kettle, boiler or copper, or use the same for any or either of the purposes aforesaid, contrary to the provisions of this act, shall for every such offence, forfeit and pay a sum not exceeding three hundred dollars, nor less than fifty dollars, according to the degree and aggravation of the same.

Hec. 10. Be it further enacted, That every person who shall carry any fire through the streets, lanes, or on any wharves in said town, except in some covered vessel, or who shall kindle a fire in any of the places aforesaid, without the permission therefor in writing, of one or more of the Firewards of said town, or shall smoke, or have in his or her possession, any lighted pipe or cigar, in any street, lane or passage way, or on any wharf in said town, shall forfeit and pay, for each and every offence, the sum of two dollars, to be recovered of the person so offending, or of his parent, guardian, master or mistress.

Sec. 11. Be it further enacted, That if any person shall have in his or her possession, in any' rope walk, or in any barn or stable, within said town, any fire, lighted pipe or cigar, lighted candle or lamp, except such candle or lamp is kept in a secure lantern, the person'so offending, shall forfeit and pay for each offence, a sum not exceeding one hundred dollars, nor less than twenty dollars.

Sec. 12. Be it further enacted, That all and any of the penalties which are given in and by this act, or in and by a certain act, made and passed the fifteenth day of June, in the year of our Lord one thousand eight hundred and sixteen, entitled " An act regulating the storage, safe keeping, and transportation of gunpowder

"in the town of Boston," may be recovered by indictment, information, or complaint, in any Court proper to try the same ; and in such indictment, information, or complaint, it shall not be necessary to set forth any more of said acts, than so much thereof as relates to and is necessary, truly and substantially to describe the offence alleged to have been committed. And it shall be the duty of each and every Fireward in the town of Boston, and they and each of them are hereby required to inquire after all offences which shall come to their knowledge, and which shall be committed against tht true intent and meaning of this act, aud shall cause the same to be duly prosecuted.

Sec 13. Be it further enacted, That it shall be lawful for any one or more of the Firewards of said town, to require and compel the assistance of all or any of the inhabitants of said town, and any other persons, who shall be present as spectators of any fire ; and in

' any suit or prosecution therefor, it shall be lawful for them to plead the general issue, and give this act in evidence ; and if any person shall disobey the lawful

t and reasonable command of any Fireward or Firewards, to aid in extinguishing such fire, or in rescuing property from destruction thereby, such person, so offending, shall be liable to a fine not exceeding twenty dollars, to be recovered in manner aforesaid.

Sec 14. Be it further enacted, That all acts heretofore passed to secure the town of Boston from damage by fire, be, and the same are hereby repealed, except-

ing that such parts thereof as may he necessary to recover all fines and penalties, incurred upon the acts aforesaid, shall still remain in full force for that purpose.

Sec. 15. Be it further enacted. That all the fines, penalties and assessments, which shall he recovered by force of this act, shall accrue and enure, one half to the use of the poor of the town of Boston, to be paid to the Overseers of the Poor thereof, and the other half to the Firewards of said town : Provided however, that whenever in the trial of any prosecution under this act, any one or more of the said Firewards shall be sworn and examined as a witness, or as witnesses therein, record thereof shall be made in Court, and the whole fiue or penalty, in such case, shall enure to the use of the poor of the town of Boston, and be paid to the Overseers of the Poor thereof as aforesaid.

[Approved by the Governor, February 23,1818.]