take effect. This act shall take effect from and When to [Approved by the Governor, Adopted by the town, May 24, SECT. 11. after its passage. March 25, 1845. 1845.] AN ACT To prevent the Explosion of Steam Boilers. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same as follows : engines to ty plug. SECTION 1. No person or corporation, shall All steam use, or cause to be used, any locomotive, or other be provided steam engine, in this Commonwealth, unless the with a safeboiler of the same be provided with a fusible safety plug, to be made of lead, or some other equally fusible material, and to be of a diameter of not less than one half an inch, which plug shall be placed in the roof of the fire-box, when a fire-box is used, and, in all cases, shall be placed in a part of the boiler fully exposed to the action of the fire, and as near the top of the water line as any part of the fire surface of the boiler. SECT. 2. If any person shall, without just and proper cause, remove, from the boiler of a steam engine, the safety plug thereof, or shall substitute therefor any material more capable of resisting fire than the said safety plug so removed, he shall be punished by a fine not exceeding one thousand dollars. Fine for removing the safety plug from a steam boiler, &c. ing an en SECT. 3. If any person or corporation, shall Fine for ususe, or cause to be used, in this Commonwealth, gine without for the space of six consecutive days, a steam en- a safety plug gine unprovided with the safety plug, as described in the first section, such person, or corporation, so offending, shall be punished by a fine not exceeding one thousand dollars. [Approved by the Governor, April 25, 1849.] Mayor and aldermen of selectmen of any town may, after notice to the parties, enter any building to examine a steam engine. AN ACT To regulate the use of Steam Engines. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SECTION 1. The mayor and aldermen of any any city, or city, and the selectmen of any town, or any person by them authorized, may, after notice to the parties interested, examine any steam engine in such city or town, and for that purpose may enter any house, shop, or building: and if, after such examination, it shall appear probable that the use of such engine is unsafe, they may issue a temporary order to susMay order a pend the use thereof; and then, after giving the temporary parties interested, so far as they may be known, an suspension. opportunity to be heard if they shall adjudge such issued. If further used, to be deemed common nuisance. If judged unsafe, order steam engine unsafe or defective, or unfit to be of prohibi- used, they may pass a permanent order prohibiting tion may be the use thereof until it shall be rendered safe; and if such steam engine shall be used after the passage of such temporary order until the final adjudication thereon, or after such final adjudication and order, until it shall be rendered safe, contrary to either of such orders, and after notice thereof to the owner or person having charge thereof, such engine shall be deemed and taken to be a common nuisance without any other proof thereof than its use. Mayor and aldermen, and selectmen, shall have power to abate. SECT. 2. Said and aldermen, and select. mayor men, shall have the same power and authority to abate and remove any such steam engine, erected or used contrary to the foregoing provisions, as are given to the board of health in the tenth and eleventh sections of the twenty-first chapter of the Revised Statutes. [Approved by the Governor, May 7, 1852.] AN ACT Further to guard against the Explosion of Steam Boilers. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: ing or using, monwealth, shall be SECTION 1. If any person or corporation shall Manufacturmanufacture, set up, or knowingly use, or cause to in this Combe used, in this Commonwealth, a steam boiler un- without the provided with the safety plug, as described in the safety plug, first section of "An Act to prevent the Explosion fined not exof Steam Boilers," passed in the year one thousand ceeding eight hundred and forty-nine, such person or corporation, so offending, shall be punished by a fine not exceeding one thousand dollars. $1000. sistent re SECT. 2. All acts and parts of acts inconsist- Acts inconent with this act are hereby repealed. [Approved pealed. by the Governor, May 18, 1852. AN ACT Relating to the Erection and Use of Buildings for Stables and Bowling Alleys. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SECTION 1. If any person shall erect, occupy or use any building, in any city or town, for a stable for more than four horses, or for a bowling alley, except in such parts of such city as the mayor and aldermen thereof, or of such town as the selectmen thereof, shall direct, he shall forfeit a sum not exceeding fifty dollars, for every month he shall so occupy or use such building, and in the like proportion for a longer or shorter time. And the supreme judicial court, or any one of the jus When to take effect. 13. tices thereof, either in term time or vacation, may issue an injunction to prevent such erection, occupancy or use, without such direction. SECT. 2. This act shall not be in force in any city unless the city council thereof, nor in any town unless the inhabitants thereof, at a legal meeting, shall, within sixty days of the passing hereof, by vote adopt the same. SECT. 3. This act shall take effect from and after its passage. [Approved by the Governor, May 24, 1851. Adopted by City Council, June 23, 1851.] AN ACT In relation to Public Health. City ch. sec. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: City ordinance No. 39, page 76. Powers of city councils public health.j SECTION 1. All the powers vested in, and the in regard to duties prescribed to, boards of health of towns, by the general laws, shall be vested in, and prescribed to, city councils of cities, in case no special provision to the contrary is made in such laws themselves, or in the special laws applicable to any particular city. How these powers to be exercised. SECT. 2. The powers and duties above named may be exercised and carried into effect by city councils, in any manner which they may prescribe, or through the agency of any persons to whom they may delegate the same, notwithstanding a personal exercise of the same, collectively or individually, is prescribed in the instance of towns, as above referred to. And city councils are hereby authorized to constitute either branch, or any committee of their number, whether joint or separate, the board of health for all, or for particular purposes, within their own cities. &c., how to SECT. 3. Whenever any nuisance, source of Nuisances, filth, or cause of sickness, shall be found on pri- be removed. vate property, within any city, the board of health, or health officer, shall order the owner, or occupant thereof, to remove the same, at his own expense, within twenty-four hours, or such other time, as they shall deem reasonable, after notice served, as provided in the succeeding section; and if the owner, or occupant, shall neglect so to do, he shall for- to remove feit a sum not exceeding twenty dollars, for every day during which he shall knowingly permit such nuisance or cause of sickness to remain, after the time prescribed as aforesaid, for the removal thereof. Penalty for neglecting nuisance. to remove SECT. 4. The order mentioned in the last sec- of the order tion shall be communicated by a written notice, nuisances. served personally upon the owner or occupant, or their authorized agent, by any person competent to serve a notice in a civil suit; or such notice may be left at the owner, occupant, or agent's last and usual place of abode, if the same be known, and is within the State; and, if the owner or agent's residence is unknown, or without the State, the premises being unoccupied, then such notice may be served by posting up the same on the premises, and by advertising in one or more public newspapers, in such manner, and for such length of time, as the board of health, or health officer, shall deem expedient. SECT. 5. If the owner or occupant shall not If order not complied comply with the order above mentioned, the board with, proof health may cause the said nuisance, source of ceedings. filth, or cause of sickness, to be removed, and all expenses, incurred thereby, shall be paid by the said owner or occupant, or by such other person as shall have caused or permitted the same, if such owner or occupant, or such other person, shall have had actual notice from the board of health of the existence of said nuisance, source of filth, or cause of sickness. |