al district, directing and requiring said Mayor and Alderme or Selectmen, to cause the inhabitants of their respective tow and districts, qualified as aforesaid, to assemble as aforesai on a day in such precept to be appointed, to give their vot for a representative in congress, which precept shall be accom panied with a list of such persons voted for in such district, a shall have received as many as fifty votes, showing the numbe of votes for each person, according to such first return; an the same proceedings shall be had thereon, and the same re turns made in all respects as before directed in this act, an like proceedings shall be had as often as occasion may require [5] SEC. 5. Be it further enacted, That whenever any vacancy shall happen in the representation of this Common wealth, in the congress of the United States, the Governo shall cause precepts to issue to the said Mayor and Aldermen, or the Selectmen of the several towns and districts, within any district in which such vacancy may happen, directing and requiring them to cause the inhabitants of their respective towns and districts, or of said city, to assemble on a day in such precept to be appointed, to give in their votes for a representative to supply such vacancy, and like proceedings, in all respects, shall be had, from time to time, as are herein before provided. [6] SEC. 6. Be it further enacted, That it shall be the duty of the several sheriffs of the respective counties of this Commonwealth, on receiving copies of this act, or any precept from the Governor, for the purpose herein mentioned, to transmit the same seasonably, to the Selectmen of the several towns and districts within their respective counties, to whom such precepts or copies may be directed. And the several sheriffs. shall, for said service, be entitled to receive, out of the treasury of this Commonwealth, fifty cents for each of the said copies, and of the precepts so by them seasonably distributed to the Selectmen of the several towns and districts as aforesaid, and for returning the votes from all the towns within the respective counties, which may be seasonably delivered to him as aforesaid, each sheriff shall be entitled to receive seventeen cents a mile, computing from the place of abode of each sheriff, to the secretary's office; and in either case the sheriffs shall present their accounts to the treasurer of the Commonwealth for examination and allowance. [7] SEC. 7. Be it further enacted, That any sheriff who shall neglect to perform the duties which by this act he is directed to perform, shall, for each neglect, forfeit and pay a sum not exceeding two thousand dollars, nor less than two hundred dollars; and if any Selectman, or the Mayor or either of the Aldermen or ward officers of the city of Boston, shall neglect to perform any of the duties which by this act they are required to perform, each officer so neglecting shall forfeit and pay a sum not exceeding two hundred dollars, nor less than thirty dollars, for any such neglect; said forfeitures to be recovered by indictment before any court of competent jurisdiction, which forfeiture shall enure, one half thereof to the person or persons who shall prosecute for the same, and the other half to the use of the Commonwealth. [8] SEC. 8. Be it further enacted, That all acts and parts of acts, inconsistent with the provisions of this act, be, and the same hereby are repealed. An Act concerning Elections. [Passed March 19, 1833.] [9] SEC. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That it shall hereafter be the duty of the Selectmen, and of the clerks of the several towns and districts in this Commonwealth, and of the Mayor and Aldermen of the city of Boston, to make and seal up a separate list of the persons voted for as governor, lieutenant governor, counsellors and senators, and representatives in the congress of the United States, and transmit the same to the Secretary of the Commonwealth, or to the sheriffs of their respective counties. And when the said lists shall be received at the office of said Secretary, the seals thereof shall not be broken, but the same shall be kept as they are received, until delivered by him to the two branches of the general court, or to the executive authority, according to the constitution and laws of said Commonwealth. [The second section applies only to the Selectmen of Towns.] [10] SEC. 3. Be it further enacted, That the statute of one thousand eight hundred and six, chapter twenty six, be, and the same is hereby repealed. An ordinance relative to the election of certain City Officers. [Passed May 9, 1822.] Be it ordained by the Mayor, Aldermen, and Common Council of the City of Boston, in City Council assembled, That the mode of electing the following officers to wit: Fence Viewers, Surveyors of the High Ways, Surveyors of Lumber, Cullers of Hoops and Staves, Hogreeves, Haywards and Fiel Drivers, Pound Keepers, Inspectors of Lime, Surveyors Hemp, Surveyors of Wheat, Assay Masters, and Cullers Fish, shall be as follows to wit: they shall first be elected b the Mayor and Aldermen, and sent down to the Commo Council for its concurrence, rejection or amendment. CHAPTER XXI. Fires. PART I. PREVENTION. ACTS OF THE LEGISLATURE. [1] Wooden Buildings not to exceed ten feet in height, (as to South Boston, see post (16) -altered to sixteen feet, see (17)-altered to two story buildings, see (19)-exception as to buildings on wharves, &c. [2] Partition walls in Buildings over ten feet high, how to be constructed. [3] Removal of Wooden Buildings,--what wooden buildings not to be occupied as dwelling houses. [4] Who to be liable for breach of foregoing provisions. Penalties. [5] Additional penalties. Duly of Firewards and Assess ors. [6] Cocoa not to be roasted without license. [7] Covering of houses, &c. to be of Slate, &c. Penalty. [8] Houses, &c. not built conformably to the act to be altered by whom. Penalty. [9] Tar kettles to be secured. [10] Carrying fire in streets -penalty for. [11] Having fire, &c. in Barns, &c.-penalty for. [12] Fines, how to be recovered. [13] Firewards to compel assistance at fires. [14] Repealing clause. 1 5] Fines, distribution of. [16] Ten feet buildings, law relating to, not to extend to South Boston for five years, except as to certain houses. [17] Wooden buildings may be of ten feet post and sixteen feet to top of roof.-Proviso as to windows in roof-(altered, see 25.) [18] Repealing clause. 19] Two story wooden buildings, how to be built. [20] Partition walls in, provision as to. [21] Roofs to be slated. [22] Restrictions as to buildings of more than fifty feet in ORDINANCE OF THE CITY. [28] Guns-penalty for fir- [30] Brick kilns, Furna ing. ces, &c.-penalty for erecting, [29] Squibs, &c.—penalty | &c. for discharging. An act to secure the town of Boston from damage by fir [Passed Feb. 23, 1818.] [1] SEC. 1. Be it enacted by the Senate and House Representatives in General Court assembled and by the a thority of the same, That from and after the passing of this ac no house or building of any kind whatsoever, which shall b more than ten feet high from the ground to the highest point i the roof thereof, shall be erected or built within the town Boston, unless all the external sides and ends thereof, shall b built or composed of brick or stone; except so much as maj be necessary for doors and windows, and unless the roofs o all such houses or buildings shall be entirely covered with slate tile or some incombustible composition; and the gutters se cured effectually against fire; and no brick or stone wall shal be deemed sufficient, within the meaning of this act, unless the same shall be 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. [2] SEc. 2. Be it further 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. [3] SEC. 3. Be it further enacted, That no wooden building more than ten feet high, shall be removed from any part the town of Boston to any other place within the same town, of |