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Acts on the same subject shall be exercised and performed by the Chief and other Engineers, and the power and duty of seizing any Gunpowder kept or being within the said city or the harbor thereof contrary to the provisions of the said Act or Acts, shall be exercised and performed by the said Engineers or any of them, and in case of any seizure being made by any Engineer, other than the Chief, he shall forthwith report to the Chief Engineer, who shall cause said Gunpowder to be libelled and prosecuted in the manner prescribed in the said first mentioned statute, and all the other powers and duties granted or enjoined in and by the said Act or Statutes, shall be performed by the said Chief or one of the other Engineers.

[88] SEC. 23. Be it further ordained, That it shall be the duty of the Chief and other Engineers, to inquire for, and examine into all shops and other places, where shavings or other such combustible materials may be collected and deposited, and from time to time, and at all times, to be vigilant in taking care of the removal of the same, whenever in the opinion of any two of them, the same may be dangerous to the security of the city from fires, and to direct the tenant or occupant of said shops or other places to remove the same, or to pay the expense of such removal under the direction of such Engineers.

[89] SEC. 24. Be it further ordained, That all moneys received for fines, forfeitures, and penalties, arising under this ordinance and the laws of this Commonwealth, regulating the storage and transportation of Gunpowder, the erection of buildings within the city of Boston, and the prevention and extinguishment of fire, shall be paid into the Treasury of the City, to be applied in such way as is provided by the Acts of this Commonwealth.

[90] SEC. 25. Be it further ordained, That every member of the Fire Department of the City of Boston, who shall have served according to law for seven successive years, shall be entitled to receive a certificate thereof, signed by the Mayor of said city, and all persons who shall receive said certificate as aforesaid, shall be entitled to wear the badge of the Department, and do duty therein, under such organization and management as the Mayor and Aldermen may determine.

[91] SEC. 26. Be it further ordained, That annually in the month of January, there shall be paid from the City Treasury in lieu of all premiums or other compensation on warrant of the Mayor and Aldermen, to the foreman of the respective companies as follows:

To each company, entitled by the order of the Mayor and Aldermen as aforesaid, to seventy-five members, seventy-five dollars to each company so entitled as aforesaid to fifty mem

bers, fifty dollars; to each company so entitled to twenty-five members, twenty-five dollars.

[92] SEC. 27. Be it further ordained, That whenever the members of the several companies shall assemble at the several houses entrusted to their care, either on duty or company business, order and regularity shall be preserved, and that it shall be the duty of the officers and members of said companies, to refrain from assembling unnecessarily at said houses, particularly on Sundays; and that at all times the utmost care and economy shall be exercised in the use of fuel, lights, and other property furnished by the city.

[93] SEC. 28. Be it further ordained, That any member of the City Council may enter within the lines at any fire by wearing a suitable badge for that purpose, to be provided by the Mayor and Aldermen.

[94] SEC. 29. Be it further ordained, That from and after the passing of this Ordinance, all former Ordinances relating to the appointment, of Engineers and other members of the Fire Department, and to the establishing of a Fire Department, and for preventing and extinguishing fires, excepting such parts thereof as may be necessary to recover all fines and penalties incurred under the Ordinances aforesaid, be, and the same hereby are repealed.

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CHAPTER XXII.

Gunpowder.

ACTS OF THE LEGISLATURE.

[1] Taking loaded arms into houses prohibited-under penalty of ten pounds.

[2] Loaded arms in houses may be seized by Firewards to be sold at public auction if adjudged forfeit upon their complaint.

[3] Appeals in such prose

cutions allowed.

[4] Powder, how much may be kept by any United States or State officer, and where.

[5] Powder kept contrary to above provision, may be seized by Firewards and sold.

In case

[9] Penalties for offences against this statute, not to exceed five hundred dollars, nor less than one hundred. of explosion where so kept contrary to law, not less than five hundred dollars, nor more than one thousand, one moiety to the use of the poor, and the other to the prosecutor.

[10] Gunpowder in Boston contrary to the provisions of this act may be seized by one or more Engineers, and libeled at Municipal at Municipal Court within twenty days thereafter.—a co[6] Gunpowder exceeding py of Libel and Summons to one pound, not to be kept with-be served fourteen days before in two hundred yards of any wharf, or on the main land. If so, contrary to this statute, liable to seizure.

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sitting of the Court—if adjudged forfeit, the possessors to pay costs of prosecution. If they cannot be found, Court may adjudicat:- and either of the processes may be served in any County.

[11] Penalty for hindering Engineers, or attempting to rescue powder, not less than one hundred dollars nor more than five hundred dollars, to be recovered by action of the case by any person-Duty of all citi zens to assist the Engineers.

[12] Engineers may enter and examine stores, &c. of those licensed, to ascertain if their rules, &c. are observed. On alarm of fire may remove or de

stroy powder. Enter and examine any dwelling house or other place for the same, having obtained a search warrant from

necessary to describe the of fence.

[16] Fines, &c. not heretofore appropriated, to go half to the poor, and the re

one

the Police Court. [13] Persons injured by ex-mainder to the Engineers; plosion of Gunpowder kept con- Provided, if one or more of said trary to the provisions of this Engineers shall be a witness Statute, may have an action of on the trial, then the whole to the case, to recover damages. go to the use of the poor. [14] Engineers to publish their rules and regulations in two or more newspapers for three weeks successively.

[15] Fines may be recovered as before provided, or by indictment, complaint, or information. Not necessary to set forth more of this act than is

[17] This act to take effect from time of passing the same. Repealing clause; Provided, all offences before committed may be prosecuted under the old law, and all orders and rules of Engineers shall be in force until altered or annulled by them.

An act in addition to the several acts already made for the prudent storeage of Gun powder within the town of Boston. [Passed March 1, 1783.]

WHEREAS the depositing of loaded arms in the houses of the town of Boston, is dangerous to the lives of those who are disposed to exert themselves when a fire happens to break out in said town.

[1] SEC. 1. Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority of the same, That if any person shall take into any dwelling house, stable, barn, out house, ware house, store, shop or other building within the town of Boston, any cannon, swivel, mortar, howitzer, cohorn, or fire arm,, loaded with or having gunpowder in the same, or shall receive into any dwelling house, stable, barn, out house, store, ware house, shop, or other building within said town, any bomb, grenade, or other iron shell, charged with, or having gun powder in the same, such person shall forfeit and pay the sum of ten pounds, to be recovered at the suit of the Firewards, [duties of Firewards transferred to Engineers,] of the said towns, in an action of debt before any court proper to try the same; one moiety thereof, to the use of said Firewards, and the other moiety to the support of the poor of said town of Boston.

[2] SEC. 2. Be it further enacted, That all cannons, swivels, mortars, howitzers, cohorns. fire arms, bombs, grenades, and iron shells of any kind, that shall be found in any dwelling house, out house, stable, barn, store, ware house, shop or other building, charged with or having in them any gunpowder, shall be liable to be seized by either of the Firewards of said town; and upon complaint made by the said Firewards to the Court of Common Pleas, of such cannon, swivels, mortars, or howitzers, being so found, the Court shall proceed to try the merits of such complaint by a jury; and if the jury shall find such complaint supported, such cannon, swivel, mortar or howitzer, shall be adjudged forfeit, and sold at public auction; one half of the proceeds thereof shall be disposed of to the Firewards, and the other half to the use of the poor of the town of Boston. And when any fire arms, or any bomb, grenade, or other shell, shall be found in any house, out house, barn, stable, store, ware house, shop or other building, so charged, or having gun powder in the same, the same shall be liable to be seized in manner aforesaid; and on complaint thereof, made and supported before a Justice of the Peace, shail be sold and disposed of, as is above provided for

cannon.

[3] SEC. 3. Be it further enacted, That appeals shall be allowed in prosecutions upon this act, as is usual in other

cases.

An act in further addition to "an act in addition to acts regulating the storage, safe keeping and transportation of Gunpowder within the town of Boston.

[Passed Feb. 22, 1814.]

[4] 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 first day of April next, no commissary, or any other officer or officers, or any person or persons, in the service of the United States, or acting in the department of Commissary or Quarter Master General of this Commonwealth, shall be permitted to have, keep, or possess within the town of Boston, a greater quantity of Gunpowder than four hundred pounds; and that powder so had and possessed within the said town, shall be kept in a place approved of by the Firewards of the said town, either under

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