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CHAPTER XXX.

Lamps.

ACTS OF THE LEGISLATURE.

[1] Wilful breaking, &c. lamps, &c.-pen ally for. [2] Disposal of fines. [3] Mayor and Aldermen empowered to set up lamps.

[4] Wilful breaking lamps, &c. subjected to the penalties of previous act. (See 1.) [5] Repealing clause.

An Act to prevent the wanton destruction of Lamps.
[Passed Feb. 18, 1824.]

[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 wilfully and maliciously break, throw down or extinguish any Lamp that is or shall be put up to light any Road, Bridge, Street or Passage-way, in this Commonwealth, or shall wilfully and maliciously damage the post, the iron or other furniture of such lamp, he shall, upon conviction thereof, forfeit and pay a sum not less than ten dollars nor more than thirty dollars for each lamp so broken or damnified, and the like sum for each post or the iron or other furniture so broken or damaged, and costs of prosecution.

[2] SEC. 2. Be it further enacted, That all fines and forfeitures accruing under this act shall enure, the one moiety thereof to the use of the Commonwealth, and the other moiety to the use of the person who shall prosecute for the same.

An act for the regulation of Lamps in the City of Boston. [Passed June 16, 1825.]

[3] 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 publication of this act, it shall be lawful for the Mayor and Aldermen of the city of Boston, for the time being, to cause to be set up and affixed, such and so many Lamps in the streets and other places in the

said city, for the purpose of lighting the same, as they may determine to be convenient and necessary. And the said Mayor and Aldermen are hereby empowered to make all necessary contracts, ules, orders, and regulations, respecting the said lamps, and the lighting and keeping the same in repair, and the regulation and preservation of the same, as they may deem most for the benefit of said city.

[4] SEC. 2. Be it further enacted, That whoever shall wilfully, maliciously, carelessly or wantonly break, throw down, extinguish, or otherwise injure any of the said lamps, or the posts, irons, or other furniture to the same belonging, shall be liable to the fines, penalties, and forfeitures which are provided in and by an act, entitled "An act to prevent the wanton destruction of lamps," made and passed on the eighteenth day of February, in the year of our Lord, one thousand eight hundred and twenty-four, to be recovered and appropriated in the manner provided in said act.

[5] SEC. 3. Be it further enacted, That the act, entitled "An act for regulating lamps already set up, or that may hereafter be set up, for enlighteng the streets, lanes, alleys, or passage-ways in the town of Boston and to prevent the breaking or otherwise damnifying the same, and also establishing the method for paying the expenses that may arise in supporting or maintaining said lamps," be, and is hereby repealed: Provided, the said act shall remain in force as to all fines, penalties, and forfeitures which have been incurred prior to the passing of this act, in and by virtue thereof.

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An Act to provide for the Survey of Lumber in the City of Boston, and to repeal certain provisions of law in relation to the exportation of Lumber from the Commonwealth.

[Passed March 6, 1830.]

[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, from after the passage of this act, it shall be lawful for the City Government of the City of Boston, to make and establish ordinances, rules, and regulations, for the inspection, Survey, and Admeasurement of Boards, Plank, Timber, Shingles, Clapboards, and Lumber, of every descrip

tion, brought by water into said City for sale, as they may from time to time determine to be expedient, and suitable to the circumstances of the said City, and to ordain fit penalties for the breach of such ordinances, rules, and regulations, to be recovered in the same manner, and before the same Courts, as other fines and forfeitures are recoverable by law.

[2] SEC. 2. Be it further enacted, That the said City Government, in their discretion, may also provide for the appointment of all such Surveyors, Inspectors, aud other officers, as they may find expedient and proper for the execution of such ordinances, rules, and regulations, and to fix their fees, and compensation for their official duties and services.

[3] SEC. 3. Be it further enacted, That so much of any acts of this Commonwealth, as is inconsistent with the powers herein given to the City Government of the City of Boston, be, and the same is hereby repealed: Provided, however, that this section shall not take effect until the said City Government have made and established ordinances, and provided for the appointment of officers for the Survey of Lumber, agreeably to the first and second sections of this act, and until said ordinances have been published as other ordinances of said City are published.

[4] SEC. 4. Be it further enacted, That the second, fifth, sixth, and seventh sections of an act passed July eleventh, in the year of our Lord one thousand seven hundred and eighty-three, entitled "An act for the Admeasurement of Boards, and regulating the tale of Shingles, Clapboards, Hoops and Staves," and also an Act in addition thereto, passed March sixteenth, in the year of our Lord one thousand seven hundred and eighty-four, be, and the same are hereby repealed.

[5] SEC. 5. Be it further enacted, That this act may be altered, amended, or repealed, at the pleasure of the Legislature.

An Ordinance regulating the survey and admeasurement of Lumber brought into the City of Boston by water for sale. [Passed Sept. 26, 1833.]

[6] SEC. 1. Be it ordained by the Mayor, Aldermen, and Common Council of the City of Boston, in City Council assembled, That there shall be a Surveyor General of Lumber for the City of Boston, who shall be well skilled in the surveying and admeasurement of Lumber to be appointed in the

month of February annually, by concurrent vote of the City Council, who shall hold his office for one year, and until a successor be chosen, unless sooner removed. And before he shall enter on the duties of his office he shall give bond, with sufficient sureties, to the City Treasurer, in the sum of two thousand dollars, for the faithful discharge of his duty, and he shall be sworn faithfully to perform the same.

[7] SEC. 2. Be it further ordained, That said Surveyor General shall have power to appoint such a number of deputy surveyors of Lumber in general as he may judge sufficient, not however less than twelve. And the said surveyor general shall also appoint one or more deputy surveyors, whose sole and especial duty it shall be to survey oak and other hard wood commonly used in ship-building. And he shall likewise appoint one or more deputy surveyors, whose sole and especial duty it shall be to survey mahogany, ash, cedar and other ornamental wood and lumber. And said surveyor general shall be answerable for his deputies, and shall take bond from them respectively for the faithful discharge of their duty, and they shall be sworn faithfully to perform the same, and they shall be removeable at the pleasure of said Surveyor General. And it shall be the duty of said surveyor general and his deputies to survey and admeasure all lumber, brought into the city of Boston by water for sale, according to the provisions of this. ordinance.

[S] SEC. 3. Be it further ordained, That in the survey of pine boards and planks, there shall be four sorts; the first sort shall be denomimated number one, and shall include boards not less than one inch thick, straight grained, and free from rot, sap, knots and shakes. The second sort shall be denominated number two, and shall include boards not less than one inch thick, free from rot and large knots, and suitable for planing, provided that such boards as are clear, but are deficient in thickness as aforesaid, shall be received as number two by making such allowance for the deficiency in thickness as may be required to make them equal to one inch thick. The third sort shall be denominated number three, and shall include boards not less than seven eighths of an inch thick, nearly free from rot, and nearly square edge, and suitable for covering buildings. The fourth sort shall be denominated number four, and include all boards and plank of every description, not being within the other three denominations.

[9] SEC. 4. Be it further ordained, That in the survey of pine joist, there shall be two sorts, the first sort shall be denominated number one, and shall include all joist, that are

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