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sound and square edged; the second sort shall be denominated number two, and include all other descriptions.

[10] SEC. 5. Be it further ordained, That in the survey of spruce, hemlock, and juniper boards, plank and joist, there shall be two sorts; the first sort shall be denominated number one, and shall include all boards, plank and joist that are sound and square edged. The second sort shall be denominated number two, and shall include all other descriptions.

[11] SEC. 6. Be it further ordained, That in the survey of ash, maple, and other hard wood, and ornamental boards, plank and joist, there shall be two sorts, the first sort shall be denominated number one, and shall include all boards, plank and joist that are sound and free from shakes. The second sort shall be denominated number two, and shall include all other descriptions.

[12] SEC. 7. Be it further ordained, That in the survey of timber except mahogany and cedar, there shall be two sorts, the first sort shall be denominated number one, and shall include all timber that is sound, straight, square edged and in lengths or joists not less than sixteen feet in length, due allowance being made for sap. The second sort shall be denominated number two, and shall include timber of all other descriptions.

[13] SEc. 8. Be it further ordained, That in the survey of mahogany and cedar, there shall be but one sort. And it shall be the duty of the surveyor general of lumber, and of his deputies who are specially appointed to survey mahogany and cedar, to number all the mahogany and cedar logs or sticks, contained in each lot or cargo, in regular numerical order and to mark the number of each log or stick upon the same in legible characters. And the said Surveyor shall to the best of his ability, ascertain the whole number of feet, board measure, in each and every log or stick, and what quantity thereof is merchantable, and what is refuse. And said surveyor shall thereupon issue a certificate, or survey bill, of said survey, in which shall be stated the number of each log or stick, and the whole number of feet contained in the same, and specifying the number of feet which is merchantable and refuse.

[14] SEC. 9. Be it further ordained, That all hewn timber six inches square and upwards except timber called scab, shall be surveyed and sold as ton timber, at and after the rate of forty cubic feet to a ton. All sawed timber shall be surveyed and sold by board measure. In the survey of boards, planks, joist and sawed timber the contents of the same shall be truly marked thereon, in plain and legible numbers and all other marks shall be erased. And on the second and third

sorts of boards and planks, the numbers two and three, shall be in like manner marked thereon respectively. Allowance and deduction shall be made for splits, not exceeding in any case one half the extent of the splits. All boards, planks, joist and sawed timber shall be received and sold according to the contents thereof as fixed and marked under the aforesaid regulations; but all surveys shall be made under the direction of the Surveyor General, by his deputies; and application shall be made by all persons requiring surveys to the Surveyor General, who shall direct his deputies to perform their respective duties in rotation.

[15] SEC. 10. Be it further ordained, That the fees for surveying and marking according to the foregoing provisions of this ordinance, and to be paid by the purchaser, shall be as follows, viz:—for Pine, Spruce, Hemlock and Juniper boards, plank, joist and sawed timber, twenty-four cents for every thousand feet, board measure. For Pine, Spruce, Hemlock and Juniper timber, twelve cents for every ton; for Oak timber twenty-four cents for every ton; for Ash, Maple and other hard wood, and ornamental boards, plank and joist, forty cents for every thousand feet board measure; for Cuba and St. Domingo and other branch or hard Mahogany, one dollar for every thousand feet board measure; and for Mahogany from the Bay of Honduras, and for Cedar seventy-five cents for every thousand feet, board measure.

[16] SEC. 11. Be it further ordained, That of the fees received by the deputy Surveyors, there shall be paid to the Surveyor general to his own use, as follows, viz :-three cents for every thousand feet of Pine, Spruce, Hemlock and Juniper boards, plank, joist and sawed timber; four cents for every ton of Oak timber; two cents for every ton of Pine and other timber; five cents for every thousand feet board measure of Ash, and other ornamental lumber; and ten cents for every hundred cents received by said deputies for the surveying of Mahogany and Cedar.

[17] SEC. 12. Be it further ordained, That it shall be the duty of the Surveyor General annually, on the first Monday of February, to make a true return to the Mayor and Aldermen of all lumber surveyed by his deputies, specifying the various kinds and qualities, and by whom surveyed, and the amount of all fees received by him and his deputies, pursuant to this ordinance.

[18] SEC. 13. Be it further ordained, That if the said Surveyor General, or either of his deputies, shall be guilty of or connive at any fraud or deceit, in surveying, marking or numbering the contents of any boards, plank, joist or timber,

he shall forfeit and pay for every offence, a sum not less than ten dollars, nor more than twenty dollars. And if the Surveyor General, or his deputies on due notice and request, shall unreasonably neglect or refuse to perform the duties enjoined by this ordinance, he shall forfeit and pay for every such offence, a sum not less than ten dollars nor more than twenty dollars. One half of the aforesaid forfeitures to be recovered by him or them who shall sue for the same to his or their use; and the other half to the use of the City of Boston, before any court of competent Jurisdiction.

[19] SEC. 14. Be it further ordained, That it shall not be lawful for any person within the City of Boston, to sell or to purchase any boards, plank, joist or timber brought by water into said city, unless they shall be surveyed marked and numbered, conformably to the provisions of this ordinance, except only such as are bona fide, intended to be exported, and shall be actually shipped for the purpose of such exportation within one year after the same shall have been sold and delivered to the person first purchasing or receiving the same in said City.

And every person who may sell or purchase any boards, plank, joist or timber, not surveyed, marked or numbered as herein provided, subject only to the foregoing exceptions, shall forfeit and pay for all boards, plank, joist and timber so sold and purchased, double the amount of fees due for the services herein prescribed for the Surveyor General, and his deputies, to be sued for, and recovered in any court of competent jurisdiction by the Surveyor General, or his deputy, one half thereof to the use of the person who shall sue for the same, and the other half to the use of the City of Boston.

[20] SEC. 15. Be it further ordained, That "an ordinance regulating the survey and admeasurement of lumber brought by water into the City of Boston for sale," and the several ordinances "in addition thereto" and all other ordinances on the subject be, and the same are hereby repealed, except so far as may be necessary for the recovery of any penalty already incurred for the breach thereof. And provided that all officers appointed under said ordinances shall continue to hold their respective offices until others are appointed in their places.

CHAPTER XXXII.

Faneuil Hall Market.

ORDINANCE OF THE CITY.

[1] Clerk of Faneuil Hall Market to have the Superintendence of the limits of the Mar

ket.

[2] Clerk's appointment and salary.

[3] Faneuil Hall Market, its limits established.

[4] Carts &c., how to be kept and arranged in the Market.

[5] Carts &c. standing unlawfully, to be carried to stables. [6] Streets not to be used for stands &c. without permis

sion.

[7] Produce of what farms to be sold at the stands.

[8] Weight, butter, &c. to be sold by.

[9] Right of selling to be forfeited for frauds &c.

[10] Stalls how to be leased, leases when forfeited,

[11] Stalls, nuisances to be
removed from by lessees.

[12] Passage ways &c.,
offal not to be thrown into.
[13] Stalls, when to be for-
feited.
[14] Idle and disorderly
behaviour in Market to be re-
strained.

[15] Penalties.
[16] Repealing clauses.

An Ordinance for the regulation of Faneuil Hall Market. [Passed Sept. 23, 1833.]

[1] SEC. 1. Be it ordained by the Mayor, Aldermen, and Common Council of the City of Boston, in City Council assembled, That the Clerk of Faneuil Hall Market, shall under the control of the Mayor and Aldermen have the care and superintendence of said Market, and it shall be his duty to preserve order in the said Market, and to execute and carry into effect all the regulations, orders and ordinances, which may be duly made and established from time to time, by the City Council, or Mayor and Aldermen, for the due regulation of the same. And it shall be his duty to enter complaint for any violation of said orders or Regulations; And he shall have the direction of all carts or other carriages, having provisions of any kind for sale, which shall stand within the limits of said market.

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[2] SEC. 2. Be it further ordained, That said Clerk shall be appointed annually in the month of June or July by the Mayor and Aldermen, and he shall be removeable at their pleasure, and shall receive such compensation for his services as the City Council shall annually direct.

[3] SEC. 3. Be it further ordained, That the limits of Faneuil Hall Market shall be the lower floor and porches of the building called Faneuil Hall Market, and the streets on each side thereof, called North Market street, and South Market Street, that part of Commercial Street between long wharf and Clinton Street, and also Merchants' Row.

[4] SEC. 4. Be it further ordained, That no person shall keep any wagon, or other carriage, horse, or other beast within said limits, for any longer space of time, or shall range them in any other maner or form than such as may be directed by the said Clerk, in conformity to the rules and regulations for that purpose made and published by the Mayor and Aldermen, and which they are hereby authorized from time to time to make and publish.

[5] SEC. 5. Be it further ordained, That all horses shall be taken from the carts or other carriages with provisions of any kind for sale, which shall stand within either of the streets aforesaid, and be conducted to a stable, or otherwise removed from the said streets by the owner or driver; and it shall be lawful for the Clerk of the said Market, and he is hereby authorized and empowered, whenever he shall find any wagon or other carriage, ox or other beast, standing or being within either of the streets above mentioned, in a manner, place, or for a time not authorized by the law, or contrary to the regulations made in that respect as aforesaid, and without a driver or owner, forthwith to cause such wagon, or other carriage, ox or other beast, to be conducted to some stable or other safe and proper place; and the owner or the person having the care or keeping thereof, shall be liable to pay before the redelivery thereof into his possession the entire cost and expense thereof, during the time it shall be in the said stable, or other safe and suitable place, together with such further sum to the city not exceeding one dollar, for the trouble arising in that behalf, as the clerk of said market shall demand, the same to be paid to, and accounted for by said clerk.

[6] SEc. 6. Be it further ordained, That no persons unless duly authorized by the Mayor and Aldermen, shall be allowed to stand in any of the streets, lanes, alleys, squares or public places of the city, with their carts or other carriages, horses or other beasts, having meat, poultry, vegetables or other articles of provision for sale, nor shall any person be allowed to

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