place any stall, bench or block therein, on which to exhibit any such provisions for sale.

[7] SEC. 7. Be it further ordained, That no Inhabitant of the City of Boston, or of any town which is less than fifteen miles distant from said city shall at any season of the year, without the permission of the Clerk of the Faneuil Hall Market be suffered to occupy any stand, with cart, sleigh or otherwise, for the purpose of vending any articles within the limits of said market, unless said articles are the produce of his own farm or of some farm in his neighbourhood, and every person so offending, on being ordered so to do by the said clerk, shall forthwith remove from and out of said streets.

[8] SEC. 8. Be it further ordained, That all butter brought within the limits of said Market for sale, shall be sold by weight; and if in lumps, each lump shall contain one or more pounds weight without any fraction of a pound. And all vegetables used as greens, and cherries brought into said market for sale shall be sold by weight.

[9] SEC. 9. Be it further ordained, That if any person shall sell or offer for sale any article which shall be deficient in the weight or measure for which he sells the same or offers the same for sale, or shall practice any species of fraudulent dealing in the market, and shall be convicted thereof, or of either of the offences enumerated in this ordinance, he shall not be permitted. to use, or hire a stall, or have and occupy any stand in said market, or in any of the streets leading thereto, for the purpose of offering for sale any article of provisions, usually sold in said market, for the term of one year. from and after such conviction, unless specially permitted so to do by the Mayor and Aldermen.

[10] SEC. 10. Be it further ordained, That the several stalls in said market shall be leased to the respective occupants by written leases, and the conditions of said leases shall be fixed by the Mayor and Aldermen, and the rent thereof shall be paid to the clerk of the market, or to such person as the Mayor and Aldermen shall appoint at such times as the said Mayor and Aldermen shall determine. And the said lessees shall not underlet the same or any part thereof, nor permit the same or any part thereof to be occupied by any other person, without the assent of the Mayor and Aldermen, under the penalty of forfeiting their respective stalls and leases.

[1] SEC. 11. Be it further ordained, That said lessees shall not throw, or permit to be thrown, or to remain within the precincts of their respective stalls, any offal, animal substance, scrapings, or any kind of dirt, filth, or useless matter, but shall forthwith remove the same, or cause the same to be deposited

in some tight vessel, to be approved by the clerk of the market; and to be removed by said lessee, as the said clerk shall direct.

[12] SEC. 12. Be it further ordained, That no person shall throw or sweep any offals, animal or vegetable substance, scrapings, or sweepings, damaged salt, pickle or foul water, from the stalls or cellars into the passage ways, on the side walks or into the streets adjoining the Market House, at any time during the day or night.

[13] SEC. 13. Be it further ordained, That when the lessee of any stall shall from any cause whatever, vacate the same, or receive notice from the Mayor and Aldermen to vacate the same, or shall neglect or refuse to pay his rent, for the space of twenty four hours, or neglect or refuse to comply with the regulations established for the good order and cleanliness of the Market House, and its entries, passage-ways, side-walks, and the streets adjoining the Market House, such stall or stalls shall revert to the City and be at the disposal of the Mayor and Aldermen.

[14] SEC. 14. Be it further ordained, That no person shall, within the walls of said Faneuil Hall Market, or on the side walks of the same, play at any game, or lie down or sleep therein, or behave in a disorderly, noisy or riotous manner, and it shall be the duty of the clerk of the Market to cause all persons so offending to be prosecuted, and to prevent idle or disorderly persons frequenting the said Market.

[15] SEC. 15. Be it further ordained, That any person who shall violate any of the provisions of this ordinance shall forfeit and pay in addition to the penalties before prescribed a sum not less than two nor more than twenty dollars, to be recovered by complaint before the Justices of the Police Court.

[16] SEC. 16. Be it further ordained, That " an Ordinance for the due regulation of the Markets," and all ordinances and By Laws of the Town or City of Boston on the subject of this ordinance be and the same are hereby repealed, excepting so far as may be necessary for the recovery of any penalty already incured for the breach of the same. Provided, however, that all officers appointed under the first mentioned ordinance shall continue to hold their respective offices, until others are appointed in their places.

CHAPTER XXXIII.

City Marshal.

ORDINANCE OF THE CITY.

[1] Time (altered, see post 8,) and mode of appointment of Marshal.

[2] Marshal to be Tythingman and Constable-to have precedence.

[3] To take oath and give bond.

[4] Assistant Marshals, their appointment and powers.

[5] City Marshal's duty particularly defined.

[6] To be removable by Mayor and Aldermen, vacancies in the office to be filled—salary of Marshal and assistants.

[7] Superintendent of Police, office abolished.

[8] Time of appointing Marshal altered.

An ordinance authorizing the election, and prescribing the duties of the City Marshal. [Passed June 18, 1823.]

[1] SEC. 1. Be it ordained by the Mayor, Aldermen and Common Council of the City of Boston, in City Council assembled, That the Mayor and Aldermen shall forthwith, and forever hereafter, in the month of May [or June, add. ord. May 25, 1829,] annually, appoint a City Marshal, who shall remain in office until the next annual election, unless removed as hereinafter provided.

[2] SEC. 2. Be it further ordained, That said City Marshal shall be appointed to the offices of Tythingman and Constable; and during his continuance in the office of City Marshal, shall have precedence and command over the other constables and tythingmen, whenever engaged in the same service, or when directed thereto by the Mayor and Aldermen.

[3] SEC. 3. Be it further ordained, That the said City Marshal, before entering upon the duties of his office, shall take before the Mayor and Aldermen, the oaths of office, as by law provided for constables and tythingmen; and he shall give bond in the sum of one thousand dollars, with surety, to be approved by the Mayor and Aldermen, for the faithful performançe of his said office.

[4] SEC. 4. Be it further ordained, That the City Marshal shall, whenever authorized by the Mayor and Aldermen,

employ one or more deputies, who shall be approved by the Mayor and Aldermen ; who shall also, in like manner, take the said oaths of office: whereupon such deputy shall have power and authority to assist the City Marshal, in the execution of his office; or, on any occasion when the City Marshal is not pre sent, to officiate for him in his stead; but no deputy shall remain in office longer than during the approbation of the Mayor and Aldermen. And the City Marshal shall be responsible for the conduct of each of his deputies.

[5] SEC. 5. Be it further ordained, That it shall be the duty of the City Marshal, from time to time, to pass through the streets, alleys, and courts of the city; to observe nuisances, obstructions, and impediments therein, to the end that the same may be removed or prosecuted, according to law; to notice all offences against the laws and orders in being, taking the names of offenders, to the end that the same may be prosecuted; to aid the clerks of the Market in the execution of their duty; and to receive all complaints of the inhabitants, made against any breach of the laws; and for this purpose, shall attend daily at some stated hour, in some central and public office. It shall also be his duty to enforce and carry into effect to the utmost of his power, all and every of the city ordinances, according to the true intent and meaning of the same; as well those which now are, as those which hereafter shall or may be in force; to obey and execute all the commands and orders of the Mayor and Aldermen, in relation to any matter or thing in which the city may be in any wise concerned or interested; to be vigilant in detecting any violation or breach of any law or city ordinance; and for that purpose to pass through every street, lane, alley, or open court of the city, not less than twice a week; to furnish the Mayor, once a week, with a detailed report, in writing, of all such offences against the laws or the city ordinances, or of any of them, as he or his deputies may have detected; to prosecute all offenders against the laws or city ordinances, if possible, within one week after detecting or ascertaining the offence or offences by them respectively committed; to attend regularly and punctually, on all trials of offenders prosecuted on behalf of the city; and to use all lawful ways and means, for the effectual prosecution, and final conviction of offenders ; to lay before the Mayor and Aldermen a correct statement of all prosecutions by him instituted before the Municipal or Police Court, within one week after their final determination; and further to perform all such other and additional duties, and to comply with all such regulations, as may at any time be prescribed to him, by the Mayor and Aldermen.

[6] SEC. 6. Be it further ordained, That the Mayor and Aldermen may, at any time, by vote, remove from office the said City Marshal; and thereupon, or in case of his death or resignation, proceed to appoint a successor, for the residue of the year. And the said City Marshal and his deputies, shall be compensated in like manner, as the Superintendent of Police and his assistants, are now by law authorized to be compensated.

[7] SEC. 7. Be it further ordained, That the office of Superintendent of Police, be, and the same is hereby abolished.

An Ordinance, in addition to an Ordinance, authorizing the election and prescribing the duties of the City Marshal. [Passed May 25, 1829.]

[S] Be it ordained by the Mayor, Aldermen, and Common Council of the City of Boston, in City Council assembled, That the first section of an ordinance providing for the choice of a City Marshal, in the month of May annually, passed June 11, 1823, be, and the same is hereby so far altered as that said choice may be made at any time within the month of June, annually.