By-law; or shall hinder, obstruct or prevent any Inspector or Inspectors aforesaid, or any person aiding or assisting him or them, from stopping any waggon or other vehicle for carrying Bread; or from seizing, taking and carrying away, and disposing of, according to law, any Bread found in the said City, not conformable to this By-law; every person so offending shall forfeit and pay a Fine or Penalty not exceeding Twenty Dollars, or be liable to an Imprisonment not exceeding Thirty Days, or be liable to both fine and imprisonment, for each and every such offence.

Wooden buildings and prohibited.

CHAPTER IX.

By-Law concerning the Erection of Buildings.

E it ordained and enacted by the Council of the City of

BE Montreal, as follows:

Sec. 1. The Inspector of Buildings, appointed to enforce the laws relating to the construction of Buildings in this City, and for the prevention of accidents by fire, shall be termed Inspector of Buildings, and shall be under the direction of the Fire Committee.

Sec. 2. No person shall hereafter construct any Wooden shingled roofs Building, of any kind or description whatever, within the limits of the said City; or cover wholly or in part any Building of any kind whatsoever, within the City limits, except as hereinafter provided, with shingles or wooden material of any kind whatsoever; neither shall any person erect or construct, or attach to any Building, within the limits aforesaid, any gutter, conductor, or spout that is not effectually secured against fire. It may however be lawful to erect Buildings encased with brick work. Provided, however, that nothing in this law contained shall be construed in any manner to prevent the Council of this said City, in special cases,

Proviso.

and for special causes, to give permission to erect Buildings different from those specified in the next preceding section.

Sec. 3. No front, rear, or other wall of any such Dwellinghouse, Store, Storehouse or other Building now erected, or hereafter to be erected, in the said City, shall be cut off or altered below, to be supported in any manner in whole or in part by wood, but shall be wholly supported by stone, brick, or iron, and no wood shall be used between such wall and such supporters.

buildings

Sec. 4. Every Building hereafter erected or constructed wooden contrary to the provisions of the foregoing sections, shall be, a nuisance. and the same is hereby declared to be a public and common nuisance.

or spouts not to

shingles or

Sec. 5. No person shall repair, or cause to be repaired, Wooden roofs any wooden or other roof of any brick or stone house or be repaired with Building, or any spout, belonging or attached to any house or boards. Building within this City, with any shingles, boards, planks, or other wooden materials whatsoever; or with any other than metal or incombustible materials.

positions for mitted.

per

Sec. 6. But whereas it has been shown to the satisfaction Certain comof the City Council, that the compositions for covering the roofs of Buildings, known and patented as "Warren's Prepared Fire and Water-proof Composition Roofing," and "Racicot and Laurent's prepared Fire and Water-proof Composition Roofing," are really and truly fire-proof, it may be lawful to construct board and plank roofs to Buildings within the limits of this City, and to cover the same with either of the said compositions: Provided, however, that the Proviso. Inspector of Buildings shall be empowered to order the same to be removed and to be replaced with metal in case of roofs so covered which he shall decide to be defective and liable to damage by fire.

buildings may

receive a new

Sec. 7. If any Wooden Building shall require new roofing, Wooden it shall and may be lawful for the proprietor or proprietors thereof to raise the same for the purpose of making a flat roof, provided that such new roof shall be covered with metal

roof, &c.

May be enlarged.

Wooden sheds.

Piazza, balconies, &c.

Privies.

Repairs to wooden buildings.

Damage, by whom ascer

tained.

or any of the articles sanctioned to be used in the next preceding section of this By-law, and provided such Building when so raised shall not exceed thirty-five feet in height to the highest part thereof from the curb level.

Sec. 8. No Wooden Building now erected shall be enlarged or built upon, unless such extension or addition be of fireproof materials, nor shall any Wooden Building be removed from one lot to another.

Sec. 9. No Wooden Shed shall be erected or permitted unless one whole side of the same shall be left entirely and constantly open, and provided also the same does not exceed twelve feet in height to the peak or highest part thereof from the level upon which it is placed. Nothing in this section or in this By-law shall be held or construed to prohibit the erection of any Piazza, Platform or Balcony, not to exceed ten feet in width on the level of the first story of any Building to which the same may be attached: provided that such Piazza, Platform or Balcony shall not extend more than three feet above the second floor of any such Building as aforesaid.

Sec. 10. All Privies not exceeding ten feet square and ten feet high shall, and all Ferry-houses may, be built and covered with wood, provided such Privies and Ferry-houses shall not be used for any other purpose than a Privy or Ferry

house.

Sec. 11. Every Wooden Building, which may hereafter be damaged by fire to an amount less than one half of its value, may be repaired or rebuilt; but if such damage be greater than one-half such value thereof, then such Building shall not be repaired or rebuilt, but shall be taken down.

Sec. 12. The amount and extent of such damage by fire or otherwise, mentioned in the last preceding section, shall be determined by the Inspector of Buildings, one Surveyor appointed by the Fire Insurance Company or Companies, if such Building be insured, and one by the owner, or owners of the property. But if such Building or Buildings be not insured, then the damage shall be determined by the said

Inspector, one person appointed by the owner or owners, and another expert chosen by the two former. In case the owner or owners shall refuse or neglect to appoint an expert for the purpose of estimating such damage, then it shall be lawful for the Recorder to appoint such expert.

chimneys.

Sec. 13. No person or persons shall hereafter construct Construction of in any House or Building covered with shingles, or wood, within the said City, any Chimney or Chimneys which shall be elevated less than three feet six inches above the ridge-pole thereof, or shall construct in any house covered with metal, slate, or tile, any Chimney or Chimneys which shall be so elevated less than two feet, or shall construct such Chimney or Chimneys so obliquely as to prevent it or them being easily swept, or shall construct any vent or vents or sweep opening in such Chimney or Chimneys of less area than one hundred and forty-four inches each, or shall fail to have the joints of the bricks, when such material is employed, smoothly pointed or drawn, the bricks also to be well laid in mortar, and grouted with liquid mortar.

neys, &c.

through roof.

Sec. 14. No person shall hereafter construct, or permit Brick chimto be constructed, in his, or her house, in the said City, any Chimney of brick, the sides of which shall be of less thickness than eight inches, within such Building, and the area of the flue thereof less than one hundred and fourty-four inches, or without having a good and proper stone foundation; neither Stove-pipe shall any person pass a stove-pipe through the top or sides of any Wooden-house, Out-house, Fence, or any Building whatsoever, owned or occupied by such person in the said City. Sec. 15. Any proprietor or proprietors of any House or Chimneys to Building within the said City, who shall neglect or refuse to maintain the Chimney or Chimneys of such House or Building in good condition, or to repair the same when required by the Inspector aforesaid, or fail to cause the removal of any obstruction or obstructions in the said Chimney or Chimneys, preventing the same from being well and easily swept, or who shall permit more than two pipes to terminate in the same Chimney in each story of such House or Building, or who shall

be kept in

order, &c.

May be enlarged.

Wooden sheds.

Piazza, balconies, &c.

Privies.

Repairs to wooden buildings.

Damage, by whom ascertained.

or any of the articles sanctioned to be used in the next preceding section of this By-law, and provided such Building when so raised shall not exceed thirty-five feet in height to the highest part thereof from the curb level.

Sec. 8. No Wooden Building now erected shall be enlarged or built upon, unless such extension or addition be of fireproof materials, nor shall any Wooden Building be removed. from one lot to another.

Sec. 9. No Wooden Shed shall be erected or permitted unless one whole side of the same shall be left entirely and constantly open, and provided also the same does not exceed twelve feet in height to the peak or highest part thereof from the level upon which it is placed. Nothing in this section or in this By-law shall be held or construed to prohibit the erection of any Piazza, Platform or Balcony, not to exceed ten feet in width on the level of the first story of any Building to which the same may be attached: provided that such Piazza, Platform or Balcony shall not extend more than three feet above the second floor of any such Building as aforesaid.

Sec. 10. All Privies not exceeding ten feet square and ten feet high shall, and all Ferry-houses may, be built and covered with wood, provided such Privies and Ferry-houses shall not be used for any other purpose than a Privy or Ferry

house.

Sec. 11. Every Wooden Building, which may hereafter be damaged by fire to an amount less than one half of its value, may be repaired or rebuilt; but if such damage be greater than one-half such value thereof, then such Building shall not be repaired or rebuilt, but shall be taken down.

Sec. 12. The amount and extent of such damage by fire or otherwise, mentioned in the last preceding section, shall be determined by the Inspector of Buildings, one Surveyor appointed by the Fire Insurance Company or Companies, if such Building be insured, and one by the owner, or owners of the property. But if such Building or Buildings be not insured, then the damage shall be determined by the said