USA > Massachusetts > Suffolk County > Boston > Report of the record commissioners of the city of Boston, containing the Boston records from 1700 to 1728 > Part 2
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Ordered that no person or persons. do presume hereafter to carry fire from any House or place within the Said Neek or Town of Boston nnto any other Honse or place within the same but in a warming pan or other safe vessell well eovered So as to secure the Said fire from the wind and from being seatered by the way, or in the Streets or lanes thereof, on pain that every person therein offending shall Forfite and pay for the use of the poor of Said Town the Summ of two Shillings, And whosoever shall permitt or suffer any fire to be earryed out of their Honse or Houses, place or places unless it be [243.] covered and seeured as aforesaid shall forfite and pay for the use aforesd. the Sum of one Shilling.
Ordered that the Seleetmen for the time being, upon complaint to them made or otherwise upon their own Knowledge of any defeetive chimney or chimneys within this Town, do from time to time take effeetuall eare to have the same inspected & veiwed and order the same to be speedily amended and repaired (if it may be done) or taken down on paine of the forfiture of Tenn Shillings a moneth by the owner or Oeupier thereof that shall negleet to Observe and perform sueh Order of the Seleet men, being declared to him or them and entered of record, unless the season of the year will not admit of the amending and repaireing of the Same and in Such case the Ocupier thereof shall forbear to make or keep any fire therein On penalty of twenty Shillings for every sueh offence, And if any chimney hapen to take fire so as to flame out at the top thereof, the Ocnpier of sneh Chimney shall forthwith forfite and pay the Summ of Ten Shillings.
Ordered that every Householder shall from time to time be provided with a Sufficient Ladder or Ladders, to reach from the ground to the ridge of Such Honse, at the charge of the Owner thereof, and in ease the Owner or owners of Sueh honse or houses be not an Inhabitant of this Town, then the Oenpiers thereof to provide the same, and deduct the charge thereof ont of his or thier rent, on paine of the forfiture of Six Shillings & eight penee for every neglect after three moneths notiee given by Such person or persons as the Select men for the time being shall appoint for
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CITY DOCUMENT NO. 137.
the inspecting & Obsearvance of this Order, And if any person or persons shall remove or take away (unless by the Order of two or more of the Said Seleet men) any Ladder belonging to the Said Town or Publick meeting houses, except for present use in case of fire, every Such person or persons So offending shall forfite and pay the Summ of twenty Shillings.
Ordered that whosever Shall Kindle or make any fire open or abroad, within two rodds of any wooden house, warehouse, wood pile, or any other eombustable matter Subject to take fire (except in Ship Carpenters building yards, Sett work coopers, and Rope- makers works, when a earefull person Stands by to watch the same) Shall forfit and pay the Summ of ten Shillings to the use of the poor of the Town, Provided also that this order shall not be understood or intended to debarr or hinder any tradesmen or others from Kindling charcole in a pot or pan out of doors nigh their house or shop, at any time dureing the day light, and pro- vided also that Some carefull person Stand by to watch the Same while it shall be continued in the open aire.
[244.] Ordered, That cvery Master of any Vessell lieing at or neer to any wharfe, on board of which fire Shall be kept burn- ing after tenn of the clock at night, or be kindled before five in the morning, Shall forfeit and pay the Summ of Tenn Shillings.
Ordered, That every householder from time to time & at all times hereafter shall be provided with a sufficient Pole of twelve foot long or more, with a large Swabb fastened at the end thereof, or with a Sufficient hand Engine Sutable for the quenehing of fire, on paine of forfeiting the Summ of five Shillings for each negleet, or not shewing forth the same upon demand unto the offieer, which shall be appointed by the Select men to inspeet the same, within two moneths, after notice given them to provide the aforesd. pole, swabb, or other sufficient hand Engine in.
Ordered, That from heneeforward no person or persons shall keep any Gun powder of greater quantity then Twenty pounds weight, in any warehouse dwelling house or shop within this Town, but in such place or places as His Majtes. Justiees of the Peace within this town, and the Seleet men for the time being shall appoint or approve off for that purpose, on penalty of forfeiting the Summ of Twenty Shillings for every week that any person or persons Shall Keep Gunpowder contrary to this order, after the said Justices & Select men have Signified their appoint- ment & Assignemt of some place or places for keeping the Same.
Ordered, That no cooper or coopers within this Town Shall Fire or burn thier eask in any Shop ware house or other place, then in a Sufficient Chimney made convenient for that use, on penalty of forfeiting the Summ of Twenty Shillings for every Offenee Contrary to this Order.
Ordered, That from the Tenth day of March to the first day of November yearly and every year hereafter, every Householder (excepting sueh who have propriety in a well with a Suffieieney of water and Conveniency of drawing the same nigh unto his or „ thier dwelling house) shall at all times within the limitation afore- said, keep in thier houses yards or back sides, a pipe, hogshed or
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BOSTON TOWN RECORDS, 1701.
Teirce full of watter, on pain of forfeiting the Summ of five Shil- lings for every Sneh Neglect, and that no person or persons shall be excused therefrom that feteh their water from the wells and Condnits that are in the Streets & publiek places.
[245.] Ordered. That no Bntcher shall by himselfe, wife or servant, weigh and sell any dead meat by stylyards, but shall with- in two moneths after publication of this order be provided with good and sufficient Scales and sealed weights, and sell and weigh their meat thereby, and no otherwise npon paine of forfeiting the Summ of Ten shillings for every Transgression, and five shillings p' week while he or they continue deficient of such Seales and weights as aforesaid, And that every person and persons who shall carry forth any dead meat to sell in a wheel barrow or otherwise shall weigh and Sell Such meat by good and Sufficient Scales and Sealed weights, and no otherwise, on pain of forfeiting the Snmm of Tenn Shillings for each Transgression of this order.
Ordered, That no person or persons shall shoot at any Bird or Birds, or at any mark in any of the inclosed grounds, pastures, gardens or orchards within the Neck of Boston, nor shall shoot at the fence of any Such place. or at any Bird or Birds that may be €
upon any Such fenee, or on any Tree or bush that may be in Such pastore. garden or orchard, or in any of the Streets, lanes or alleys of this Town, On pain of forfeiting the Summ of Twenty Shillings for every offenee against this order.
Ordered, That no person whatsoever shall carry or cause or snf- fer to be carryed or cast, any dirt dung, Garbidge, carrion, shreds, shaveings, filth, Soyle, or Rubbish, or any thing that may be an annoyance, out of thier houses, shops, yards, backsides, or any of the dependancyes thereof and cast or lay the same in any of the streets, highwayes, lanes or alleyes within this Neck of Boston, on paine of forfeiting the snmin of five shillings for every such offence. Nor shall any person incumber or annoy any Street, lane, or Alley, within this Town by laying any Stones, Earth, Timber, boards, firewood or other Lumber, therein, and Suffer the same to lie there above the Space of forty-eight Hours, under the like penalty of five Shillings for every such offence, and five shillings more for each forty eight hours he or they shall suffer the same to lie there. Provided that this order shall not be understood to debarr or hin- der any of the Inhabitants (who in case of building any houseing or digging any cellor or well) of the liberty of laying their Rub- bish, or materialls, for such buildings, wells, or eellors, such farther time [246.] and in such part of the Streets and lanes as shall be farther granted them by the Select men for the time being, or any two of them.
Ordered, That no Butcher shall suffer any Gnts, Garbidge or other filth to be cast or bronght out of his or their Shop, Slaughter house, or other place of killing, and suffer the same to be layd or lie in any street lane or Alley, or neer thereunto, on pain of for- feiting the Summ of Tenn Shillings for every Transgression of this order.
Ordered, That no person shall Erect or set up any Pentice, jetty or Pendal over any of the Streets, lanes or highwayes of this Town,
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CITY DOCUMENT NO. 137.
of less then cight foot in hight from the ground, on pain of forfeit- ing Twenty Shillings for every Such offence, and the like forfeiture of Twenty shillings for every month which the same shall con- tinue so Erected and Sett up, the penalty to be paid by the Owner thereof.
Ordered, That no person whatsoever shall hereafter Erect or set up any House of office or Easement within this Town, or suffer the same to continue being already Set-up, or standing within forty foot of any Street lane or high way, or the dwelling house, Shop or well of any neighbour, unless the same be vaulted Six foot deep, and Sufficiently enclosed or otherwise secured, on painc of forfeit- ing the summ of Twenty Shillings for every Transgression of this order. And the like Summ of Twenty shillings for every moneth it shall so continue. Nor shall any person keep any hogg or swine in any hoggstey within twenty foot of any highway, street, lane or alley within this neck of Boston, or the dwelling house or shop of any Neighbour on penalty of Tenn Shillings for every transgression of this order, and Tenn shillings for every moneth such hogg or swine shall be kept and continued in such Stey.
Ordered, That no person whatsoever Shall at any time hereafter ride or drive a gallop or other extream pace within any of the Streets, lanes, or alleys in this Town on penalty of forfeiting three Shillings for every such offence, and it may be lawfull for any of the Inhabitants of this Town to make Stop of such horse or Rider untill the name of the offender be known in order to prosecution Farther that whosoever shall hereafter by themselves or servants turn or let loose to water or otherwise any Horse into any of the streets or lanes of this Town, shall forfeit and pay the sum of two Shillings for every such transgression of this order.
[247.] Ordered, That whosoever shall at any time hereafter use the Exersise of playing or kicking of foot ball within any of the Streets or lanes within the body of this Town, shall forfeit and pay the summ of two shillings, for every Transgression of this order. Nor shall any person hereafter fire or throw any Squib or Squibs, Rocket or Serpent, or other fireworks in any of the streets lanes or highwayes of this Town, on paine of forfeiting five Shil- lings for every such offence. Nor shall any person throw or heave any Snow ball, or Snow balls at any person, in the streets lanes, or Alleyes of this Town, or into any house or houses or shop, on pain of forfeiting two shillings for every transgression of this order.
Ordered, That no person shall hence forth make and fire any lime Kiln or Erect and burn any brick Kiln, but in such place and places as the select men for the time being shall approve and allow of, on penalty of twenty shillings for every such such transgression.
Ordered, That henceforth no cart, Dray, Trucks or Sled drawn by either horse or horses, or horse and Oxen, shall be suffered to pass through any of the streets or lanes in this Town, but with a sufficient driver, who shall dureing such passage, Kcep with his Said Cart, dray, Trucks, or Sled, and carefully observe and attend such methodes as may best serve to keep said horse or horses, or oxen under comand, And what so ever Carter or others, undertake-
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BOSTON TOWN RECORDS, 1701.
ing to drive any cart, dray, Trucks or sled, shall dureing Such passing through the streets or lanes as aforesaid either ride in the . said Cart. dray. Trucks or Sled, or otherwise neglect to Observe and attend the rules prescribed in this order, such Carter driver or owner, of such cart. dray, Trucks, or sled, shall forfeit and pay the sum of two shillings for every such offence.
Ordered, That no person shall hence forth break or digg up the Ground in any of the streets, lanes or highwayes in This Town, for the laving or repairing any dreine, or any other ocation, without the leave and approbation of two or more of the Select men for the time being, on pain of forfeiting the summ of twenty shillings for every such offence.
Further that who soever shall digg or cause to be digged and broken up any Ground in any street, lane or high way within this Town, shall within such time as any Two or [248.] more of the Select men for the time being shall grant after the same is broken up. cause the same to be sufficiently repaired and amended to the satisfaction of the Select men on pain of forfeiting the summ of twenty shillings and also the sum of twenty shillings p' week untill the same be amended and repaired as aforesaid. And any person who lath heretofore at any time digged or broken up any of the ground in the streets or Lanes and not yet sufficiently re- paired the same, and shall neglect so to do for the space of one moneth after the Town's voteing this order shall forfeit and pay the sum of five shillings p' week till it be amended and repaired.
Ordered, That none shall bury the body of any dead person without makeing the same Publick by causeing a first and second Toll of the bell of one of the Publick meeting houses on pain of forfeiting the sum of Twenty shillings for every such offence. Nor shall any in burrying of their dead exceed One hour from the time of the begining of the Toll of the second bell, untill the corps shall be carryed out of the house from whence such corps is to be burrved, and be on motion towards the grave, on pain of forfeiting Twenty shillings for every such offence. And if any person or persons shall bury their dead on the Lord's day he or they shall not exceed one hour from the begining of the Toll of the first bell untill the corps be carryed forth out of the house and on motion towards the grave, on pain of forfeiting Twenty shillings for every such offence.
Ordered. That none shall break up the ground in any of the Publick burrial places, for the makeing a Tomb therein without the approbation of three or more of the Select men for the time being under their hands. On pain of forfeiting the Sum of Twenty shillings for every such offence. Nor shall any person digg a grave in any of the Publick burriall places of this Town but such as shall be allowed and appointed by the Select-men for the time being, On pain of forfeiting ten shillings for every such offence.
Ordered, That no person shall digg any grave or make any coffin on the Lord's day without the approbation & allowance of two of the Select men for the time being, On paine of forfeiting the summ of Twenty Shillings. Nor shall any person keep open their shop or Cellor that they manage or keep their callings in, on
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CITY DOCUMENT NO. 137.
the evening preeeeding the Lord's day or on the Lord's day, on pain of forfeiting the sum of [249.] five shillings for every sueh offence to be paid by the Oeupier of such Shop or Cellor.
Ordered, That no person shall hereafter ride any horsc, mare or Gelding into the Comon, or to Weelers pond, or to any usual place of watering, on the Lords day, on pain of forfeiting the Sum of five shillings for every such offenee.
Ordered, That no person suffer their yards, orehards, pastures, or Tann yards, to lie open where there is a well Cellor, Tanpits, or other pits uncovered, on pain of forfeiting the sum of ten shillings for every such offence, And five shillings for every week after, till sueh fence be sufficiently repaired and amended or such well, pit or cellor be filled up.
Ordered, That from hence forth no person whatsoever shall digg any Cellar, ereet any building or fence, or remove any land- mark, next adjoyning or bordering upon any highway, street lane or other Lands belonging or appertaining to this Town, untill two or more of the seleet men for the time being, or such other persons whom the Select men or the major part of them shall appoint there unto, shall have veiwed set forth and determined the bounds there of. On penalty that every person transgressing this order shall forfeit and pay the sum of Twenty shillings. Further that whoso- ever shall eneroaeh upon the Towns land contrary to such deter- mination and line stated and agreed unto by sueh seleet men as aforesaid shall forfeit and pay the sum of Twenty shillings, And further shall forfeit, and pay the sum of twenty shillings for every moneth that such encroachment or ineumberance shall remayne un- removed.
Ordered, That no person dwelling or resideing within this Town of Boston, shall by himselfe or others, buy, contract or bargaine, for any sort of grain, meal, butter ffowls, mutton, veal, pork, eggs or any other sort of provision, while it is bringing between Rox- bury gate and the houses of the Town, before two of the clock in the afternoon, On penalty of Twenty shillings, for every such offenee. Further that no Buteher shall buy or bargaine for, any dead meat as it is bringing to this Town, or expose such meat to sale, on penalty of Twenty shillings for every transgression of this order
[250.] Ordercd, that the Seleet men for the time being shall yearly nominate and appoint, a competent number of meet persons for the eording of wood, and eause the names of such persons to be presented unto one of His Majties Justiees of the Peace, in order to their being sworn to the faithfull discharge of Said trust, And that no person but such as are appointed and sworn as aforesaid shall be suffered to Cord any wood for sale in this Town, untill the owner or vendor thereof hath applied himselfe to two or more of the aforesaid Sworn Corders and they refuseing or negleeting to cord the same, On pain of forfeiting the sum of Ten shillings And that no person shall expose any wood to sale, which hath been eorded by any other person or persons then afore appointed sworn corders, untill first two or more honest and indifferent men ffree holders and Inhabittants of this Town shall veiw and approve the
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BOSTON TOWN RECORDS, 1701.
same to be well corded and of sufficient highth, on pain of forfeit- ing Tenn Shillings for every transgression of this Order.
Ordered. That it shall and may be lawfull for the select men for the time being, yearly to nominate & appoint one or more meet persons in the severall divisions of the Town, to inspect and pros- ecute the breach of all or any of the penall orders which are or shall hereafter be made by this Town, and allowed of by the Sessions of the Peace, and to allow and assigne such persons Salerves & rewards as unto the said Select meu shall be judged meet and convenient. And if auy person So nominated and appointed accept of such office, and afterwards neglect and refuse to inspect and prosecute the breach of such order or orders he shall forfeit and pay the sum of Twenty Shillings.
Ordered, That any person being chosen and accepting the Office of Corder of wood and neglecting to perform the faithfull discharge of his office shall forfeit and pay the Summ of Twenty Shillings. Further that any persou being orderly chosen to the office of Scavenger or Hog reeve & shall neglect or refuse to attend and prosecute the duty of his or their offices, shall forfeit and pay the sum of Twenty Shillings.
Ordered, That no person whatsoever shall hereafter break, digg, or carry away, any of the Sord. Turf, or Earth of or belonging to the comon or comon lands, (except at Fox hill, or the Ridge hill between that & windmill hil) on pain of forfeiting Twenty shil- lings. for every breach of this order
[251.] Further that no person shall Lop peel, girdle, or de- face. any of the trees now standing or that shall hercafter be planted or Set by order of the Select men, or by their approbation upon any part of or place in the comon ground of this Town, on pain of forfeiting the sum of Twenty Shillings for every such offence. Further that no person shall cast or spread any Stones, Carrion or other Trash upon the comon or coinon lands in this Town, on pain of forfeiting the sum of Twenty shillings.
That no Horse, dry Catle or Shecp shall be suffered to go at large or to feed on the Comon or comon lands, or any of the streets or lanes of this Town on pain that the owner or owners thereof shall forfeit & pay five shillings for each Horsc, and three shillings p' head for neet dry cattel and one Shilling for every sheep, that shall be found going at large upon the said comons, or streets, or lanes, and it shall and may be lawfull for such per- sons whom the Select men for the time being shall appoint therc- unto, to impound such horse, neet cattle or shcep so found Trens- gressing.
Ordered, That no Hogg, or swine, shall be suffered to go at large within this Neck of Boston, saveing in and upon the land or Enclosed ground of or in possession of the owner or keeper of such swine (Except also such swine that are driveing to market) On pain that such Owner or keeper of such hogg or swine shall forfeit and pay the sum of twenty Shillings for every Hogg or . swine that shall be found goeing at large contrary to this order, or the full value thereof if not exceeding twenty shillings, onc halfe to him or them that shall seize and secure the same, the other halfe
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CITY DOCUMENT NO. 137.
to the poor of this town. Further it is hereby provided that if it appear that the Owner or keeper of such Ilogg or swine be actu- ally in pursuit of it or them at and before the scizure, then sueh owner and keeper shall have his hogg or swine released to him.by sueli person who by virtue of this order had Seized and scenred tlie same, he paying to such Scizer two shillings for every Hogg so scized by him, And it shall & may be lawfull for such person or persons that are chosen to the office of Hog reeves for the time being, or in their absenee for any of the Inhabittants of this Town to seize secure or impound any Hogg or Swine going at large contrary to this order, and upon his or their so doing shall make application to one of His Majties Justices of the peace within this Town, to order an apprizement, Award and give Judgment ae- eording to the true intent & meaning of this order.
[252.] Ordered, That any person who shall hereafter have or keep any Curst or unruly Dogg or Bitch within this Town, so as to harm or do damage to any person whomsoever, or to any Horse, neet Cattle, sheep or tame ffowl, And upon warning or notiee given by any of the Inhabitants unto such owner or kceper of Such Curst or unruly Dogg or Bitch, that the same hath been known to bite seiz upon worry or do harm to man or beast aforcsaid, and the same so appearing, such owner or kecper of such unruly Dogg or Biteh, shall forth-with eause the Town to be rid and discharged of the same, On pain that the owner or kceper of sueh unruly Dogg or Biteh shall forfeit and pay the sum of ten shillings, and five shil- lings more for every day after, that sueh unruly dogg or Bitch shall be seen to go at large in this Town.
Ordered, That if any person shall keep or entertaine more then one Dogg or Biteh and suffer the same to go at large within this neek of Boston, and upon Complaint made unto the Select men for the time being by any of the Neighbourhood, that such Doggs are offeneive to them, doing damage to their Gardens, Orehards, pas- tures or other wise, And the said Seleet men or any two of them, ordering and Notifieing such Owner or keeper of such Dogg or Doggs to shut up or other wise discharge the Town of the same dureing sueh time as they shall limit, Every Such owner kecper or oentertainer of such Dogg neglecting to attend the Order, of said Select men as aforesaid, shall forfeit and pay the sum of five shil- lings for every Dogg or Bitch by them so kept or entertained and suffered to go at large contrary to the true intent and meaning of this order.
Ordercd, That the Select men for the time being, or the Major part of them, are hereby appointed & impowered as agents, Trustces, or Attornyes, to sue for any Houses lands or other Estates or In- trests whatsoever belonging or iu any wise appertaining to this Town. And to commence and Effectually to prosecute any Suit or Suits and Actions in any Court or courts, against all and every person and persons whatsoever, with holding or deteincing the same, in as full and ample manner, as if the same were more largely set forth and exprest, with full power to Substitute one or more Attorneys under them, and the Same againe at pleasure to revoke.
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