the same, one moiety thereof to the use of the state, and the other CHAP. 32. moiety to the prosecutor. And any justice of the peace in the county, where such ship or vessel shall arrive as aforesaid, on complaint in writing, made to him by a majority of the overseers of the poor of the city or town, where the vessel arrived, that the master thereof has not complied with the foregoing provisions of this section, shall issue his warrant to the sheriff of said county, or any of his deputies, or constable of said town, requiring them to attach and detain such ship or vessel, until said penalty and the costs shall be paid by said master; but if not paid within twenty days, then the officer, having the warrant, shall sell said vessel at auction, after posting public notice of the sale in said town, four days beforehand; and after deducting from the amount, all the said penalty and costs, shall pay over the balance to the owner on demand. SECT. 57. The selectmen of the several towns of this state Selectmen may dispense with may, at their election, dispense with the bond, required by the sec- bond, on certion last preceding, if the master or owner of the ship or vessel, tain conditions. 1838, 339, § 1. in which any such passengers may arrive, as aforesaid, shall, before the landing of such passenger, pay into the treasury of the town, at which such ship or vessel shall arrive, such sum as said selectmen shall think reasonable, not exceeding five dollars for every such passenger, whom he may intend to land; to be appropriated as such town may direct, for the support of paupers. in maritime SECT. 58. Any town, accessible by ships or vessels, shall have Appointment of power to appoint one or more visiting officers, whose duty it shall visiting officers, be, on the arrival of any ship or vessel, having on board one or towns. more such passengers, to go on board such ship or vessel, and there 1838, 339, § 2. remain, until the provisions of the fifty-sixth and fifty-seventh sections of this chapter shall be complied with. It shall be the duty of such visiting officers, or either of them, to prevent the landing of any such passenger, against the provisions of said sections. In case of the violation of said provisions, or an intention to violate, suspected by them, it shall be the duty of such officers to give information to the selectmen of their town. A reasonable compensation shall be paid to any such officer, by the master or owner of such ship or vessel, to be fixed by the selectmen. ters of vessels ions. SECT. 59. If any master or commanding officer of any such Penalty, if masship or vessel shall land any such passenger, at any place within attempt to this state, other than that to which such ship or vessel shall be des- evade the foregoing provistined, with the intent to avoid the requirements of this chapter, such master or commanding officer shall forfeit one hundred dollars, 1838, 339, § 3. for every such foreign passenger, thus landed; to be sued for and recovered in the same manner and to the same uses, as the penalty provided in the fifty-sixth section of this chapter. SECT. 60. Every thing prescribed in this chapter, in relation to Provisions of this chapter, towns shall also be applicable to any city in this state; and in applicable to relation to the selectmen of any town, to the mayor and aldermen cities. of any city; and in relation to the overseers of the poor of any town, to the overseers of the poor of any city, or to such other officers as have the care and charge of the poor in said city. СНАР. 33. Selectmen of towns may appoint engine men. 1831, 506, § Exemption from military duty. 1831, 506, § 1. Term of appointment, meetings and officers. 1. CHAPTER 33. OF ENGINES, ENGINE MEN, AND FIRES. SECT. 1. Selectmen of towns may appoint SECT. 13. Powers of fire wards, during fires. engine men. 2. Exemption from military duty. 4. Of firemen appointed under spe- 5. Engine companies may establish 6. Duties of engine companies. 8. Selection from engine men, for 9. Election of fire wards. 10. Their duties. 11. Powers of selectmen, in their ab sence. 12. Powers of other officers, in their] 14. Penalty, for refusing obedience. 16. Persons dissatisfied, may apply to 18. Punishment, for plundering at fires. 20. Penalty, for violation by livery stable keepers. 21. Appropriation of penalties. 22. Engine men, excused from serving as jurors. 23. Limitation of the foregoing regulations. SECTION 1. Whenever any town, corporation or individuals, shall possess, and keep for public use, any fire engine, the selectmen of the town, in which the same is kept are empowered to appoint any number of suitable persons they may deem necessary, not exceeding sixty, to each engine having a suction hose, and not exceeding thirty-five, if without a suction hose, to be engine men. SECT. 2. The engine men, so appointed, shall be exempted from all military duty, except that of being detached or called out to execute the laws, to suppress rebellion, or repel invasion; provided, that every person, claiming such exemption, shall first produce to the commanding officer of the company to which he belongs, on or before the second Tuesday of April annually, the cerficate of the selectmen, that he has been duly appointed an engine man, and that he faithfully performs his duties, as such. SECT. 3. Such engine men shall continue in office, during the pleasure of the selectmen; and they are hereby authorized to meet annually, in the month of April, May, August, October and No1821, 132, § 1. vember, and at the May meeting to elect a master and director or directors, clerk, assistant clerk, and such other officers of the company, as shall be deemed necessary to give efficiency to their oper 1830, 473. Firemen ap pointed under special laws. Special laws, 1831, 134, § 3. ations. SECT. 4. The chief engineer, engineers and firewards, and other officers appointed for particular cities, towns or districts, under the provisions of special laws, shall have the same power as to pulling down or demolishing any house or building to prevent the spreading of fires, and as to other things affecting the extinguishment thereof, as firewards now have, by the laws now in force in this state; and the city or town, to which they belong, shall be liable to pay such compensation for damages consequent upon the acts of the chief engineer, engineers and firewards, and other officers, as other towns are liable to pay for similar damages; and the members of the fire CHAP. 33. department in such towns, cities or district[s] shall enjoy all the privileges, and be liable to all the duties of other firemen in the state. panies may es SECT. 5. The engine men, appointed under the authority given Engine comin the first section, may establish such rules and regulations, re-tablish by-laws. specting their duty, as shall be approved by the selectmen, and 1821, 132, § 1. shall not be repugnant to the laws of the state; and annex penalties, to be recovered by their clerk; but no penalty for any one offence shall exceed six dollars. gine compan ies. SECT. 6. The companies of engine men, appointed as afore- Duties of ensaid, shall be bound to meet once every month, and oftener if necessary, for the purpose of examining the state of the engines, 1821, 132, § 2. to which they belong, and the appendages of the same; and it shall be their duty, by night, or by day, under the direction of the firewards of the town, to use their best endeavors to extinguish any fire in the same, or the immediate vicinity thereof, that shall come to their knowledge, without delay. SECT. 7. When any engine man, or any member of either of Discharge of the companies, mentioned in the fourth section, shall be remiss or gine men, from negligent ennegligent in the discharge of his duties, in the opinion of the select- the company. men, it shall be their duty, on proof thereof, to discharge him from 1821, 132, g ́4. the said company, and appoint some other person in his stead. engine men, 1821, 132, § 5. SECT. 8. The selectmen of any town may, in their discretion, Selection from select from the engine men any number, for each engine in said for other duties, town, whose duty it shall be, under the direction of the fire wards, at fires. to attend fires therein with axes, fire hooks, fire sails and ladders, and perform such further duty, as the selectmen shall from time to time prescribe. wards. SECT. 9. Each town, at the annual meeting, may elect as many Election of fire fire wards, as may be deemed necessary; and each person so cho- 1821, 132, § 6. sen, shall be notified in three days, and he shall enter his acceptance or refusal of the office with the town clerk, within three days after such notice, on penalty of ten dollars, unless excused by the town; and if excused, the town shall elect another in his room. SECT. 10. When any fire shall break out in any town, the fire Their duties. wards shall, immediately, attend at the place, with their badges of office; and when there, any three of them shall have power to direct any building, to be pulled down or demolished, as they may judge necessary, to prevent the spreading of the fire. 1821, 132, § 6. lectmen, in their absence. SECT. 11. If such fire wards be not present, a major part of Powers of sethe selectmen present, shall have the same power. SECT. 12. If no selectmen be present, two or three civil offi- 1821, 132, § 7. cers, or in their absence, military officers shall have the same power officers, in their as fire wards. Powers of other absence. fires. SECT. 13. During the continuance of any fire, said fire wards Powers of fireor other officers shall have power to require assistance, in extin- wards, during guishing the fire, and removing merchandize and furniture, and to 1821, 132, § 7. appoint guards, to secure the same; and aid in pulling down or demolishing buildings, and suppressing disorder and tumult; and generally to direct all operations to prevent further destruction or damage. CHAP. 33. Penalty, for refusing obedi ence. 1821, 132, § 7. Compensation to owners of buildings de- Persons dissatisfied, may ap ply to the county commission ers. SECT. 14. Any person, refusing to assist, or to obey orders. given by such fire wards or officers in the premises, shall forfeit and pay the sum of ten dollars. SECT. 15. If the pulling down or demolishing any house or building shall be the means of stopping the fire, or if the fire be stopped before it shall come to the same, then every owner of such house or building shall receive a reasonable compensation from the town, in which the fire shall be; and the qualified voters in such town shall grant such sum, as may be necessary, for the purpose of such compensation; and the assessors shall assess the same. SECT. 16. Any person, considering himself aggrieved by the doings of the town, selectmen or assessors, in estimating, voting or assessing the same, may apply to the county commissioners at their 1821, 132, § 8. next meeting; and they shall have power, after due notice, given to the selectmen of such town, to confirm the doings aforesaid, or alter the same as they shall judge proper, and award costs to either party, as the decision may be ; and the sum so assessed, according to said decision, shall be forthwith committed and collected. No compensation to the own er of the building, where the 1821, 132, 8. fire originated. Punishment, for plundering at fires. 1821, 132, § 9. Sail makers, riggers and oth towns. 1821, 132, § 10. SECT. 17. When it shall be adjudged, as aforesaid, proper, that the house or building, where the fire shall begin and break out, shall be pulled down or demolished to prevent the further increase and spreading of the fire, then the owner of such building shall receive no compensation for the same. SECT. 18. If at any fire, any person shall plunder, steal, embezzle, convey away, or conceal any furniture, or goods and merchandize, belonging to the owner or occupant of any house or building, then on fire, or being in immediate danger, or placed there by any other person, while the owner of the same and others are lawfully removing the same, and shall not restore the same, or give notice of them to the owner or one of the fire wards, the person so offending, and being convicted thereof, shall be deemed guilty of larceny, and punished accordingly. SECT. 19. No person shall occupy any building or tenement, in ers, in maritime any maritime town, for the business of a sail maker or rigger, or keeper of a livery stable, except only in such part of the town or city, as the selectmen, or mayor and aldermen, shall allow and direct; and any sail maker or rigger, who shall offend against this section, shall forfeit and pay, for such offence, ten dollars per month. SECT. 20. Any keeper of a livery stable, who shall so offend, shall forfeit and pay, for such offence, fifty dollars for every month, so occupying the same; and so in proportion for a shorter or longer time. Penalty, for vi- keepers. Appropriation SECT. 21. The said penalties shall be appropriated, two thirds 1821, 132, § 11. to the use of the town where the offence is committed, and the other to him, who shall sue for the same, with costs. Engine men, excused from SECT. 22. All persons, attached to any engine, shall be excused serving as ju- from serving as jurors in any court, unless the towns, to which they respectively belong, shall otherwise decide. rors. 1821, 132, § 12. Limitation of the foregoing regulations. SECT. 23. Nothing in this chapter shall be construed tò control the manner in which any officers of the fire department are appointed in any city, town or district, under the provisions of any existing laws, specially applicable thereto. CHAPTER 34. OF THE SAFE KEEPING OF GUNPOWDER, AND PREVENTION OF FIRE. SECT. 1. Selectmen to make regulations re- SECT. 5. Power of selectmen to search for specting gunpowder. 2. Penalty for violation of them. 3. Gunpowder may be seized and li- 4. Persons, injured by explosion, may recover damages. SECTION 1. In every town the gunpowder. 6. Stove pipes to be kept in order. 8. Publication of town regulations. CHAP. 34. tions, respect selectmen are authorized to Selectmen may make regulations, in conformity to which, all gunpowder within make regulathe town shall be kept, or transported from place to place; and no ing gunpowder. person shall keep in such town any gunpowder in any other quantity or manner, than is prescribed in such regulations. 1821, 25, § 1. lation of them. SECT. 2. Whoever shall violate any of the provisions of the Penalty for viopreceding section, shall forfeit a sum, not less than twenty dollars, 1821, 26, § 2. nor more than one hundred dollars, for each offence. may be seized SECT. 3. All gunpowder, kept in any town contrary to said Gunpowder provisions, may be seized by any of the selectmen of the town, as and libeled. forfeited; and, within twenty days after such seizure, be libeled, 1821, 25, § 3. and such proceedings be had upon such libel, as are prescribed by law. SECT. 4. Any person injured by the explosion of gun powder Persons, injured by explosion, in possession of any person in any town, contrary to the regulations may recover established therein as aforesaid, may have an action for damages damages. against the person, having custody or possession of the same, at the time of the explosion, or against the owner of the same, if conusant of such neglect. 1821, 25, § 4. lectmen to SECT. 5. Any selectman shall have authority to enter any Power of sebuilding or other place, in his town, to search for gunpowder, sup- search for gunposed to be concealed there contrary to law; having first obtained powder. a search warrant for the purpose in due form. 1821, 25, § 5. SECT. 6. When any stove pipe in any town shall be defective, Stove pipes to be kept in oror out of repair, or so placed as to endanger any other building by der communicating fire thereto, the selectmen shall give notice, in writ- 1821, 25, § 6. ing, to the possessor of such stove, and if he shall unnecessarily neglect, for two days after such notice, to remove or repair the same effectually, he shall forfeit and pay a fine, not less than ten dollars, nor more than fifty dollars, to be recovered by an action of debt. SECT. 7. The fines and penalties above mentioned shall accrue, Appropriation one half to the town, in which the offence shall be committed, and the other half to him, who shall prosecute for the same. of fines. 1821, 25, § 7. tions. SECT. 8. The rules and regulations, which shall be established Publication of in any town, according to the provisions of this chapter, shall not town regula be in force, till they shall have been published by the selectmen of 1821, 25, § 8. such town, three weeks successively, in a newspaper in the county, or by posting up attested copies of them in three public places in such town. |