which Assessors, shall have the same powers as are vested by law in Assessors chosen by other towns in this Commonwealth: And in case of the death or resignation of any person so chosen, in either of the wards, the Clerk of such ward is empowered and directed to call a new meeting of the ward, to choose a suitable person to supply the place of the person so dead or declining to serve.

SEC. 3. And be it further enacted, That the Treasurer of the Town of Boston shall be the Collector of Town Treasurer taxes in the said town, and shall be, and hereby is emto be Collector of powered to substitute and appoint under him, such and

Taxes.

so many deputies or assistants, as the service may be found to require, who shall give bonds for the faithful discharge of their duty, in such sums, and with such sureties, as the Selectmen of said town shall think proper: And the said Collector, and his deputy or deputies, shall have the same powers as are vested by law in Collectors of taxes, chosen by other towns in this Commonwealth.

[Approved by the Governor, June 18th, 1802.]

EXTRACT

FROM THE TAX ACT, FOR 1822.

SEC. 9. Be it further enacted, That whenever any tax shall be assessed an any real estate within the Town or City of Boston, liable to taxation, said tax shall be a lien on said estate; and if the occupant or reputed owner, shall neglect to discharge said tax for the term of fourteen days, after demand made for the same, the person authorized to collect said tax shall proceed in the same manner in its collection, from a sale of so much of the same, as may be necessary for the discharge of the tax, and all costs incident to the collection of the same, in the same manner as Collectors of taxes may proceed to collect taxes assessed on lands of nonresident proprietors.

AN ACT

FOR THE

EXTINGUISHMENT OF FIRE,

AND TO DIRECT

THE PROCEEDINGS THEREAT.

chosen.

SEC. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That each town in this Commonwealth, in their March or April meeting, annually, wherein the qualified voters shall think it expedient to choose Fire Wards, shall hereafter have power to elect Firewards to be such number of suitable persons to be Fire Wards therein as shall be deemed necessary; and each person so elected shall be notified thereof within three days; and shall, within three days after being so notified, enter his acceptance or refusal of the said office with the Town Clerk. And if any person, being so elected and notified, shall neglect to enter his acceptance or refusal as aforesaid, he shall forfeit and pay Ten Dollars, un

less excused by the town; and the town shall have Penalty for not power to elect another in his place, in case of such ne- serving. glect or refusal: And when any fire shall break out in any town, wherein Fire Wards shall be appointed, they shall immediately attend thereat, and carry with them

a suitable staff or badge of their office.

wards.

SEC. 2. Be it further enacted, That when any fire shall break out in any town, the Fire Wards thereof who shall be present at the place in immediate danger, or any three of them; and where no Fire Wards shall Power of Firebe appointed, a major part of the Selectmen present; or in their absence, two or three of the civil officers present; or in their absence, two or three of the chief military officers of said town present, shall have power to direct the pulling down or demolishing any such

house or building as they shall judge necessary to be pulled down or demolished in order to prevent the further spreading of the fire: And during the continuance of any fire, the said Fire Wards or officers, as the case may be, shall have power to require assistance for extinguishing the same, and for removing any furniture, goods, or merchandize from any building on fire or in danger thereof, and to appoint guards to secure the same; and also assistance for pulling down or demolishing any house or building, as the case may require; and further to suppress all tumults and disorders. And the said Fire Wards, Selectmen or Officers, as the case may be, shall have authority to direct and appoint the stations and operations of the Engine Men, with their engines, and of all other persons, for the purpose of extinguishing the fire and preventing its increase; and if any person shall refuse or neglect to obey any order given by said Fire Wards or Officers in the premises, Penalty for non- the person so offending shall forfeit and pay for each offence ten dollars.

obedience to Firewards.

Persons whose houses may be pulled down to be indemnified.

Provisos.

SEC. 3. Be it further enacted, That if the pulling down or demolishing of any house or building, by the directions aforesaid, shall be the means of stopping the said fire; or if the fire stop before it come to the samethen every owner of such house or building shall receive a reasonable compensation and be paid for the same by the inhabitants of the town in which the fire shall happen: And it shall be the duty of the qualified voters in such town, to grant such sum or sums of money as shall be thought necessary and proper by the Selectmen of the same town, and of the Assessors to assess the same: Provided, always, that when it shall be adjudged fit that the house or building where the fire shall first begin and break out should be pulled down or demolished to prevent the further spreading and increase of the same fire; then the owner of such house or building shall receive no compensation for the same. Provided, also, that if any person shall find him or herself aggrieved by the doings of the town, Selectmen or Assessors thereof, in estimating, voting or assessing such sum or sums, he or she shall have a right to appeal and complain to the next Court of General Sessions of the Peace to be holden in the county; and the said Court thereon shall

have power, on a consideration of all the circumstances of the case, to confirm said doings of said town, Selectmen or Assessors, or to alter the same in such manner as the said Court shall judge proper; and in either case to award legal costs, as the justice of the case may require; and the Collectors to whom the said assessments shall be committed to collect, shall have the same powers, and be subject to the same duties, as in the collection of other town taxes, as well in collecting an assessment so confirmed or altered, as in cases wherein there shall be no appeal.

SEC. 4. Be it further enacted, That if any person shall, in such case of fire, plunder, purloin, embezzle, convey away or conceal any furniture, goods or chattels, rights or credits, merchandize or effects of the inhabitants whose houses or buildings shall be on fire or endangered thereby, and said inhabitants shall be put upon removing the same, and shall not restore or give notice thereof to the owner (if known) or to one of the Fire Wards of the town, or bring them into such public place as shall be assigned by the Selectmen of the town within two days after public notice shall be posted in some public place in the town by the Selectmen sequestering pro thereof for that purpose; the person or persons so of-perty at fires, to fending, and being thereof convicted, shall be deemed ceny. guilty of larceny, and punished accordingly.

be deemed lar

SEC. 5. Be it further enacted, That if any person shall occupy or improve any tenement or building whatever in any part of any maritime town in this Commonwealth, for the business or employment of a sail maker, or rigger, or keeper of a livery stable, except only in such parts of the town as the Selectmen thereof, or a major part of them, shall direct and deter- Penalty for erect mine, such sail maker or rigger so offending shall for- ing a sail or rigfeit and pay for each offence ten dollars; and such ry stable, except keeper of a livery stable shall forfeit and pay for each as the Selectmen offence, fifty dollars for every month so occupying the same, and so in proportion for a longer or shorter time. SEC. 6. Be it further enacted, That the several fines or forfeitures aforesaid, shall be-two third parts thereof to the use of the poor of the town where the offence

ging loft or live

shall

shall be committed; and the other third thereof to him Appropriation of or them who shall inform and sue for the same; and fines.

Penalty for set

ting fire to woods, &c.]]

shall be recoverable, with costs of suit, in any Court proper to try the same.

SEC. 7. Be it further enacted, That if any person or persons shall wittingly and willingly set fire to any woods or lands lying in common, or to wood land, or other land held in severalty and not his own, within this Commonwealth, without leave first had and obtained from the owners of the land or those who have a right to give the same leave, excepting in cases in which it may become necessary to make back fires to stop the progress or subdue any fire that may be spreading, the person so offending shall forfeit and pay for each offence ten dollars-one moiety thereof to the use of the Commonwealth, and the other moiety thereof to the use of him or them that shall inform and sue for the same; and shall be liable, in a special action on the case, to pay damages to all persons injured by such fire, including the injury which may be done by any necessary back fire made for the purpose aforesaid. And in case any person under age shall offend against this act, such penalty shall be recovered of the parent or master respectively, of such person under age, unless it shall appear such person under age was employed or directed by some person other than the parent or Parents or mas master; in which case the person so employing or directing shall be liable therefor; and the fines in this section mentioned, may be recovered in an action of debt, with costs of suit.

ters to be liable

for minors.

SEC. 8. Be it further enacted, That this act shall take effect and be in force on and after the first day of July next; and that an act passed Anno Domini seventeen hundred and forty four, for the speedy extinguishment of fire and preserving goods endangered by it; and another act passed Anno Domini seventeen hundred and fifty three, and continned in force to November next, to prevent firing woods; and another act passed Anno Domini seventeen hundred and sixty two, and continued in force to November next, to prevent damage by fire in the maritime towns; and a clause in an act passed Anno Domini sixteen hundred and ninety two, empowering two or three chief military or civil officers of the town to direct the pulling down or demolishing of houses in certain cases of fire, shall, on and after the said first