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Several Rules, Orders, AND By-LAWS Made and Agreed upon By the Free-Holders and Inhabitants of BOSTON OF THE Massachusets, At their Meeting May, 12. and September 22. 1701.

And Approved by His Majesties Justices for the County of Suffo [...]k, at their General Quarter Sessions held at Boston, August 5 th. and October 27 th. next following.

A [...]que Regni Regis Gulielmi Tertij Angliae, &c. Decimo Tertio:

BOSTON: Printed by Bartholomew Green, and Iohn Allen, for Benjamin Eliot, and are to be Sold at his Shop under the West End of the Town House. 1702.

[Page 1]

Several Rules, Orders, and By-Laws, made by the Free-Hold [...] & In­habitants of the Town of Boston.

At a Meeting of the Freeholders and Inhabitan [...]s of the Town of Boston, duely qualifyed to Act & Vote in Town Affairs, being orderly Warned and Assembled, the Twelfth Day of May, Anno Domini. 1701.

THE several Rules, Orders and By Laws were then openly and distinctly Read over, Vot [...]d, Made and Established by the afore­said Free [...]old [...]rs and Inhabitants of the said Town, to be Obser­ved and K [...]pt by all Persons I [...]abiting wit hin the said Town, [for the Year Ensuing, and until the Freeholders and Inhabitants thereof, shall [...]ereafter by their Vote and Order, Declare, Repeal, and make void the s [...]m [...] or [...]ny of them,] under the several and respective Paines and Penal­ties to t [...]m or any of them annexed and prescribed. And being after­wards p [...]sented to His Majesties Iustice in Court of General or Quarte [...] Sessions of [...]he Peace, holden in said Town of Boston, within the County of Su [...]folk, August 5th. 1701. Was by them approved.

For keeping Ladders to each House.

Ordered,

THat every Housholder shall from time to time be provided with a suffi [...]ien [...] Ladder or Ladders, to reach from the ground to the Ridge of [...]uch House, at [...]he charge of the Owner thereof; and in case the Owner o [...] Owners of such House or Houses be not a [...] Inhabitant of this Town, then the Occupyers thereof to provide the s [...]me, and deduct the c [...]arge thereof out of his or their Rent, on pain of the forfeiture of Six Shillings and Eight pence for every neg­lect, a [...]ter thr [...]e months notice given by such pe [...]son or persons as [Page 2] the Select-men for the time being shall appoint for the inspecting and observance 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 Select 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 forfeit and pay the Sum of Twenty Shillings.

For keeping of Vessels full of Water in Yards, &c.

Ordered,

THat from the tenth day of March, to the first day of November yearly, and every year hereafter, every Housholder (excepting such who have propriety in a Well, with a sufficiency of water, and conveniency of drawing the same) nigh unto his or their Dwelling-house, shall at all times within the limitation aforesaid, keep in their Houses, Yards or Backsides, a Pipe, Hogshead or Tearce full of wa­ter, on pain of forfeiting the Sum of Five Shillings for every such neglect, and that no person or persons shall be excused there-from that fetch their water from the Wells and Conduits that are in the Streets and publick Places.

For preventing danger by persons Riding or driving a-gallop in the Streets, &c.

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 lawful for any of the Inha­bitants of this Town to make stop of such Horse or Rider, until the name of the Offender be known, in order to prosecution: Further, 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

[Page 3]

For preventing Dangers by Carts, &c.

Ordered,

THat henceforth no Cart, Dray, Trucks or Sled drawn by either Horse or Horses, 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 during such passage, keep with his said Cart, Dray, Trucks or Sled, and carefully observe and attend such methods as may best serve to keep said Horse or Horses or Oxen under Com­mand: And whatsoever Carter or others undertaking to drive any Cart, Dray, Trucks or Sled shall during 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.

For Regulating Burials.

Ordered,

THat none shall Bury the Body of any dead person without ma­king the same publick, by causing 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 Burying of their Dead exceed one hour from the time of the begin­ning of the Toll of the second Bell, until the Corpse shall be carried out of the House from whence such Corpse is to be Buryed, 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 Lords Day, he or they shall not exceed one hour from the beginning of the Toll of the first Bell, until the Corpse be carried forth out of the House, and on motion towards the Grave, on pain of forfeiting Twenty Shillings for every such offence.

For Regulating Burying-Places.

Ordered,

THat none shall break up the ground in any of the publick Buryal places, for the making a Tomb therein, without the approbation [Page 4] of three or more of the Select men for the time bein [...] ▪ under their Hands▪ On pain of forfeiting the Sum of Twenty Shillings for every such Offence.

To prevent Riding Horses to Water in the Common, &c. on the Lords-Day.

Ordered,

THat no person shall hereaf [...]er Ride any Horse, Mare or Gelding, into the Common, or to Wheelers Pond, or to any usual place of Watering, on the Lords-Day, on pain of forfeiting the Sum of Five Shillings for every such Offence.

For preventing Annoyances on the Common or Commons.

Ordered,

THat no person whatsoever shall hereaf [...]er break, dig or carry away any of the Sord, Turf or Earth of or belonging to the Common or Common Lands (except at Fo [...]-hill, or the Ridge hill, between that and Windmill hill) On pain of forfeiting Twenty Shil­lings for every breach of this Order. Further, That no person shall lop, peal, girdle or deface any of the Trees now standing, or th [...] shall hereafter be planted or set by order of the Sele [...]-men, or by their approbation upon any part of, or place on the common 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 Common or Common Lands in this Town, on pain of forfeiting the Sum of Twenty Shillings.

That no Horse, dry Ca [...]tle or Sheep shall be suffered to go at large, or to feed on the Common or Common Lands, or any of the Streets or Lanes of this Town, on pain that the Owner or Owners thereof shall f [...]rfeit and pay Five Shillings for each Horse, and Three Shillings per Head for neat dry Cattel, and One Shilling for every Sheep that shall be found going at large upon the said Commons, Streets or Lanes. And it [...]all and may be lawful for such persons wh [...]m the Select men for the time being, shall appoint thereun [...]o, to Impound such Horse, nea [...] Cattel or Sheep so found [...]ransgressing.

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Against Swine going at Large.

Ordered,

THat no Hog or Swine shall be suffered to go at Large within this Neck of Boston saving 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 driving to Market:) On pain that such Owner or Keeper of such Hog or Swine shall forfeit and pay the Sum of Twenty Shillings, for every Hog or Swine that shall be found going at Large contrary to this Order; or the full value there­of, if not exceeding Twenty Shillings: One half to him or them that shall Seize and Secure the same, the other half to the poor of this Town. Further it is hereby provided, That if it appear that the Owner or Keeper of such Hog or Swine be actually in pursuit of it or them, at and before the Seizure, then such Owner and Keeper shall have his Hog or Swine released to him by such Person, who by virtue of this Order had Seized and Secured the same, he paying to such Seizer Two Shillings, for every Hog so Seized by him. And it shall and may be Lawful for such Person or Persons, that are chosen to the Office of Hogreeves for the time being, or in their ab­sence for any of the Inhabitants of this Town, to Seize, Secure or Impound any Hog or Swine going at Large, contrary to this Order, and upon his or their so doing, shall make application to one of His Majesties Justices of the Peace within this Town, to order an Apprizement, award and give Judgment, according to the true intent and meaning of this Order.

Against unruly Dogs.

Ordered,

THat any Person who shall hereafter have or keep any Curst or unruly Dog or Bitch within this Town, so as to harm or do damage to any Person whomsoever, or to any Horse, Neat Cattle, Sheep or Tame Fowl; and upon Warning or Notice given by any of the Inhabitants unto such Owner or Keeper of such Curst or un­ruly Dog or Bitch, that the same hath been known to Bite, Seize upon, Worry, or do harm to Man or Beast aforesaid; and the same so appearing. Such Owner or Keeper of such unruly Dog or Bitch, shall forthwith cause the Town to be Rid and discharged of the same: [Page 6] On pain that the Owner or Keeper of such unruly Dog or Bitch, shall forfeit and pay the Sum of Ten Shillings, and Five Shillings more for every day after, that such unruly Dog or Bitch shall be seen to go at large in this Town

Against Dogs doing damage to Gardens, &c.

Ordered,

THat if any person shall keep or entertain more than one Dog or Bitch, and suffer the same to go at large within this Neck of Boston, and upon complaint made unto the Select men for the time being, by any of the Neighbourhood, that such Dogs are offensive to them, doing damage to their Gardens, Orchards, Pastures or other­wise, and the said Select-men, or any two of them, ordering and no­tifying such Owner or Keeper of such Dog or Dogs, to shut up or otherwise discharge the Town of the same during such time as they shall limit; Every such Owner, Keeper or Entertainer of such Dogs, neglecting to attend the Order of said Select-men as aforesaid, shall forfeit and pay the Sum of Five Shillings for every Dog or Bitch by them so kept or entertained and suffered to go at large contrary to the true intent and meaning of this Order.

To Limit the Select-men to time in Leasing forth the Towns Lands.

Ordered,

THat from henceforth the Select men for the time being shall have power and liberty to Lease out to Rent, any of the Towns Lands, or Buildings, that are or shall be to be Rented for any term of years, not exceeding Seven years, and no longer, without a special Vote of the Town for longer time.

[Page 7]

At a Meeting of the Freeholders and Inhabitan [...]s of the Town of Boston, duely qualifyed to Act & Vote in Town Affairs, being orderly Warned and Assembled, the Twenty-second Day of September, Anno Domini. 1701.

THE several Rules, Orders and By Laws were then openly and distinctly Read over, Voted, Made and Established by the afore­said Freeholders and Inhabitants of the said Town, to be Obser­ved and Kept by all Persons Inhabiting within the said Town, [for the Year Ensuing, and until the Freeholders and Inhabitants thereof, shall hereafter by their Vote and Order, Declare, Repeal, and make void the same or any of them,] under the several and respective Paines and Penal­ties to them or any of them annexed and prescribed. And being after­wards presented to His Majesties Iustices in Court of General Sessions of the Peace, holden in said Town of Boston, within the County of Suffolk, October 27th. 1701. Was by them approved.

Against carrying Fire Vncovered.

Ordered,

THat no person or persons, do presume hereafter, to carry Fire from any house or place within the Neck or Town of Boston, unto any other house or place within the same, but in a Warming pan, or other safe Vessel well covered, so as to secure the said Fire from the Wind, and from being scattered by the way, or in the Streets or Lanes thereof, on pain, that every person therein offending, shall forfeit and pay for the use of the poor of said Town, the Sum of One Shilling.

Against defective Chimneys &c.

Ordered,

THat the Select men for the time being, upon complaint to them made, or otherwise upon their own knowledge, of any defe­ctive Chimney or Chimneys within this Town, do from time to time take effectual care to have the same inspected and viewed, and order [Page 8] the same to be speedily amended and repaired, (if it may be done) or taken down; on pai [...] of the forfeiture of Ten Shilling [...] a month by the O [...]ner [...]e [...]eof that shall negl [...]ct to obse [...]ve and pe [...]fo [...]m such O [...]der [...] t [...]e Sele [...]t men, being de [...]l [...]ed to him or [...]h [...]m, and En [...]e [...] of R [...]c [...]rd, unl [...]ss the season o [...] the y [...]ar will no [...] admit o [...] the amend­ing [...]nd [...]ep [...]i [...]ng of the same: And [...]n such case [...]he O [...]cupyer there­of sh [...]ll fo [...]ear to make or keep any Fire the [...]ein, [...]n penal [...]y of Tw [...]nty Shillings for every such off [...]nce. And if any Chimney hap [...]pen to t [...]ke Fire, so as t [...] fl [...]me out at the Top thereof, the Occupyer o [...] such Chimney shall forthwi [...]h f [...]rfeit and pay the Sum o [...] Ten Shillings.

Against making Fires in the Streets &c.

Ordered,

THat whosoever shall kindle or m [...]ke any Fire open or abroad, within two rods of any wooden House, Wa [...]e-house, Wood­pi [...]e or any other combustible matter subject to take fire (except [...]n Ship-Carpenters Building-yards, Set work Coopers and Rope-makers works, a careful person standing by to watch the same) shall forfeit and pay the Sum of Te [...] Shillings, to the use of the poor of the Town. Provided also that this Order shall not be understood or intended to debar or hinder any Tradesman or others from kindling Charcole in a pot or pan out of doors nigh their House or Shop, at any time during the day light, and provided also that some careful person stand by to watch the same while it shall be continued in the open air.

Against keeping Fire on board Vessels (lying nigh Wharfs) after Ten of the Clock [...]t Night.

Ordered,

THat every Master of any Vessel lying at o [...] near to any Wharf, on B [...]ard of which Fire shall be kept burni [...]g af [...]er Ten of the Cl [...]ck at night, or be k [...]ndled be [...]ore five in the mo [...]ning, shall forfeit and pay the Sum of Six Shillings.

[Page 9]

For Providing a Pole and Swabb.

Ordered,

THat every Housholder Ratable at Twenty Pounds Estate besides the P [...]ll, from time to time, and at all times hereafter, shall be provided with a S [...]fficient Pole o [...] Twelve Foot long or more, with a large Swabb [...]asten [...]d at the end thereof; or with a Sufficient hand-Engine sui [...]able for the q [...]enching of Fire; on pain of fo [...]feiting the Sum of Five Sh [...]llings for each neglect, or not shewing forth the same upon demand unto the Officer, which shall be appointed by the Select men to inspect the same, within two Months after notice given them to provide the aforesaid Pole, Swabb, or other Sufficient hand-Engine.

For keeping of Gunpowder.

Ordered,

THat from hence forward no Person or Persons shall keep any Gunpowder, o [...] greater quantity then Twenty Pounds Weight, in any Ware-house, Dwelling house or Shop, within this Town, but in such place or places as His Majesties Justices of the Peace within this Town, and the Select men for the time being, shall appoint or approve of for that purpose; on penalty of forfeiting the Sum of Te [...] Shillings for every Week that any Person or Persons shall keep Gun­powder contrary to this order, after the said Justices and Select men have sig [...]if [...]ed their appointment and assignment of some place or places [...]or keeping the same.

For Coopers burning their Cask.

Ordered,

THat no Cooper or Coopers within this Town, shall Fire or Burn their Cask in any Shop▪ Ware house or other place, then in a Sufficient Brick or Stone Chimney, made convenient for that use; on penalty of forfeiting the Sum of Ten Shillings for every offence contrary to this O [...]der.

[Page 10]

For preventing Selling of Butchers Meat by Steelyards.

Ordered,

THat no Butcher by Himself, Wise or Servant, shall Weigh and Sell, any dead Meat by Steelyards, but shall within two Months 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; upon pain of forfeiting the Sum of Ten Groats, for every transgression, and Five Shillings per Week whil [...] he or they continue [...]eficient of such Scales and Weights as a [...]oresaid.

For preventing Nusances and Annoyances to or in the Streets or High Wayes &c.

Ordered,

THat no person whatsoever shall carry, or cause or suffer to be carried or cast any Dirt, Dung, Garbidge, Carrion, Shreds, Shavings, Filth, Soyl or Rubbish, or any thing that may be an an­noyance out of their Houses, Shops, Yards, Backsides or any of the dependencies thereof, and cast or l [...]y the same in any of the Streets, High wayes, Lanes or Alleys within this Neck of Boston, On pain of forfeiting the Sum of Two 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, Boar [...]s, Fi [...]e Wood or other Lumber [...]herei [...], and suffer the same to ly there above the space of forty eight hours, under the 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 ly there: Provided that t [...]is Order shall not be understood to debar or hinder any of the Inhabitants (who in case of Building any Housing, or digging any Cellar or Well) of t [...]e liberty of laying their Rubbish or Materials for such Buildings, Wells or Cellars such fart [...]er [...]ime, and in such part o [...] the Streets and Lanes as shall be farther granted them by the Select men for the time being, or any two o [...] them.

For preventing Annoyances by Butchers to the Streets, &c.

Ordered,

THat no Butcher shall suffer any Guts, Garbidge or other Filth to be cast or brought out of his or their Shop, Slaughter house, [Page 11] or other place of killing, and suffer the same to be laid or ly in any Street, Lane or Alley or near thereunto, on pain of forfeit [...]ng th [...] Sum of Five Shillings for every transgression of this Order.

For preventing Annoyances by Houses of Office & Hogsties.

Ordered,

THat no person whatsoever sh [...]ll hereafter Erect or Set up any House of Offi [...]e or Easem [...]nt within this Town (or suffer the same to con [...]inue 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 pain of forfeiting the Sum of Twenty Shilli [...]gs for every transgression of this Order, and the like Sum of Twenty Shillings for every three months it shall so continue. Nor shall any person from and after the end of October, A [...]o One thousand seven hundred and One, keep any Hog or Swine in any Hogsty within twenty foot of any High [...]way, Street, Lane or Alley within this Neck of Boston, or of the Dwelling house or Shop of any Neighbour, on penalty of Ten Shillings for every trans­gression of this Order, and Ten Shillings for every Month such Hog or Swine shall be kept and continued in such Sty: Unless in such places where the dung or filth runs into the Sea or Salt Water.

For [...]reventing danger by [...]oot balls, Squibs and Snow-balls.

Ordered,

THat whosoever shall at any time hereaf [...]er use the exercise 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 Sum of One Shilling for every transgression of this Order: Nor shall any person hereafter fire or throw any Squib or Squibs, Rocket or Ser­p [...]nt, or other Fireworks in any of the Streets, Lanes or High wayes of this Town, on pain of forfeiting Three Shillings for every such of­fenc [...]: Nor shall any person throw or heave any Snow ball or Stones, at any person in the Streets, Lanes or Alleys of this Town, or into, or against any House or Houses or Shop, on pain of forfeiting On [...] Shilling for every transgression of this O [...]der.

[Page 12]

For p [...]eventing Annoyances and dangers by Lime Kil [...]s, &c.

Ordered▪

THat no person shall henceforth make and Fire any Lime Kiln, or Erect and Burn any Brick Kiln but in such place or p [...]aces as the Select men for the time being shall approve and allow of, on pe­nalty of Twenty Shillings, to be paid by every person transgressing this Order.

To prevent the breaking up of the Ground in any of the Streets, &c.

Ordered,

THat no person sh [...]ll henceforth break or dig up the Ground in any of the St eets, Lanes or High [...]wayes in this Town, for the laying or repairing any Drain or any other occasion, without the leave or approbation of two or more of the Select-men for the time b [...]ing, on pain of forfeiting [...]he S [...]m of Twenty Shillings for every such Offence. Further, That whosoever shall dig or cau [...]e to be dig­ged or broken up any Ground in any Street, Lane or High way within this Town, shall within such time as any two or 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 p [...]in of forfeiting the Sum of Twenty Shillings, and also the Sum of Twenty Shillings per Week, until the same be amended and repaired as aforesaid: And any person who hath heretofore at any time digged or broken up any of the Ground in the Streets or Lanes and not yet sufficiently repaired the same, and shall neglect so to do for the space of one month after the Select-men notifying t [...]em thereof, shall forfeit and pay the Sum of Five Shillings per w [...]k till it be amended and repaired.

For preventing danger by Vncovered Wells or Pitts, &c.

Ordered,

THat no person suffer their Yards, Orchards, Pastures or Tan Yards to ly open, where there is a Well, Cellar, Tan-pits or o­ther Pits uncovered, on pain of forfeiting the Sum of Ten Shillings [Page 13] for every such Offence, and Five Shillings for every week after, till such Fenc [...] be sufficiently repaired and amended, or such Well, Pits or Cellar be filled up, or covered.

To prevent Fore stalling and Engrossing P [...]ovision before it is brought into the Town.

Ordered,

THat no person Dwelling or Residing within this Town of Bo­ston, sha [...] by himself or others buy, contract or bargain for a­ny sort of Grain, Meal, Butter, Fowls, Mutton, Veal, Pork, Eggs or any-o [...]her sort of Provision, while it is bri [...]gi [...]g between Roxbur [...] Gate and the first turn of the High way or Lane leading up to the Training Field, except for persons that live between that and the Gate for their own Family use, before two of the Clock in the Af­ternoon, on penalty of Five Shillings fo [...] every such off [...]nce. Fur­ther, That no Butcher shall buy or bargain for any dead Meat brought or bringing into this Town, or expose such Meat to Sale, on penalty of Ten Shillings for every transgression of this Order.

For Regulating Town-Meetings.

Ordered,

THat at every General Town Meeting there be a Moderator Chosen, who shall propound all Affairs to be debated, and put them to Vote when they have been so debated, and to demand and keep silence and attention in the Assembly: And that no matter of any weight or moment shall be Voted at any Town Meeting, with­out the same ha [...]h been specially exprest in the Warrant requring such Meeting, or propounded at the beginning of the Me [...]ting, that so consideration may be had of the matter be [...]ore it be Voted.

That whosoever at any publick Town-Meeting shall fall into pri­vate Conference, to the hindering of the publick business, sh [...]ll forfeit One Shilling for every such offence, to the use of the poor of the Town.

That whosoever at any publick Town Meeting shall neglect to observe the direction or request of the M [...]derator (for the [...]ime be­ing,) to keep silence, shall forfeit and pay Two Shillings [...]or the use of the poor of this Town of Boston, for every such [...]

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The Reader may be informed, That the latter part of the Order Entituled, For preventing Selling of Butchers Meat by Steelyards, (Page 10.) Was (by a Mistake) om [...]tted in its proper plac [...], and is th [...]refore here inserted, in the following Words; Viz.

* And that every Person and Persons who shall carry forth any dead Meat to Sell, in a Wheel-barrow or otherwise, shall W [...]igh and Sell such Meat by good and sufficient Scales, and Sealed Weights; and no otherwise: On pain of forfeiting the Sum of Ten Shillings, for each Transgression of this Order.

ERRATA.

Page 3 line 4▪ read Horses, or Horse and Oxen. Pag [...] 13. line 1 [...] read said Gate, Ibid, lin [...] 16▪ for into, read to this Town.

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