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side-walks, in and upon the streets and highways in said
cities.
sect. 2. And for the purpose of rendering such side-
walks convenient, said courts of common council may,
from time to time, give order to the proprietor, or propri-
etors of the lands and buildings fronting such side walks,
at their own expence, to level or raise the same, on their
several fronts, according to the width, course, height and
level, designated as aforesaid ; and also to pave, or to
flag in such manner as said courts of common council in
each city, shall direct, any side-walk in said city, as well
those which have heretofore been designated by said
courts of common council, in pursuance of the by-laws of
said cities, as those which shall hereafter be designated,
in pursuance of this act. And said courts of common
council may limit such time as they shall deem reasona-
ble, for levelling or raising, and for paving or flagging
such side-walk. And in cases where the land or build-
ings, fronting on such side-walks, shall be holden for a
term of years, or any other estate, less than fee-simple,
said courts of common council, in the city where appoint-
ed, may, by their order, apportion, in such manner as
they shall judge right, the expense of raising or levelling,
and paving or flagging such side-walk, among the differ-
ent persons having an interest in the lands or buildings,
holden as aforesaid.
sect. 3. And if any proprietor or proprietors, shall
neglect to level or raise, or to pave, or to flag any such
side-walk, in such manner and within such time, as said
courts of common council shall direct and limit, they
may, in such case, appoint and employ some meet person,
to raise and level, and to pave or flag such side-walk, on
the front of the proprietor, or proprietors, neglecting as
aforesaid; and adjust and liquidate the expense thereof,
and order the same to be paid by the proprietor, or pro-
prietors, neglecting as aforesaid; and appoint a collector
or collectors, to collect of each proprietor, the sum or
sums respectively ordered to be paid as aforesaid, and
pay the same, within such time as said courts of common
council shall limit, and to such persons as they shall ap-
point to receive the same, for the purpose of defraying
such expence; and such courts of common council, shall
cause such collectors duly to account therefor. And the
mayor, or one of the aldermen of either of said cities,
shall issue a warrant of distress to such collector, in the
city where such mayor, or alderman belongs, authorising
him to collect of such proprietor or proprietors, respect-
ively, the sums ordered to be paid as aforesaid : and
every such collector shall have the same power, shall

May compel
owners of
lands on
streets to lev-
el or raise, to
flag or pave-
them.

Mode of proceeding. In case of neglect,

Side-walks cr ossing streets.

Persons aggrieved, how to obtain redress.

Width of streets, &c.

Building regulated on priwate ways.

proceed in the same manner, and be under the same
regulations, as the law prescribes in the case of public
taxes.
sect. 4. When any side-walk shall cross a street, or
highway, the court of common council, in the city where
such highway or street is, may cause the same in such
place to be suitably levelled or raised, and paved or flag-
ged, at the expence of such city.
sect. 5. If any person or persons, shall be aggrieved,
by the doings of any court of common council, under
this act, such person or persons may prefer his, her, or
their complaint, to the next county court in the coun-
ty where the city is situated, in which the grievance
complained of was committed, against such city, by caus-
ing a copy of such complaint to be left with the clerk of
such city, at least twelve days before the sitting of such
court; and if said court, on hearing such complaint, shall
be of opinion, that any part, or the whole of the expence,
ordered to be paid by such persons, ought to be borne
by said city, said court shall order and direct, that such
complainant or complainants, be relieved from the pay-
ment of such part, or the whole of such expence, as to them
shall appear just and equitable ; and shall order that the
expence for which relief shall be granted, as aforesaid,
be paid by said city: and if it shall appear, on such hear-
ing, that such complainant, or complainants, have actually
paid any sum or sums of money, in consequence of any
order made by said court of common council, as afore-
said, which ought to be refunded, said county court
may grant execution in favour of such complainant, or
complainants, against said city for said sum or sums.

CHAP. IV.

An Act regulating the streets and buildings in the city of Hartford, and for preserving the health of the inhabitants thereof.

E it enacted by the Senate and House of RepSECT. 1. H resentatives, % General Assembly ...?. That hereafter there shall not be laid out in the city of Hartford, any public highway, street or alley, of less width than forty feet, except at its entrance, or at its intersection of another street, highway or alley. sect. 2. No house, shop or store, shall be erected, fronting upon any private way, street or alley, of less width than forty feet, which shall be hereafter laid out or opened, by any individual or individuals: Provided new

ertheless, that the court of common council be, and
they hereby are authorised, (if they see fit) to give special
licence to any proprietor or proprietors of lands adjacent,
to erect stores or shops, fronting upon such private ways,
streets or alleys.
sect. 3. And every person, who shall, contrary to the
provisions of this act, erect any house, shop or store,
fronting upon any private way, street or alley, hereafter
to be laid out or opened, shall forfeit and pay to the treas-
urer of the county of Hartford, a fine of not less than one
hundred dollars, nor more than five hundred dollars, ac-
cording to the circumstances of the offence.
sect. 4. In addition to such fine, all dwelling-houses,
erected contrary to the provisions of this act, shall be
annually assessed fourfold in the lists of polls and ratable
estate of the town and of the city of Hartford; and all
other buildings, erected contrary to the provisions of this
act, shall be annually set in such lists at the sum of thirty
dollars; and it shall be the duty of the listers, to set the
same accordingly, in the lists of said town and city; and
all such houses and buildings shall be ever afterwards
rated accordingly, in all taxes whatever.
sect. 5. The court of common council of said city,
shall be, and they hereby are authorized and empowered,
to designate lines on the lands of proprietors, adjoining
the streets, highways and alleys, both public and private,
already laid out, or hereafter to be laid out in said city,
between which lines and such streets, highways or alleys,
no building, or part of a building, shall be erected : Pro-
vided, such lines be not more than fifteen feet distant
from such street, highway, or alley.
sect. 6. And every person who shall, contrary to the
{..." of this act, erect any building, or part of a
uilding, between any such line and any such street, high-
way or alley, shall forfeit and pay to the treasurer of the
county of Hartford, a fine of not less than one hundred
dollars, nor more than five hundred dollars: and in addi-
tion to such fine, all such buildings shall be assessed four-
fold, and set in the lists, and rated in all taxes, in the same
manner as is provided in the fourth section of this act.
sect. 7. For the purpose of promoting a free circula-
tion of air in said city, said court of common council are
authorized to designate and establish passways, and open-
ings between the buildings in said city; and if any person
shall, by erecting any building or other obstacle, obstruct
the free circulation of air through any such passway
or opening, he shall forfeit and pay to the treasurer of
the county of Hartford, a fine of not less than one hun-
dred dollars, nor more than five hundred dollars.

Proviso as to licence.

Fine.

Fourfold assessment on buildings erected contrary to law.”

Common
council may
designate
lines for the
front of build-
ings.

Fine for transgressing.

Fourfold assessment.

Openings between buildings.

[merged small][ocr errors]

sect. 8. Said court of common council shall be, and they hereby are authorized and empowered, to cause all grounds in said city, where water at any time becomes stagnant, to be raised and filled up, or drained; and to cause all putrid substances, whether animal or vegetable, to be removed; and to cause all nuisances, injurious to health, to be abated, suppressed and removed.

sect. 9. And to effect the purposes aforesaid, said court of common council, may, from time to time, as they shall judge it conducive to the health of the inhabitants of said city, give order to the proprietor or proprietors of any and all grounds, subject, at any time, to be covered with stagnantwater, to fill up and raise such grounds, at their own expense ; and said court of common council, may designate how high such grounds shall be filled up, and raised; and may limit such time as they shall deem reasonable, for filling up, and raising the same: and if such proprietor or proprietors, shall neglect to fill up, and raise such grounds, in such manner, and within such time, as said court of common council shall have designated and limited, said court of common council may, in such case, appoint and employ some meet person or persons to fill up and raise such grounds, and may adjust, and liquidate the expense thereof, and apportion, and assess the same upon such proprietors, and make a rate-bill thereof, specifying each proprietor's share of such expense, and appoint a collector or collectors, to collect such assessment, and pay the same, within such time as said court of common council shall limit, and to such person as they shall appoint to receive the same, for the purpose of defrayin such expense ; and said court of common council shal cause such collector duly to account for the amount of such rate-bill ; and the mayor, or one of the aldermen of said city, shall issue a warrant of distress to such collector, authorizing him to collect such assessment of such proprietor or proprietors: and every such collector shall proceed in the same manner, and have the same powers, and be under the same regulations, as the law prescribes in case of collectors of public taxes. Provided, that whenever said court of common council, shall proceed according to the powers given to them as aforesaid, to cause any grounds subject to be covered with stagnant water to be filled up, raised or drained; or any putrid substances or nuisances, injurious to health, to be removed: the said court of common council shall be, and they are hereby authorized and empowered, in every instance wherein they shall be of opinion, that any part or the whole of such expense, so incurred, ought to be borne by said city, or cannot be obtained from any proprietor or pro

prietors, to order and direct, that such part, or the whole of such expence, shall be paid out of the treasury of said city, and to draw orders on the treasurer of said city for the same.

sect. 10. If said court of common council, shall judge it conductive to the health of the inhabitants of said city, to open and establish drains in said city, said court of common council may designate the places where such drains shall be opened, and the depth, and width thereof; and such drains may be opened through lands of individual proprietors, as well as through public highways. And said court of common council may employ suitable persons to open such drains, and from time to time, to cleanse, and repair the same ; and may adjust and liquidate the expence thereof, and apportion, and assess the same upon the several proprietors of the lands, through which such drains are opened, and also upon the proprietors of such grounds as are drained thereby ; and such assessment or assessments, shall be collected, accounted for, and paid over, in the manner prescribed in the preceding section; and for those purposes, the same powers are hereby granted, and the same duties enjoined. Provided always, that if any person shall be aggrieved, by the doings of the common council, under the ninth and tenth sections of this act, or either of them, he may prefer his complaint to the next county court, in the county of Hartford, against said city, by causing a copy of such complaint, to be left with the clerk of said city, at least twelve days before the sitting of said court. And if said court, on a hearing of such complaint, shall be of the opinion that any part, or the whole of such expence, so incurred, ought to be borne by said city, said court shall order and direct, that such complainant be relieved from the payment of such part, or from the whole of such expence, as to them may appear just and equitable. And if it shall appear, on such hearing, that said complainant hath actually paid any sum or sums of money, which ought to be refunded, said court may grant execution, in favour of such complainant, against said city, for such sum.

sect. 11. Said court of common council shall be, and they hereby are authorized and empowered to cause all putrid substances, of every kind, in said city, to be removed, at the expense of the proprietors of the buildings or lands, wherein or whereon such putrid substances may be ; and the expense thereof shall be liquidated, collected and paid, in the manner prescribed in the ninth section of this act; and, to this end, the same powers are hereby granted, and the same duties enjoined.

Or to drain low grounds.

Proviso, allowing an appeal.

To cause pu-, trid substances to be re

moved.

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