CHAP. 33. Selectmen of towns may appoint engine men. 1831, 506, § 1. Exemption from military duty. CHAPTER 33. OF ENGINES, ENGINE MEN, AND FIRES. SECT. 1. Selectmen of towns may appoint SECT. 14. Penalty, for refusing obedience. engine men. 2. Exemption from military duty. 4. Of firemen appointed under spe- 5. Engine companies may establish 6. Duties of engine companies. 7. Discharge of negligent engine men, 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 13. Powers of fire wards, during fires. 15. Compensation to owners of build- 16. Persons dissatisfied, may apply to 18. Punishment, for plundering at 19. Sailmakers, riggers and others, in maritime towns. 20. Penalty, for violation by livery 21. Appropriation of penalties. 23. Limitation of the foregoing regu- 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 1831, 506, § 1. 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 certificate of the selectmen, that he has been duly appointed an engine man, and that he faithfully performs his duties, as such. Term of ap- Firemen ap pointed under special laws. Special laws, 1831, 134, § 3. 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 November, 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 operations. 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 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. CHAP. 33. may es SECT. 5. The engine men, appointed under the authority given Engine comin the first section, may establish such rules and regulations, respect-ablish by laws. ing their duty, as shall be approved by the selectmen, and shall not 1821, 132, § 1. 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. SECT. 6. The companies of engine men, appointed as afore- Duties of ensaid, shall be bound to meet once every month, and oftener if gine compannecessary, 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 negligent engine men, from negligent 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, § 4. the said company, and appoint some other person in his stead. other duties, at 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 engine men, for town, whose duty it shall be, under the direction of the fire wards, fires. to attend fires therein with axes, fire hooks, fire sails and ladders, 1821, 132, § 5. and perform such further duty, as the selectmen shall from time to time prescribe. 1821, 132, § 6. 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- wards. 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 1821, 132, § 6. 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. SECT. 11. If such fire wards be not present, a major part of Powers of se the selectmen present, shall have the same power. SECT. 12. If no selectmen be present, two or three civil officers, or in their absence, military officers shall have the same power as fire wards. lectmen, in their absence. 1821, 132, § 7. Powers of other officers, in their absence. 1821, 132, § 7. wards, during 1821, 132, § 7. SECT. 13. During the continuance of any fire, said fire wards or other officers shall have power to require assistance, in extin- Powers of fireguishing the fire, and removing merchandize and furniture, and to fires. 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. to owners of buildings demolished, 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 Compensation 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 1821, 132, § 8. town shall grant such sum, as may be necessary, for the purpose of such compensation; and the assessors shall assess the same. whereby fire is stopped. Persons dissat isfied, may ap ply to the county commission1821, 132, § 8. ers. No compensa tion to the own er of the build ing, where the fire originated. 1821, 132, § 8. Punishment, for plundering at fires. 1821, 132, § 9. Sail makers,riggers and others, in maritime towns. 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 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. 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 firewards, 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 maritime town, for the business of a sail maker or rigger, or any keeper of a livery stable, except only in such part of the town or 1821, 132, 10. 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 violation by liv ery stable keep ers. 1821, 132, § 10. Appropriation of penalties. 1821, 132, § 11. Engine men, excused from serving as ju rors. 1821, 132, § 12. Limitation of the foregoing regulations. SECT. 21. The said penalties shall be appropriated, two thirds to the use of the town where the offence is committed, and the other to him, who shall sue for the same, with costs. SECT. 22. All persons, attached to any engine, shall be excused from serving as jurors in any court, unless the towns, to which they respectively belong, shall otherwise decide. SECT. 23. Nothing in this chapter shall be construed to 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 GUN POWDER, AND PREVENTION OF FIRE. SECT. 1. Selectmen, to make regulations re- SECT. 5. Power of selectmen to search for specting gun powder. 2. Penalty for violation of them. 3. Gun powder may be seized and li- 4. Persons, injured by explosion, may gun powder. 6. Stove pipes to be kept in order. 7. Appropriation of fines. 8. Publication of town regulations. СНАР. 34. tions, respect 1521, 25, § 1. Penalty for vio1821, 25, § 2. lation of them. SECTION 1. In every town, the selectmen are authorized to Selectmen may make regulations, in conformity to which, all gun powder within make regulathe town shall be kept, or transported from place to place; and no ing gun powder. person shall keep in such town any gun powder in any other quantity or manner, than is prescribed in such regulations. SECT. 2. Whoever shall violate any of the provisions of the preceding section, shall forfeit a sum, not less than twenty dollars, nor more than one hundred dollars, for each offence. SECT. 3. All gun powder, kept in any town contrary to said provisions, may be seized by any of the selectmen of the town, as forfeited; and, within twenty days after such seizure, be libeled, and such proceedings be had upon such libel, as are prescribed by law. Gun powder may be seized and libeled. 1821, 25, § 3. may recover SECT. 4. Any person injured, by the explosion of gun powder Persons, injurin possession of any person in any town, contrary to the regulations ed by explosion, established therein as aforesaid, may have an action for damages damages. against the person, having custody or possession of the same, at 1821, 25, § 4. the time of the explosion, or against the owner of the same, if conusant of such neglect. lectmen to 1821, 25, § 5. Stove pipes to be kept in or der. 1821, 25, § 6. SECT. 5. Any selectman shall have authority to enter any Power of sebuilding or other place, in his town, to search for gun powder, sup- search for gun posed to be concealed there, contrary to law; having first obtained powder. a search warrant for the purpose, in due form. SECT. 6. When any stove pipe in any town shall be defective, or out of repair, or so placed as to endanger any other building by communicating fire thereto, the selectmen shall give notice, in writing, 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. SECT. 8. The rules and regulations, which shall be established in any town, according to the provisions of this chapter, shall not tions. be in force, till they shall have been published by the selectmen of 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. of fines. 1821, 25, § 7. Publication of town regula 1821, 25, § 8. Testimony of the parties in the cause. 1821, 18, § 4. Forfeiture, for dollars or more. 1821, 18, § 3. CHAPTER 35. OF GAMING FOR MONEY OR OTHER PROPERTY. SECT. 1. Remedy for persons, losing by gam- SECT. 5. Securities, given in such cases, to SECTION 1. If any person shall, by playing at cards, dice or any other game, or by betting on the sides or hands of those, who are gaming, lose, to any person so playing or betting, any sum of money, or any goods whatever, and shall pay or deliver the same, or any part thereof, to the person winning, the person, so losing and paying or delivering the same, may sue for and recover such money, in an action for money had and received; and such goods, in an action of trover, or a special action on the case therefor, to be brought in three months. SECT. 2. If the person, so losing said money or goods, shall not, within three months after such loss, without covin or collusion, prosecute with effect for such money or goods, it shall be lawful for any other person to sue for, and recover, against such winner, treble the value of such money or goods, with costs of suit, in an action under the provisions of this chapter; one moiety to the use of the person, so prosecuting, and the other moiety to the use of the town. SECT. 3. In any action brought, as provided in the first section, and for the purpose therein stated, if the plaintiff shall offer to make oath, that the money or the goods for which the action is brought, were lost by gaming with the defendant, as alleged in the declaration, the court shall render judgment, that the plaintiff recover damages to the amount of such money or goods, unless the defendant will make oath, that he did not obtain the same or any part thereof by gaming; and if he shall so discharge himself, on oath, he shall recover of the plaintiff his costs; provided, that the plaintiff, at his election, may maintain and prosecute his action, in the usual course of proceedings in such actions, at common law. SECT. 4. Whoever shall be convicted, on indictment, of winwinning three ning, at any one time or sitting, by gaming or by betting on the hands or sides of such as are gaming, any money or goods to the value of three dollars or more, and of receiving the same or security therefor, shall forfeit to the use of the town, where the offence was committed, double the value of the property, so won and received; provided the indictment shall be found within six months after the commission of the offence. Securities, given in such cases, to be void. 1821, 18, § 1. SECT. 5. All notes, bills, bonds, mortgages or other securities or conveyances whatever, in which the whole, or any part, of the consideration shall be for money or goods, won by gaming or playing at cards, dice or any other game, or by betting on the hands or sides of those, who are gaming, or for reimbursing or repaying any |