shall be paid to the board of engineers, for the purpose of defraying the expenses of carrying this act into execution.

25. Any person or persons who have for sale, or keep in possession, any fireworks within the city of Boston, contrary to the rules and regulations established by the board of engineers herein mentioned, or who shall sell any fireworks in said city without first having obtained from the said chief engineer or his secretary, a license as aforesaid, shall forfeit a sum not less than fifteen nor more than fifty dollars for each offence.

26. No association,1 society, or club organized as firemen, shall be allowed in any city or town except by the written permission of the mayor and aldermen or selectmen.

27. Whoever joins, belongs to, or assembles with such association, society, or club, existing without such permission, shall be punished by fine not less than five nor more than one hundred dollars, or by imprisonment in the house of correction for a term not exceeding three months.

28. The provisions of the two preceding sections shall be in force in those cities and towns only which have adopted or may adopt the same.

29. Whoever, within twenty-four hours prior to the burning of a building or other property, wilfully and maliciously cuts or removes any bell-rope in the vicinity of such building or property, or cuts, injures, or destroys any engine or hose or other apparatus belonging to an engine in said vicinity, shall be deemed guilty of the burning as accessory before the fact, and be punished accordingly.

30. Whoever, during the burning of a building or other property wilfully and maliciously cuts or removes any bell-rope in the vicinity of such building or property, or otherwise prevents an alarm being given, or cuts, injures, or destroys an engine or hose or other apparatus belonging to any engine in said vicinity, or otherwise wilfully and maliciously prevents or obstructs the extinguishing of any fire, shall be deemed guilty of the burning, as

1 For the incorporation of the Charitable Association of the Boston Fire Department, and a subsequent act respecting the same, see 1829, c. 44, and 1838, c. 131.

accessory after the fact, and be punished by imprisonment in the state prison not exceeding seven years, or in the jail not exceeding three years, or by fine not exceeding one thousand dollars.

31. Whoever steals in a building that is on fire, or steals any property, removed in consequence of an alarm caused by fire, shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five hundred dollars, and imprisonment in the jail not exceeding two years.

32. When property is destroyed by fire, and a complaint, within thirty days thereafter, is subscribed and sworn to by any person before any police court, or any municipal court, or any trial justice, alleging that reasonable grounds exist for believing that the fire was caused by design, and a majority of the mayor and aldermen or selectmen of the city or town respectively in which said property is situated certify in writing, that in their opinion, the same is a proper case for investigation, such court or justice shall forthwith issue a warrant to a constable of the place where the property was destroyed, requiring him forthwith to summon six good and lawful men of the county to appear before the court, or justice, at a time and place expressed in the warrant, to inquire when and by what means the fire originated; which warrant shall be served and returned in the manner prescribed in section three, of chapter one hundred and seventy-five of the General Statutes; and the constables and jurors shall be subject to the penalties therein specified for similar neglects. If any person so summoned does not appear, the constable shall, by order of the justice or court, return some person from the bystanders to complete the number.

33. The justice or court shall, in view of the spot on which the property was destroyed, administer to the persons thus summoned or returned the following oath: "You solemnly swear, that you will diligently inquire and true presentment make, on behalf of this Commonwealth, when and by what means the fire which has here occurred was caused, and that you will return a true inquest according to your knowledge and such evidence as shall be laid before you. So help you, God."

34. The justice or court may issue subpoenas for witnesses

returnable forthwith at a time and place therein set forth. Their attendance may be enforced in like manner as if they had been subpoenaed in behalf of the Commonwealth.

35. An oath to the following effect shall be administered to such witnesses: "You solemnly swear, that the evidence which you shall give to the inquest, concerning the origin of the fire of which inquiry is now to be made, shall be the truth, the whole truth, and nothing but the truth. So help you, God."

36. The testimony shall be reduced to writing by the presiding justice, or some person by his direction, and subscribed by the witnesses.

37. The jury, after hearing the testimony and making all needful inquiry, shall draw up and deliver to the justice or court their inquisition under their hands, in which they shall find and certify when and by what means the fire was caused; and said inquisition and testimony thus subscribed shall, within one week thereafter, be filed by the magistrate with the clerk of the courts for the county, or in the county of Suffolk with the clerk of the municipal court.

38. The fees of the magistrate, and the expenses of the inquisitions, shall be the same, and be returned, audited, certified and paid in like manner as is provided for coroners' inquests.

SECTION 1. The fire department shall consist of a chief engineer, fourteen assistant engineers, of whom two shall be residents of East Boston, and of as many foremen, enginemen, hosemen, and hook and ladder men, and other persons, who shall be divided into companies, as the number of engines and the number and quantity of other fire apparatus belonging to the city, shall from time to time require.

There shall be appointed, annually, in the month of January, a Joint Committee of the City Council, to be called the Committee on the Fire Department, to consist of three members of the Board

1 An ordinance in relation to the fire department, passed August 20, 1861, and amended November 26, 1861; May 1, 1866, February 26, 1869; September 10,

of Aldermen and five members of the Common Council; and said committee may expend not exceeding five hundred dollars from the annual appropriation of the City Council.

SECT. 2. There shall be elected annually, on the first Monday in February, or within sixty days thereafter, by a concurrent vote of the two branches of the city council, a chief engineer and fourteen assistant engineers, of whom two shall be residents of East Boston; they shall hold their office for one year from the first Monday of April in the year in which they are elected, and, unless sooner removed, until their successors shall be elected and qualified. They may be removed at the pleasure of the city council, and all vacancies for the unexpired term may be filled at any time. They shall receive such compensation as the city council may from time to time determine.

SECT. 3. On the first Monday of April, annually, the chief and assistant engineers shall meet and organize themselves as a board of engineers. The chief engineer shall preside at said meeting, and at all meetings of the board, when present; but in his absence the senior assistant engineer in service present shall preside; and their seniority in rank, and all questions relative thereto, shall be determined by the Board of Aldermen. The board of engineers may recommend to the city council some person to be elected secretary of said board, and the city council shall, on the first Monday of April, or within thirty days thereafter, by concurrent vote, elect a secretary, who shall hold his office for one year from the first Monday of May in the year in which he is elected, and, unless sooner removed, until his successor shall be elected and qualified. He may be removed, and a vacancy may be filled as provided for in the case of the engineers, in the second section of this ordinance. He shall receive such compensation as the city council may from time to time determine. He shall be sworn, and give bond with surety for the faithful performance of his duty, in such sum as the board of aldermen may direct.

SECT. 4. The engineers shall, at such times as they may by their by-laws determine, hold such meetings as may be necessary for the prompt transaction of all business coming before them, and a majority of the whole board shall be necessary to constitute

a quorum.

They may make such rules and orders for their government as a board of engineers as they may see fit, subject to the approval of the joint committee of the city council. They shall be responsible for the discipline, good order, and proper conduct of the whole department, both officers and men, and for the care of all houses, engines, hose-carriages, hook and ladder carriages, horses, furniture, and apparatus thereto belonging. They shall have the superintendence and control of all the engine and other houses used for the purposes of the fire department, and of all the horses, furniture, and apparatus thereto belonging, and of the engines and all other fire apparatus belonging to the city, and over the officers and members of the several companies attached to the fire department, and over all persons present at fires; and they may make such rules and regulations for the better government, discipline, and good order of the department, and for the extinguishment of fires, as they may from time to time think expedient; such rules and regulations not being repugnant to the laws of this commonwealth, nor to any ordinance of the city, and being subject to the approval of the joint committee of the city council, and to alteration or revocation by them at any time.

SECT. 5. The secretary to the board of engineers shall perform the ordinary duty of clerk to the board, and such other duties as the joint committee of the city council, or the chief engineer. may from time to time direct; and also such other duties as the board of engineers, by their rules and orders, to be approved by the joint committee of the city council, may from time to time determine. He shall keep an account of the appropriations made by the city council for the use of the fire department, and of the expenditures on account of the same; and shall compare his accouut monthly with the auditor's books, and see that the expenditures of the fire department do not at any time exceed the amount of the appropriations at its disposal. He shall also keep a separate account of the expenses of each engine, hose carriage, and hook and ladder carriage, and of the horses, furniture and apparatus thereto belonging, and all other incidental expenses; and shall present to the city council, in the annual report of the chief engineer, a full and detailed statement thereof.”