Page images
PDF
EPUB
[ocr errors]

therefore, to substitute the word "found" for "brought into,” and leave out the "exposing for sale, and keeping with intent to sell," because the word found would cover all that was needed. The word " fruit" was inserted, so that there should be no question whether the term "provisions" embraced it.

Again, Sect. 6 of that chapter was often of no avail to us, because in many instances the owner of unlawful veal, or of tainted, diseased, corrupted, decayed or unwholesome meat, etc., when such property was found, would disclaim ownership, so that in many cases we could not publish the name and place of business of such person, and feel absolutely certain that we were right. We therefore prepared a bill and presented it to the Legislature with a change in this respect also; so that the "place where property condemned under this act shall be found, and the name of every person in whose possession it may be found and condemned," etc., should be published.

The bill passed the Legislature, and it is now the law in this city, it having been adopted by the City Council, and approved by the Mayor. It is chapter 29 of the Acts of 1875, and is as follows:

"AN ACT to provide for the appointment of inspectors of provisions in cities and towns.

Be it enacted by the senate and house of representatives, in General Court assembled, and by the authority of the same, as follows:

SECT. 1. The mayor and aldermen of cities and the selectmen of towns may annually appoint one or more persons to be inspectors of provisions, who shall be sworn to discharge the duties of their office faithfully, and who shall receive such compensation as the city council of cities or the selectmen of towns shall determine.

SECT. 2.. Said inspectors shall have power to inspect all meats, fish, vegetables, produce, fruit and provisions of all kinds found in said cities or towns; and may for this purpose

enter into all buildings except dwelling-houses, unless a tavern, store, grocery or eating-room is kept therein, where said meats, fish, vegetables, produce, fruit or provisions are found. When such meat, fish, vegetables, produce, fruit or provisions are found on such inspection to be tainted, diseased, corrupted, decayed or unwholesome from any cause, said inspectors may seize the same and cause it to be destroyed or disposed of otherwise than for food; provided, however, that if the owner of the property seized shall at the time of seizure notify said inspector in writing of his desire to appeal to the board of health, said inspector shall cause said meat, fish, vegetables, produce, fruit or provisions to be inspected by said board of health, or by a committee thereof, consisting of not less than two members, and if said board or committee shall find the same to be tainted, diseased, corrupted or unwholesome, they shall order the same to be destroyed or disposed of otherwise than for food. All moneys received by said inspector or board of health, for property disposed of as aforesaid, shall, after deducting all expenses incurred by reason of said seizure, be paid to the owner thereof.

SECT. 3. Said inspectors shall have power to inspect all veal found in said cities or towns; provided, they shall not have authority to enter for that purpose into any dwellinghouse, unless a tavern, store, grocery or eating roòm is kept therein; and if said veal is, in the judgment of the inspector, that of a calf killed under four weeks old, he shall seize the same and cause it to be destroyed or disposed of, as provided in the preceding section, subject, however, to the same provisions concerning appeal and the disposal of moneys that are therein contained.

SECT. 4. When complaint is made on oath to any police court or magistrate authorized to issue warrants in criminal cases, that the complainant believes that any tainted, diseased, corrupted, decayed or unwholesome meat, fish, vegetables, produce, fruit or provisions of any kind, or any veal

of a calf killed under four weeks old, is kept or concealed in any particular house or place with the intent to sell or offer the same for sale, the court or magistrate, if satisfied there is reasonable cause for such belief, shall issue a warrant to search for such articles, and all such warrants shall be directed and executed as provided in the third section of chapter one hundred and seventy of the General Statutes.

SECT. 5. Whoever knowingly sells, or offers, or exposes for sale, or has in his possession with intent to sell as articles of food, any tainted, diseased, corrupted, decayed or unwholesome meat, fish, vegetables, produce, fruit or provisions of any kind whatever, shall be punished by imprisonment in jail not exceeding sixty days, or by fine not exceeding one hundred dollars.

SECT. 6. The place where property condemned under this act shall be found, and the name of every person in whose possession it may be found and condemned, or who shall be convicted of an offence under the previous section, shall be published in two newspapers published in the county.

SECT. 7. Chapter two hundred and thirty-one of the acts of the year eighteen hundred and seventy-two is hereby repealed.

SECT. 8. This act shall not be in force in any city or town, unless adopted by the city council of such city, or by the inhabitants of such town.

Approved February 24, 1875.”

The number of prosecutions during the year, under the old law, has been only nine, for the reasons above mentioned, while the number of seizures thereunder and under the new law, and disposals of the property seized otherwise than for food, has been 155. In the cases prosecuted, the parties were all found guilty but one, and the fines and costs amounted to $334.39.

It was our intention to publish the street and number in every instance where a seizure had been made. But as

many were made in depots, boats, and from teams in the street, and as there was so much of this contraband property which, after seizure, no one owned, we found it useless to do so, and we give instead a summary of figures, made by Inspector Gibson up to Aug. 21, and by Inspector John H. Terry since then :

108 carcasses and saddles of veal.

20 lbs. of ham.

5 half carcasses of lamb.

2 legs and 31 lbs. of mutton. 81 lbs. of beef.

106 hens, chickens and geese.

414 lbs. and 1 bbl. poultry, besides pork, fish, melons, beans, apples, oranges, cabbages, turnips, strawberries, peas and cucumbers.

There have been nine advertisements under the statutes of the names of owners of property so seized.

PUBLIC URINALS.

On the 3d of August we received a communication from the Board of Aldermen, upon which we reported the same day; the communication and our report being as follows:

"IN BOARD OF ALDERMEN, July 27, 1874.

Ordered, That the Board of Health be authorized to establish urinals in the following-named streets and ways of the city one in Haymarket square, two or more in North Market street, north of the Faneuil Hall Market.

Ordered, That the Board of Health be requested to obtain the necessary authority, and to establish one additional urinal for males on the Common; also one for females near the entrance opposite West street; also one for males on the Public Garden, and on the 'Lava beds' near Atlantic

avenue.

Ordered, That the Board of Health be requested to report on the expediency of establishing a urinal in Scollay square, on the spot formerly occupied by Scollay's building; one on Tremont street, at some point between Park-street church and Tremont House, and also in the vicinity of Boylston Market.

Passed, sent down for concurrence, July 31. Came up concurred.

Approved by the Mayor, Aug. 1, 1874.

A true copy.

Attest: S. F. MCCLEARY,

City Clerk."

"GENTLEMEN :- Your order requesting the Board of Health to report on the expediency of establishing a urinal in Scollay's square, on the spot formerly occupied by Scollay's building, one on Tremont street, at some point near Park-street Church and Tremont House, and also in the vicinity of Boylston Market, has been received and carefully considered. We would respectfully report that in our opinion the crowded condition of Scollay's square will not warrant the establishment of a urinal on the spot formerly occupied by Scollay's building. Between Park-street Church and the Tremont House neither the street nor the cemetery could be encroached upon. We approve the location on Boylston street, near Boylston Market, and believe there is need of one there. We would therefore report that it is inexpedient to place a urinal in Scollay's square, or between Park-street Church and the Tremont House; but we ask leave to place one in Boylston street, near the Boylston Market.

A. W. BOARDMAN,

Chairman."

On the 1st of September we received permission to place urinals on the Garden and Common, and on the 13th of October permission to locate that on the Garden. No per

« PreviousContinue »