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June 3, 1859

Duties of superintendent, &c.

Ibid.

Met. 253.

Limits of Faneuil

Hall market deined.

May 18, 1866.

longer than during the approbation of the mayor, and the said superintendent shall be responsible for the conduct of each of his deputies, and such deputies shall receive such compensation for their services as the city council shall annually direct. The mayor and aldermen may invest the superintendent and his deputies with police powers.

SECT. 3. The superintendent of Faneuil Hall Market and his deputies shall, under the control of the board of aldermen, have the care and superintendence of said market; and it shall be their duty to preserve order in said market; to execute and carry into effect all the regulations, orders, and ordinances which may be duly made and established from time to time by the city council or the board of aldermen for the due regulation of the same; and to keep open at all hours of every market day, after the hour of eight o'clock, A. M., the south part of South Market street, through the entire length of said street, to the width of thirty-five feet from the outside limits of the sidewalk of said South Market street. This space shall be kept open and unobstructed for the passage of vehicles; and it shall be the duty of the superintendent and his deputies to enter and prosecute complaints for any violations of said regulations, orders, and ordi

nances.

SECT. 4. The limits of Faneuil Hall Market shall include the lower floor, porches, and cellars of the building called Faneuil Hall Market; the basement story and cellars under Faneuil Hall, and the following described portions of the adja

cent streets, viz: so much of Commercial street May 18, 1866. as lies westerly of the sidewalk on the easterly side thereof, and between the outer lines of the sidewalks on the northerly side of North Market street and the southerly side of South Market street extended eastwardly; all of North and South Market streets, except the northerly sidewalk of the former, and the southerly sidewalk of the latter; all that portion of Merchants row included between the outer lines of the aforesaid northerly and southerly sidewalks extended westwardly across said Merchants row, and all of Faneuil Hall square, except the sidewalks on the northerly, southerly, and westerly sides thereof,

the above described limits being delineated on a plan made by N. Henry Crafts, city engineer, dated March twelfth, eighteen hundred and sixtysix.

of

SECT. 5. The said superintendent and his deputies, under the direction of the board aldermen, shall have the control of all carts, wagons, sleighs, and other vehicles and carriages within the limits of Faneuil Hall Market, and may assign stands within the limits of the said market for the sale of provisions and other articles; and no person shall occupy any stand other than such as may be assigned him.

to

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order carriages, (if be removed, or

&c., horses, &c., to

SECT. 6. The The said superintendent and his deputies shall have power and authority remove from place to place within the limits the owners or possessors thereof neglect refuse after being requested so to remove them,

or

cause them to be removed.

Ibid.

June 3, 1859.

or if the owner or possessor be absent therefrom), all such carts, wagons, sleighs, carriages, and vehicles, with their contents, and all horses and other beasts as shall be ranged or formed in any other manner than as directed by said superintendent or either of his deputies; and the owner or person having charge of any cart, wagon, sleigh, carriage, or other vehicle, or any box, barrel, cask, crate, basket, package, tub, or other vessel, whether empty or not, occupying any place within the limits of said market, shall, when directed by said superintendent or either of his deputies, remove the same with their contents, or cause the same with their contents to be removed without delay, to such place within the limits of the said market as the said superintendent or either of his deputies may direct; and in case of neglect or refusal so to do by such owner, or possessor, or in case of their absence, so that the direction to remove cannot be given by said superintendent or either of his deputies and immediately complied with, the owner or possessor thereof shall be liable to the penalty hereinafter mentioned for violation of this ordi

nance.

Horses, &c., to be taken from carriages, &c., by owner, or superintendent may remove them.

Ibid.

SECT. 7. All horses and other beasts shall be taken from the carts, wagons, sleighs, carriages, and other vehicles having provisions or articles of any kind for sale therein, while standing within the limits aforesaid; and the same shall be conducted to a stable, or otherwise removed from said limits, by the owner or driver having charge of the same; and it shall be lawful for the said

superintendent or either of his deputies, whenever June 3, 1859. he, or either of them, shall find any cart, wagon, sleigh, carriage, or other vehicle, or any ox, horse, or other beast standing or being within the said limits, abandoned and left unprotected, or found within the limits of the market on any part of the Lord's day or evening, to cause such cart, wagon, sleigh, carriage, or other vehicle, with its contents, and such ox, horse, or other beast, to be conducted to some stable or other suitable place; and the owner or person having the care or keeping thereof shall be liable to pay, before the re-delivery thereof to him, the entire cost and expense of the removal and keeping thereof during the time it shall be in said stable, or other suitable place, together with such further sum of money to the city, not exceeding two dollars, for the trouble arising in that behalf, as the said superintendent, or either of his deputies, shall demand, the same to be paid to and accounted for by said superintendent or his deputies to the city.

by weight. Ibid.

SECT. 8. All the butter brought within the Butter to be sold limits of said market for sale, shall be sold by weight; and if it is in lumps, each lump shall contain one or more even or integral pounds, half or quarter pounds, weight; and the superintendent and his deputies shall have power and authority to take and weigh all butter in lumps so exposed for sale in said market, and if found deficient in weight, to destroy the form of said lumps.

SECT. 9. If any person shall, within the limits of said market, sell, or offer to sell, or exhibit for

Fraudulent dealthis ordinance,

ing or breach of

how punished. June 3, 1859.

Stalls to be leased by written leases. Ibid.

sale, any article which shall be deficient in the weight or measure for which he sells the same, or offers or exhibits the same for sale, or shall practice any fraudulent dealing within said limits, and shall be convicted thereof, he shall be liable to the penalty provided in the twentieth section of this ordinance.

SECT. 10. The several stalls and cellars in said market shall be leased to the respective occupants by written leases, the conditions of which shall be prescribed by the board of aldermen;1 and the rent thereof shall be paid to the

1 The following conditions, prescribed from time to time by the board of aldermen, are now in force, and are incorporated in each lease:

1. That the lessee shall obey all the provisions of the city ordinances, and orders of the board of aldermen, relating to the market.

2. That the several stalls or cellars shall be kept in repair at the expense of the lessee.

3. That the lessee shall not place, or suffer to be placed, any box, cask, or other articles in the passageway before his stall or cellar, or within it so as to project into any part of the passageway, or in the cross passageway, unless by consent of the superintendent of the market.

4. That the lessee shall not smoke, nor have in his possession any lighted pipe or cigar, within the limits of the market, nor shall he suffer or allow any other person to smoke upon his premises in the market.

5. Said stall or cellar shall not be underlet to any person by said lessee, or be occupied by any person except said lessee, without the assent of the board of aldermen previously obtained.

6. Said lessee shall not throw, or permit to be thrown, or to iemain within the precincts of his stall or cellar, any offal, animal substance, scrapings, or any kind of dirt, filth, or useless matter, but shall forthwith remove the same, or cause the same to be deposited in some tight vessel, to be approved by the superintendent of the market; and to be removed by said lessee, as the superintendent or either of his deputies shall direct.

7. When the lessee of any stall or occupant of any cellar in said market house shall from any cause whatever vacate the same, or shall receive notice from the board of aldermen to vacate the same, or shall neglect or refuse to pay his rent for the space of twenty-four hours, or shall neglect or refuse to comply with any regulations established for the good order and cleanliness of the said market house, and its entries, passageways, sidewalks, and the streets adjoining said house, the stall or stalls and cellar or cellars of such lessee shall thereupon revert to the city and be at the disposal of the board of aldermen.

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